Aftermath From The Net Neutrality Vote: A Mass Movement To Protect The Open Internet? (mashable.com)

After Thursday's net neutrality vote, two security guards pinned a reporter against a wall until FCC Commissioner Michael O'Rielly had left the room, the Los Angeles Times reports. The Writers Guild of America calls the FCC's 2-to-1 vote to initiate a repeal of net neutrality rules a "war on the open internet," according to The Guardian. But the newspaper now predicts that online activists will continue their massive campaign "as the month's long process of reviewing the rules begins." The Hill points out that Mozilla is already hiring a high-profile tech lobbyist to press for both cybersecurity and an open internet, and in a blog post earlier this week the Mozilla Foundation's executive director sees a larger movement emerging from the engagement of millions of internet users. Today's support for net neutrality isn't the start of the Internet health movement. People have been standing up for an open web since its inception -- by advocating for browser choice, for open source practices, for mass surveillance reform. But net neutrality is an opportunity to propel this movement into the mainstream... If we make Internet health a mainstream issue, we can cement the web as a public resource. If we don't, mass surveillance, exclusion and insecurity can creep into every aspect of society. Hospitals held hostage by rogue hackers can become the status quo.
Meanwhile, The Guardian reports that it's not till the end of the FCC's review process that "a final FCC vote will decide the future of internet regulation," adding that however they vote, "court challenges are inevitable."

Comments

Sherman Anti-Trust Act

[Areyoukiddingme]

It's time to start seriously talking about the Sherman Antitrust Act. It has been illegal since 1890 for monopolies to leverage their monopoly status in one line of business into another line of business. ISPs breaking the Internet by violating Net Neutrality are a posterchild for illegal activity. And this isn't difficult to understand. Let's look at the text of section 1, in its entirety:

15 U.S. Code 1 - Trusts, etc., in restraint of trade illegal; penalty

Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court.

Obviously Comcast doesn't give a damn about a piddling million dollar penalty.[1] But Comcast executives might care a little bit about a federal felony conviction.

There's 38 sections in 15 U.S.C., half a dozen of which have been repealed. Section 15c is an interesting one. That's the one that says State attorneys general are allowed to sue to enforce this law. It does not require a federal prosecutor. There's an aggressive New York state attorney general who might be interested.

Section 15 is also interesting. That's the one that says, "any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws may sue therefor in any district court", and recover triple damages plus attorney's fees. And since corporations are persons... Netflix needs to grow some balls and sue Comcast in federal court. They qualify. It's black letter law, with zero difficulty proving damages. The dollar amount Comcast extorted from them is the amount of damage they suffered. It's trivial to prove Comcast is an interstate monopoly. Done and done. I just wish Netflix had a lawyer like NewEgg's general counsel.

ISPs might be more interested in Title II protections after a few felony convictions. Eric Schneiderman, are you listening?

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[1] Obviously the law needs to be inflation-adjusted. That penalty cap should be at least $25,791,700. Still a drop in the bucket. I would argue it needs to be 10 times the inflation adjusted amount.

Re:Who decided that was the central idea?

[Anonymous Coward]

BULLSHIT.

There is no reason to pay to prioritize Netflix traffic if it already has the same priority as other traffic. The only reason to pay to increase priority is if it will otherwise be de-prioritized.

As a customer, I have already paid for all of my data traffic. Now you demand that I pay more for certain bits than for the rest?