ISPs Claim Title II Regulations Don't Apply To the Internet Because "Computers"

New submitter Gryle writes: ArsTechnica is reporting on an interesting legal tactic by ISPs in the net neutrality fight. In a 95-page brief the United States Telecom Association claims Internet access qualifies as information service, not a telecommunication service, because it involves computer processing. The brief further claims "The FCC's reclassification of mobile broadband internet access as a common-carrier service is doubly unlawful." (page 56)

Comments

Interesting argument

[gcnaddict]

...except it all falls on its face because ultimately, the networks of computers are being used to communicate data between humans and other computers. hence telecommunication.

Re:Interesting argument

[rtb61]

The communication is between humans and humans. A human at one end craft content and store in on a computer in a accessible format. The end user then crafts a request for that information and sends it via the internet and the stored communication from the content creator is then delivered to the end user.

The ISP claim is a stupid as is possibly imaginable, easy proof, their claim basically is that an answer machine hooked into a phone service means that it is no longer a telecommunications service, or that a phone text message in not communications or that email is not communications or that forum posting in not communications or that chat is not communications or that instant messaging is not communications or a live video stream is not communications or that video chat is not communications. Their claim is so laughably stupid that the court should penalise them for making it.

Re:Interesting argument

[ShanghaiBill]

Won't this make them responsible for any of the crap (death threats, libel, etc) that they distribute as part of them being an "information service"?

Yes, but with responsibility comes control. They will be able to censor and control what crosses their network, shut out competitors, and charge premiums. They will be able exploit their local monopolies to muscle into the content business.

Re:Interesting argument

[VernonNemitz]

Modern high-definition TV, whether broadcast or supplied by cable, involves lots of computer processing. The concept of "communications" is about data getting moved, not how it gets moved.

United States Telecom Association

[Anonymous Coward]

The United States Telecom Association is arguing that its biggest service is not a telecom. Right...

So what.

[drew_92123]

EVERY call made in the US today is processed by "computers", long gone are the days when you had old style analog switches and rotary phones.

Since every call made is already processed in one way or another by a computer this has set a precedent over the past several decades that gives the FCC the legal power they need to enforce these rules.

Re:Common carriers are for cows.

[kheldan]

Yes, AC. The cow says 'moo'.
The pig says 'oink'.
The chickens say 'cluck cluck'.
The horse says 'neigh'.
The duck says 'quack quack'.
The geese say 'honk honk'.
The sheep say 'baaaa'.
The dog says 'woof'.
The frog says 'ribbit'.
The coyote says 'aaaahwoooooo'.
The rooster says 'cockadoodledoo!'.
The cat says 'meow'.
And the turkey says 'gooble gobble'.
Now please go play with your See and Say quietly somewhere else, k? The adults are having a conversation, sweetie. If you're good, maybe you'll get a cookie later.

************
Now, then, ISPs: I have only one thing to say about them and all their little temper tantrums they keep having: MUH PROFIT MARGIN. Get over it, ISPs, and get correct.

Re:Common carriers are for cows.

[Anonymous Coward]

The Fox sez " Vote republican"