FCC Ignored Your Net Neutrality Comment, Unless You Made a 'Serious' Legal Argument (theverge.com)
An anonymous reader quotes a report from The Verge: The FCC received a record-breaking 22 million comments chiming in on the net neutrality debate, but from the sound of it, it's ignoring the vast majority of them. In a call with reporters yesterday discussing its plan to end net neutrality, a senior FCC official said that 7.5 million of those comments were the exact same letter, which was submitted using 45,000 fake email addresses. But even ignoring the potential spam, the commission said it didn't really care about the public's opinion on net neutrality unless it was phrased in unique legal terms. The vast majority of the 22 million comments were form letters, the official said, and unless those letters introduced new facts into the record or made serious legal arguments, they didn't have much bearing on the decision. The commission didn't care about comments that were only stating opinion. The FCC has been clear all year that it's focused on "quality" over "quantity" when it comes to comments on net neutrality. In fairness to the commission, this isn't an open vote. It's a deliberative process that weighs a lot of different factors to create policy that balances the interests of many stakeholders. But it still feels brazen hearing the commission staff repeatedly discount Americans' preference for consumer protections, simply because they aren't phrased in legal terms.
So much for the government enacting the will of the people.
The repeal of the net neutrality rules was a done deal the day that Donald Trump was elected. The third-world goat herder appointed to head the FCC is simply doing what he had already decided he would do if he ever got the job.
By 'a lot of factors' they mean the amount of money paid to the commissioners by Verizon and friends, apparently.
They imagine it looks superficially honest to eliminate public comment based on a bureaucratic process. What they've overlooked is that the mob doesn't care about superficial appearances when they know you're just ignoring them... and the mob REALLY doesn't like it when you rub it in their face that you don't care about them.
I think they just told the American public to eat cake.
But of course they're doing what they want, and what the Republican party wants them to do... remove impediments to fleecing the commoners (who voted for them!) more efficiently.
So... is it time for the guillotines yet? When will the public turn on those who are betraying them? When will enough of them even realize they're being betrayed?
'Serious' legal argument = money
Who wants to bet this justification only popped up after they looked over the comments? (and were forced to disregard all the anti-net neutrality bot opinions)
I stole this Sig
unless you asked for NN to be abolished. I have no idea why anyone is surprised. We put a political party in charge that is against the government regulating private enterprise. They never made any secret of this, ever. It's a central plank of their party. They control the House, Senate, presidency and soon the Judiciary. They control the State and local legislatures. They control literally all of government except a few parts of NY & CA.
Fact is the vast majority of people oppose gov't regulation except when it's something they want regulated. But it doesn't work that way. You can't have a functioning government except when you don't. You can't have a gov't that looks out for your interests but not your neighbors (well, not unless you're very, very rich). Elections have consequences. Here's one right now.
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You know when you're on hold with a company's support line, and a reassuring voice tells you that "Your call is important to us", and you mutter under your breath "Yeah, right" because you know that they really don't care, but they have to make it look like they do?
Your call isn't important to the FCC, and they don't care if you know.
The title should read:
"FCC Ignored Your Net Neutrality Comment."
The explanation is just a pretence. Remember how the FCC didn't want to investigate all those anti-net-neutrality robo-submissions?
There is simply no rational explanation other than malice under which robo-submissions with one point of view would be accepted while what appear to be genuine, but assisted, submissions with the opposite point of view would be ignored.
The real "Libtards" are the Libertarians!
Imagine if this happened..
The people rally: "we want you to forbid the use of lead in paint in childrens toys, as thousands of children have died!"
The EPA: sorry, but you didn't use the correct legal verbiage.
or
The people rally: "we think its morally wrong that black people are only allowed to sit in the back of the bus".
The transport authority: sorry, you forgot to fill out the form in triplicate.
Making this about following procedure displays a willing tone deafness to the larger moral debate the American people are trying to have. If the FCC takes the american people seriously, the very least they should do is offer a sincere response to the implicit but very real message they have been served. Optimally, they would understand that with an overwhelming response like this, you should interpret the situation as if it were a democracy.
This is like a clerk (FCC) telling the CEO (the people) that he doesn't feel obliged to take her wishes seriously, as the regular procedure is that orders come from middle management.
Will corruption ever be a serious election issue?
“He’s not deformed, he’s just drunk!”
I decline to create joinder with you.
Now all they need to do is pick a sarcastic name for the declaration
Nullius in verba
why? they do fuck all of nothing
In the primary? If not you screwed up. I don't care what your reasons were, you done screwed up.
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It's BS and flies in the face of actual function of FCC. FCC is not a court whose edicts are purely resolutions of existing law. They decide policy which is ultimately an expression of opinions and choices. Anybody who has purely legal opinion can express it by bringing the matter to court and judging FCC policy based on purely legal matters. Pure public "opinion" is precisely what the FCC is legally supposed to take into account. No federal agency required to consider public opinion has ever claimed this interpretation AFAIK. (and if FCC believes this is legal requirement, would it not overturn all past federal regulations which illegally took into consideration public opinions which are not strict legal arguments?) Never mind that FCC has not enunciated a clear objective standard to discern "legal argument" from non-legal "opinion". There just isn't such a sharp distinction when one considers the philosophical fundamentals of judicial process. Courts consider opinions ALL THE TIME which are not strict functions of law, even if the latter is prioritized.
The fact that they now openly admit refusing to consider public "opinion" that is not legal argument is in fact a great legal argument to overturn their NN decision for not following legal requirement to consider public OPINION. Of course, they can re-run process and say they came to same conclusion while taking into account the public opinions, but at least that delays them by some years and messes them up.
We're not a democracy.
Who has the time.
The FCC made it so difficult for me to comment.
I can see why lots of people had to resort to form letters and spam-like tactics.
It took me about 15 minutes of life just to wade through the obstacles thrown in front of me to voice my displeasure with this decision.
And I am not a lawyer so framing things in a legal jargon context is not really in my wheelhouse.
But I do have an opinion as do the many other millions who voiced their opinions and those are as valid as anything.
This is all just smoke and mirrors, but if people remain angry enough about this sort of thing, then vote congress out and get a new congress which will actually pass legislation that betters things for the citizens over corporate interests in gouging every last waning cent our of a declining middle class.
Business can really invest when people just continue to lose ground and find themselves having to choose whether any service is worth their while.
A downward spiral on society does nobody any good.
the usa started out as a federal republic but as since degenerated in to a corporate fascist kleptocracy
Politics is Treachery, Religion is Brainwashing
".... it still feels brazen hearing the commission staff repeatedly discount Americans' preference for consumer protections, simply because they aren't phrased in legal terms...."
You mean, they should have instead set up a whole website to let people submit opinions that they simply ignored, instead? (cf https://petitions.whitehouse.g...)
Which is more disingenuous? Telling people you need to make a cogent POINT, and then they'll bother to read it? Or telling people they have a voice...but you actually ignore it completely?
-Styopa
The FCC has been clear all year that it's focused on "quality" over "quantity" when it comes to comments on net neutrality.
That's like saying "We only count votes from quality people. The total of the vote doesn't matter."
Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.
Requiem for the American Dream
but Trump still won. He won because people came out for him.
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the House, the Senate, etc. There were a couple votes away from a constitutional convention and don't think they didn't notice that.
We're a two party system. And there are lots of folks in the other party who are basically Republicans with a 'D' next to their name (Dianne Feinstein, Joe Manchin & Chuck Schumer come to mind). So yeah, they control everything. They figured this shit out in the 60s when they started making Abortion & Gun Control into wedge issues to isolate the working class.
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in a desperate attempt to find a way to get what you want without accepting the consequences. Trying to eat your cake and have it to. I've got a buddy who's a type-1 diabetic with right wing parents he idolizes who does the same thing. He desperately needs socialism because his illness means he can't hold a job. At the very least he need socialized medicine or he plain dies. He knows this, he's smart. But he's emotional, and doesn't want to go against those right wing parents of his (who kinda turn a blind eye to the whole 'socialized medicine is keeping our son alive' thing). So if you press him on his solution to health care he says he wants to force the insurance companies to sell him it at a price he can afford even if it's at a loss, and the government will make up the difference. Basically socialism by way of a private company getting 20% of the gross cost for literally no reason. I've pointed this out to him a few times and he conceded the point but didn't change his politics. That's your problem in a nutshell. Either we take care of everybody or we take care of nobody. When it comes to basic services, utilities and rights there can be no half measures. Anything less just gets picked apart over a few decades by greedy assholes.
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Wonder how they consider the emails fake? A lot of political activism often involves form letters so its hardly surprising that they recieved a lot of duplicates.
I voted for Gary Johnson this last election for exactly the reason that's becoming clear to a lot of people now....
I don't at all think the Democrats would have been a "better choice", given the fact they chose to run one of the absolutely worst possible choices for a candidate with Hillary Clinton. I mean, she was completely out of touch with what life is like for a typical American citizen. It was a unique experience for her just to try to do her own grocery shopping as a publicity stunt. And frankly? I think her husband was even trying to sabotage her campaign discreetly, because he probably had ZERO desire to get stuck living 4 years in the White House again, except as "first man" instead of the leader of the country.
To the credit of the Trump administration, they DID squash the the TPP (Trans-Pacific Partnership), which Obama's administration kept pushing and which would have categorically been a bad thing for America had it passed. But absolutely, Trump is playing the uninformed fool that many of us fully expected him to be if he was elected. Essentially, he's treating the whole thing just like more reality TV and making up anything he thinks sounds good as he goes along. Even so? A lot of people voted for him more to counter the last 8 years of rule by a Democrat - including trying to avoid loading up the Supreme Court with another left-leaning Justice (which would have implications lasting far longer than a Trump presidency).
Ultimately though, yeah -- it doesn't matter anymore if you vote for the Democrats or the Republicans. Either way, you're going to get a leader who has an agenda that doesn't align well with anything resembling the intentions or purposes of the United States of America as it was originally designed by its founders. Republicans keep doing anything they can to help their friends and connections in big business or banking or the stock market. Democrats keep trying to design a government that "mandates equality" with taxation and legislation ensuring every minority group you can think of gets special recognition or privileges that enable them to force the majority to bend to their whims.
Seriously, 1-web, along with SpaceX, will be offering 1GB up/down with ~25 ms latency for $50/month.
That is cheap. And count on the fact that they will push neutrality.
Im hoping that Google will jump back into fiber in cities, but use SX as a CO for them.
I prefer the "u" in honour as it seems to be missing these days.
Like it or not the FCC is *right* in requiring only legal (informed) comments over mass quantity of how many people feel about the issue. The fact that a lot of people have an opinion on a matter doesn't make them right or authorized to speak on the matter.
To put this is terms you may understand more...
Programmer: So you need a program to process these data items, correct?
Clueless CEO: Yes, and I know that it should take only about a week. It can't be that complicated.
Corporate seatwarmer: I agree. Definitely true.
Corporate yesman: CEO, you are brilliant.
And 7 other corporate suits, well, follow suit and agree with CEO.
Programmer: It will take 2 months to program, testing will take several weeks, training will last about a week. Maintenance will last about an additional month.
All: We voted on it programmer. You have a week to make it work perfectly.
Suppose you are asked to come up with rules saying what publishers can and can't do. Should that be based on a vote of the people (risking suppression of political or religious dissent) or based on detailed critiques of the different options available to you and their consequences? Should your standards for IT security be based on a vote of your customers?
Public comment is sometimes incredibly useful and important, but it's not magic and it's not majority-wins. It's about having a group of experts with domain knowledge making policy. You can still ask Congress to change the law to override them.
Of course there's a problem with the distributed incentive to comment on the consumer side. If you don't have money riding on a regulation, you're not going to invest in comment. But if you want a comment to be meaningful, you need to either dive deep enough to make your comment be really good, or you have to hire (or get together with others to hire) someone to help you do that diving. A good lawyer can help you do that. The declaratory ruling, report, and order is a couple of hundred pages long--unless you are going to pay a professional to dig through it or spend a lot of time on it, the chance of critiquing it in a meaningful way that will make someone think about or modify their position is extremely low.
https://apps.fcc.gov/edocs_pub...
Real lawyers write in C++
Wouldn't matter. They made their decision already. This is just for show. After all, lots of us did make plenty of serious legal arguments, and they ignored us, too.
Indeed-
https://ecfsapi.fcc.gov/file/7522219498.pdf
http://apps.fcc.gov/ecfs/document/view?id=7522219498 (previous url)
To be fair though, Wheeler ignored me for his entire leadership term. Their ignoring of me started a bit before that IIRC. Honestly at this point I think the best bet to facilitate any likelyhood of mainstream availability of reasonably priced ISP plans that allow one to operate an IRC server from home may well be this Pai/transparency thing. I laughed out loud as I think a comment on PBS NewsHour last night summed up the impact as "consumers will now have to pay more attention to the fine print". OMG, your internet service contract's 'fine print'. Holy hell.
Civil War is always an option for us!
Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
The FCC received a record-breaking 22 million comments chiming in on the net neutrality debate [...] a senior FCC official said that 7.5 million of those comments were the exact same letter, which was submitted using 45,000 fake email addresses.
So 45,000 fake email addresses sent 7.5 million copies of the same letter, and the FCC didn't find that a convincing argument? I'm shocked!
One out of three comments were identical - that's quite an achievement from the "hashtag activisim" folks, a group best known for their "#BringBackOurGirls", but that isn't a convincing argument. Simple repetition renders the message meaningless.
Ken
...overstepping its legal authority by issuing the "Net Neutrality" regulation, in direct contravention to its previously stated position, and the bill from Congress itself, no one who is not somewhat legally literate cannot offer a serious or useful opinion on it. If you think "Net Neutrality" is a good thing, you need to contact your US Representative and Senators, they're the ones that can make it happen. Zealous but clueless supporters of this regulation are barking up the completely wrong tree. And then beyond being ignorant of the law, you have people that don't even know basic civics...
Slashdot: Playing Favorites Since 1997
Honestly, where do you come up with this drivel? Article I. Article II. Article VI. The Thirteenth Amendment. Each of these contains rules the Federal government imposes on the states, and the American citizens within those states.
Will the ISPs no longer enjoy common carrier protection? And if that is so, does that give them the right to install a certificate on my device so they can inspect all my HTTPS traffic? If they are now ultimately liable for everything on their network, they might have that right.
And now I wonder if this is all nothing but a ruse to eliminate the security of encrypted packets.
Nah, that is just crazy. I mean, what government agency could possibly want visibility into all data, everywhere?
The only county that would have benefited from the TPP was the US. It would have given you the power to enact your draconian laws on all the other countries. It also would have forced us to use your joke of a patent system.
Thank you Trump for making a decision that cost America thousands of jobs and billions in unethical revenue and power to your country.
Microsoft, Apple, Google, Amazon what's the difference? All steal money from devs and control with walled gardens.
Only the lawyers win when the government ignores the citizens in favor of legalese. Good luck USA, you dumb fucks. You deserve what you get. Ha-ha.
> But it still feels brazen hearing the commission staff repeatedly discount Americans' preference for consumer protections, simply because they aren't phrased in legal terms. Lets face it, its nothing to do with legal terms or not, its about following the money, and the money says end NN.
I read a post from someone who said "Democracy will correct itself". Here's how I see that happening. AT&T (potentially) buys CNN. CNN provides a subsidiary website, AT&T News. AT&T decides you can get all your news from AT&T News, and you don't need Fox News, or Briebart. Fox News complains about Net Nuetrality, and thus the problem is solved. I really want to work on making this happen.
in the primary, you vote Sanders, and bring your friends too. The DNC hasn't learned a damn thing because they're stuffed with corporate democrats who are just like republicans but don't want to oppress homosexuals and women (as much). On the economy they're the same bastards as the repubs.
Your primary vote matters. Yes, the scales were tipped, but there are limits to how far you can tip them and in a primary with so few people voting your vote counts for a lot more. Multiple right wing Dems just got primaried recently. It can work. But not if folks like yourself throw up your hands and give up at the first sign of trouble.
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IANAL, but there are at least two violations of Federal law likely to flow from allowing net biasing:
First, most ISPs qualify under Sherman Antitrust as monopolies since they have "pricing power" in their markets. Net biasing allows illegal extension of that monopoly into other services.
Second, biasing traffic implies control and approval. ISPs are jeopardizing their common carrier immunity which is founded on an inability to control.
It would have been nice had the FCC announced what sort of comments they wanted. But in fact, they probably wanted none and just need a checkbox before proceeding corruptly. It is fortunate the much-reviled DJT got elected one year ago in that the Press was jolted awake from their 8+ years of sleep and syncopancy.
TTP will likely go through. Canada is pushing to drop all the American Copy right and patient stupidity. Since Japan desperately wants it and Canada is now the second largest country in the TTP it will likely go through. With out the American provisions I see it as a pretty good trade deal. As a Canadian, who's country has lost most of the NAFTA disputes, I still see the dispute resolution system as a good thing. Canada really did deserve to lose those disputes. Now if we could only get softwood lumber included...
Not just now, of course. The Grant administration was notoriously corrupt, as was Tammany Hall. Teapot Dome. Transcontinental railroad. If someone isn't a millionaire when they enter the Congress, they sure are when they leave.
The more things government controls, the greater the opportunities for corruption.
Guess who likes so-called "Net Neutrality"? It's not just do-gooders.
Another instance of "the Baptist and the bootlegger".. Do-gooders and do-badders can end up as allies, unbeknownst to the do-gooders. Far too often, the bad guys have a better understanding of the issues involved and the actual consequences. And after the dust settles and the bad consequences arise, the do-gooders want more legislation. And the do-badders quietly help the new legislation along. https://duckduckgocom/?q=bapti...
There's no time like the present. Well, the past used to be.
they know they'll just lose in the General. Go vote.
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