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FCC Chairman: Net Rules Will Withstand Court Challenge

An anonymous reader writes with this story about FCC chairman Tom Wheeler's confidence that the net neutrality rules the agency passed last month will stand up to upcoming challenges in court."Now that the FCC is the subject of several lawsuits, and its leader, Chairman Tom Wheeler, was dragged in front of Congress repeatedly to answer the same battery of inanity, it's worth checking in to see how the agency is feeling. Is it confident that its recent vote to reclassify broadband under Title II of the Telecommunications Act will hold? Yes, unsurprisingly. Recently, Wheeler gave a speech at Ohio State University, laying out his larger philosophy regarding the open Internet. His second to last paragraph is worth reading: "One final prediction: the FCC's new rules will be upheld by the courts. The DC Circuit sent the previous Open Internet Order back to us and basically said, 'You're trying to impose common carrier-like regulation without stepping up and saying, "these are common carriers.'" We have addressed that issue, which is the underlying issue in all of the debates we've had so far. That gives me great confidence going forward that we will prevail.""

13 of 84 comments (clear)

  1. Optimist by Anonymous Coward · · Score: 2, Interesting

    Is Optimistic. It is his position to state as such, Statists always do, then are often smacked down in court due to interest of business, aren't they learning anythjng from the TPP? The governmentnis in bed with business, its all a show of smoke and mirrors used to confuse and misdirect the citizens on whos turn is it to put us over a barrel, either the government or big business or is it time for being dp'd by both. To think otherwise is exactly what they want.

    1. Re:Optimist by Austerity+Empowers · · Score: 2

      This has been going on 40 years, there's no reason to think common sense broke out now just because we wanted it to. Hopefully the same people who flooded the FCC site months ago are going to be ready to keep doing this until we can get some concession sufficient enough to weaken the monopolies.

    2. Re:Optimist by circletimessquare · · Score: 4, Insightful

      "statist" is an insult used by the kind of people who who call obama a muslim socialist

      it's an inaccurate, hysterical, and unintelligent smear

      --
      intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    3. Re:Optimist by silentcoder · · Score: 4, Insightful

      As far as they're concerned Obama is a brown-skinned foreign socialist who gives away free healthcare.

      I think they got him confused with Jesus...

      --
      Unicode killed the ASCII-art *
  2. Re:Only Republicans are too stupid... by ArmoredDragon · · Score: 5, Insightful

    This isn't government control of the internet, and government control of the internet would be a very bad thing. How long do you think unbreakable encryption would last if the government had control? The FBI is already starting to take up a position that they want to ban it entirely.

    http://www.theguardian.com/com...

  3. Re:Systemd forks Linux kernel, for or against? by Sarten-X · · Score: 2

    Apparently DistroWatch's source is "Ivan Gotyavich", a developer on the systemd project. A Google search for his name returns no other results, and it's suspiciously a corruption of "I got you", as one would exclaim after successfully perpetrating a hoax.

    The AC commenting on every story trying to manufacture a systemd-centered argument is definitely a troll.

    In short, Linux fans still have nothing to worry about. A new package provides several new utilities, some distros are choosing to include those utilities and depend on them. That may break a few things and cause disruption for a while, but in short order, the fanatic neckbeards with their bash superpowers will ensure that everything is compatible. It's business as usual in a large software ecosystem.

    --
    You do not have a moral or legal right to do absolutely anything you want.
  4. It may survive a court challenge... by jonwil · · Score: 4, Informative

    It may survive a court challenge but it wont survive the new legislation Comcast, Verizon, AT&T etc are getting ready to submit to Congress via their bought congressmen and senators.

    1. Re:It may survive a court challenge... by nanoflower · · Score: 4, Insightful

      I don't see it as a sudden change since they had been fighting this war for a number of years. Sure, the FCC had come down on the side of the cable companies most of the time but the fact that the issue of network neutrality came and kept coming up year after year shows that this isn't some sort of massive change out of nowhere. It was a clear reaction to the cable companies refusal to work with the FCC as they clearly kept saying 'I'm not going to do what you want and you can't make me.' This is just the FCC stepping and saying that they can make them do what they want.

      Given what the courts have said in the past I don't see a challenge to the FCC rules coming from the courts. Congress is another matter.

  5. Re:Only Republicans are too stupid... by circletimessquare · · Score: 4, Insightful

    it's kind of like the concept of the free market

    without rules, enforced, all markets quickly devolve into oligarchies and monopolies: customers and smaller players squashed and abused

    so a free market requires government regulation

    likewise, without rules enforcing net neutrality, large market players start fucking with the status quo to siphon off more cash. simply because they can

    but there exists certain idiots in the world, a lot in the usa, who only see the government as a threat. the government IS a threat, in many avenues of life

    but in the market place, the government is usually your only friend when it comes to real abuse from large market players

    there does exist regulatory capture

    http://en.wikipedia.org/wiki/R...

    but again, this is an argument against corruption, not against government. again, the problem with regulatory capture is large market players corrupting the rules. so you want to heal your sick government, not weaken it further, thereby giving large market players yet even more ways to abuse you. and they will

    but certain people, they just utterly lack the awareness that the government is not the only evil bogeyman in the world. many times in fact, like regulatory capture, the government isn't really the ultimate bogeyman, but just the front for the real villains: plutocracy

    we need strong anticorruption rules in the usa. badly. the people are losing to big money. this will be our downfall

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  6. Re:Actually, no they won't. by thaylin · · Score: 4, Insightful

    Courts have already agreed they have the authority, so I am not sure where you get your information from.

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    When you cant win, ad hominem.
  7. Re:Only Republicans are too stupid... by thaylin · · Score: 3, Interesting

    It seem you are implying that corruption cannot happen in the free market without government involvement. The government is a tool, just like guns. The biggest evil bogeymen are the ones that use that tool to do evil, which are typically corporations.

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    When you cant win, ad hominem.
  8. Re:Only Republicans are too stupid... by circletimessquare · · Score: 3, Interesting

    it can self-regulate as well.

    so company {X} dominates a market for widgets. any smaller companies try to compete, they undercut the competitors prices to starve them out, then jack prices way high when the smaller companies fold, consumers having no real choice

    tell me how this problem is "self-regulated" by the market to correct for the abuse

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  9. Re:Actually, no they won't. by Dragonslicer · · Score: 3, Funny

    Courts have already agreed they have the authority, so I am not sure where you get your information from.

    From that area between the lower back and the upper legs.