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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.

35 of 279 comments (clear)

  1. whodathunkit by JustNiz · · Score: 5, Insightful

    So much for the government enacting the will of the people.

    1. Re: whodathunkit by AntronArgaiv · · Score: 5, Insightful

      You know, it's not really fair to expect the average citizen to be able to phrase his viewpoint in legal terms. Nor is it reasonable to expect that he would spend the money to hire a lawyer, simply to express his opinion. For example, constituents routinely make their views known to their elected representatives, using plain language. Why should the FCC require a higher standard?
      I'd really like to see Pai get sued over this.

    2. Re:whodathunkit by war4peace · · Score: 4, Insightful

      Fear the true will of the people. Usually "the people" are a bunch of semi-primitives who have no clue what the fuck they are doing or whether whatever they seem to want is even achievable. Yes, everyone would love lots of money, free booze and no work to do, but besides that I don't think "the people" (as a whole, mind you, not those of them who have neurons in other places than their own gonads) are any good at deciding anything.

      Governments never enacted the will of the people; they did what they thought was best for the country and their own pockets, with priorities varying from "most for my pockets" to "most for the country", with the former being more prevalent throughout history.

      All voting processes are flawed in one way or another, so you can't even argue successfully that the ruling people were "chosen by the people". Most times they aren't. They're usually chosen by a group of people with power, and then the candidate is shown as "this is the one you should all vote!" and that's it. That's a lack of choice rather than a choice, much like "mouldy bread or spoiled meat" could be considered "choice".

      --
      ...gis sdrawkcab (usually not responding to ACs; don't bother posting as AC)
    3. Re: whodathunkit by dgatwood · · Score: 5, Insightful

      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.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    4. Re: whodathunkit by tlhIngan · · Score: 4, Insightful

      You know, it's not really fair to expect the average citizen to be able to phrase his viewpoint in legal terms. Nor is it reasonable to expect that he would spend the money to hire a lawyer, simply to express his opinion. For example, constituents routinely make their views known to their elected representatives, using plain language. Why should the FCC require a higher standard?
      I'd really like to see Pai get sued over this.

      Easy. If you can afford a lawyer, then you're rich enough that the FCC is interested. If you can only speak in plain language, then you're just a prole and can't possibly understand government. Government's too complicated for simple minded folks. Those who can afford lawyers, well those people understand how government works.

    5. Re: whodathunkit by rtb61 · · Score: 2

      Doesn't matter well over ten million pissed of computer geeks and nerds does not matter, boy will the US government find out how much 10 million pissed off geeks and nerds matter, it took way less than that to fuck over the US election and turn it into a blame Russia joke. The US government will be feeling a whole lot of digital pain for this action, across the board.

      --
      Chaos - everything, everywhere, everywhen
    6. Re: whodathunkit by ravenshrike · · Score: 2

      Because the comment period can introduce angles they may not have thought of. Guess what a mass mailed form letter rather explicitly doesn't do.

    7. Re:whodathunkit by war4peace · · Score: 4, Insightful

      Here's the thing: IT DOES NOT MATTER.
      What happens in the USA right now is half the country fighting the other half, each saying their rotten meat piece is better. Quite sad, really, if you ask me. Luckily, nobody asks me anyway :)

      --
      ...gis sdrawkcab (usually not responding to ACs; don't bother posting as AC)
    8. Re: whodathunkit by war4peace · · Score: 2

      Isn't that what everyone says about their rotten piece of meat?

      --
      ...gis sdrawkcab (usually not responding to ACs; don't bother posting as AC)
    9. Re:whodathunkit by liquid_schwartz · · Score: 3, Informative

      In the most recent Presidential election, we were given the choice between a candidate that was absolutely unacceptable and one whom we were willing to vote for, even if we had to hold our noses as we did. Which one was which is something that I'll leave as an exercise for the reader.

      I have seen some buyers remorse on the R side. The D side seems preoccupied with reliving the past and speculating what small detail could have tipped it their way - ignoring the more obvious point that if they had only run a decent candidate it would have been an easy sweep.

      Pro tips for 2018:

      1) >50% of the population is white. Stop hating on white people and putting down whole states as racist deplorables.

      2) Almost 50% of the population is male. Constantly criticizing men won't help your cause either.

      3) Economics for the 99% is >330 times more important than corner cases like transgenders in the military. Focus on broad issues of real importance.

      Citations:

      https://www.urbandictionary.co... https://townhall.com/tipsheet/...

    10. Re:whodathunkit by Baron_Yam · · Score: 2

      >IT DOES NOT MATTER.

      Eh. I think the Democrats would have been a better choice for the average American than the Republicans in the last election, and that kind of does matter. Especially if you're transsexual, female, or non-white. Or maybe if you're expecting Trump's economic policies to benefit you (and you're not one of the 1%). Or maybe you're just worried about Trump's lack of decorum causing the US issues (up to and including starting a major war) on the international stage.

      The underlying problem is the American political system pretty much inevitably leads to polarization, and then people start voting for their team rather than the best person to represent them based on their individual stances on the issues. And then you have a situation where a significant minority of one half the population can install someone like Trump in the White House.

    11. Re:whodathunkit by arth1 · · Score: 2

      Da, comrade. I stand in bread line at American food bank. Thank you tax payer for lack of jobs to earn my own bread.

      You paying for the bread doesn't make it any better. The baker making bread according to his ability makes it good. Corporations making it according to the rules of profit, targeting the price to what you make and how much of that they can get, doesn't.

    12. Re: whodathunkit by PopeRatzo · · Score: 2

      The US government will be feeling a whole lot of digital pain for this action, across the board.

      Why do you think they're trying to kill net neutrality?

      Your internet is about to become the equivalent of cable TV. You will have freedom to choose, within a very specific set of parameters.

      A non-neutral net is not just good for the internet's gatekeepers. It's also good for an authoritarian regime.

      --
      You are welcome on my lawn.
    13. Re: whodathunkit by Anonymous Coward · · Score: 2, Interesting

      I'll put it to you this way.

      Title II provides ISP's common carrier status. This gives them the ability to be completely ignorant of what's going on in their network and not be liable for it; without that status, they are now liable. Every Hollywood DMCA Staydown, every unsultry sex act viewed online that's illegal, every unsultry website that might break some arcane local statute, they are now criminally liable for all and in some states now obligated for it and don't think for a second munincipalities won't view these companies as a revenue source via fines. Heaven forbid browsing histories are sold with personally identifiable billing data; now we've got more criminal charges for slander and stalking children, or if they decide to sell traffic outright, then you have confidentiality issues as well. Why would a lawyers office provide any kind of consultation through the internet, ever, when its guaraunteed to them not to be private? Take the standard "We're going to update you on our terms of service by updating our website" to any competent class action lawyer that knows how to use waybackmachine, that's a complete disaster.

      Then you have local and state governments wondering what happens to their 911 service. We used to have e911 but with this move, that's gone. And do understand, they make a significant change to the service they offer. For example, the first and obvious step here is you will get a choice between regular internet service for $99.99 a month "unlimited" (but really limited), or $59.99 a month for 500GB of data, or $39.99 for "unlimited" with no video or audio streaming or gaming traffic (except from our sponsors) for a landline with e-mail and web browsing only, and we're going to bundle that with your phone. The first challenge here is with such retrictions, since we're sending data via landline, is how you actually define "internet service". States AG will file anti-trust and RICO lawsuites to protect their state's and munincipalities interests and to force fair advertising and for the really limited services, those won't be able to be called "internet" and be fairly advertised. Now you have backend infrastructure being re-architected for each state or munincipality by court order onto of those rapidly consolidated companies dealing with operations issues due to disparate technologies, ERP systems, billing systems, monitoring systems, et-cetera.

      And Finally, this doesn't take into account what happens when people begin really encrypting traffic heavily. Fact is, IPSEC was designed to encrypt all the traffic between all the endpoints and TLS is rapidly becoming IPSEC. You host off of AWS or Azure, and properly encyrpt your VM's, not only is AWS and Azure in the dark, but the ISP's are in the dark too; the Layer 3 data is useless and Layer 4 data is completely unreadable as you can rotate encryption mechanisms and keys for streams and it is not that computationally expensive. The application detection software on network gear depends heavily on being able to see un-encrypted traffic; you begin encrypting everything and about all they can see is the session being established then poof, in the dark. Google doesn't want the competition of ISP's selling data on what people are searching for; that's the entire reason they pushed the entire internet to adopt HTTPS, and I'm sure it's been effective. All that's left to do is to use DNSSEC and rotate DNS Servers to keep you from being tracked that way as well.

      The only way this program is even remotely tenable is if crony capitalists pull off the impossible. Legally untenable doesn't even begin to explain the predicament they are now in.

    14. Re: whodathunkit by Anonymous Coward · · Score: 2, Insightful

      People keep saying this "pitchfork and torches" thing. But should that happen, which I doubt, you'll be labelled a terrorist and brutalized by the police while the rest of people just shrug and say "you broke the law" and "you are not free of consequences".

    15. Re:whodathunkit by TimothyHollins · · Score: 2

      We the People, fund the Government.

      I found the problem. If you want representation, you shouldn't fund the Government, you should fund the politicians. That's what the big boys are doing.

      Look at it -
      Google - taxes: $5.30. Politicians: Millions
      Apple - taxes: $0 but requested $800 million in returns. Politicians: One Ireland worth of bribes.
      Verizon - taxes: please, do we look like poor people? Politicians: Enough for complete ownership of one Ajit Pai and whatever lawmaker is willing to block fiber deployment to the local orphanage for hefty donations.

  2. weighs a lot of different factors ? by Anonymous Coward · · Score: 3, Insightful

    By 'a lot of factors' they mean the amount of money paid to the commissioners by Verizon and friends, apparently.

  3. They imagine it appears honest by Baron_Yam · · Score: 5, Insightful

    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?

    1. Re:They imagine it appears honest by Anonymous Coward · · Score: 5, Insightful

      Three things keep these clowns in power:

      * Citizens United ==> Unlimited spending by corrupt special interests to subvert the political process.

      * Gerrymandering and voter suppression ==> to keep low income and non-white voters from having any representation.

      * Fear mongering over hot-button social issues that have zero impact on most people's lives (abortion, gay marriage, transgender bathroom access) ==> bring out the social conservatives and get them to vote against their own economic interests.

      It's a winning formula. Sad, but effective.

      The Republican party sure knows how to extract wealth from the masses and hand it to their wealthy backers. A disinterested, ignorant population is easily manipulated.

  4. Read between the lines by burtosis · · Score: 2

    'Serious' legal argument = money

  5. Drawing a bullseye around the arrow by quantaman · · Score: 2

    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
    1. Re: Drawing a bullseye around the arrow by quantaman · · Score: 2

      That's literally the f'ing point of the article! They data mined the responses, and determined that 1/3rd of them were a form letter, and a good chunk were opinion and not an actual defensible argument. I know we can't be bothered to even comprehend the summary, but come on!

      I think you missed the point of my comment.

      I'm not claiming they looked over the responses, determined that the vast majority didn't fit their criteria for consideration, and then threw them out.

      I'm claiming they wanted to kill net neutrality, so they reviewed the responses with the aim of justifying that conclusion, and then chose to interpret and apply their standards in a way that would ignore the overwhelming public support for net neutrality shown in the comments.

      --
      I stole this Sig
  6. FCC ignored your comment by rsilvergun · · Score: 5, Insightful

    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.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  7. Hold Music by freeze128 · · Score: 2

    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.

  8. Title: FCC Ignored Your Net Neutrality Comment. by whoever57 · · Score: 4, Insightful

    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!
  9. "Opinion" is the legal requirement. by mutantSushi · · Score: 4, Insightful

    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.

  10. Re: Republicans don't like democracy by dhawton · · Score: 2

    We're not a democracy.

  11. Re: Republicans don't like democracy by FudRucker · · Score: 2

    the usa started out as a federal republic but as since degenerated in to a corporate fascist kleptocracy

    --
    Politics is Treachery, Religion is Brainwashing
  12. Say freakin' WHAT? by buss_error · · Score: 2

    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.
    1. Re:Say freakin' WHAT? by ScentCone · · Score: 2, Insightful

      That's like saying "We only count votes from quality people. The total of the vote doesn't matter."

      No, it's not like that at all. It's like saying, "We are a federal regulatory agency making policy decisions, and when we hear new information we think about it, and when we hear the exact same thing said for the seven millionth time, it sheds no new light and isn't any more persuasive in legal or constitutional terms than it was the first time we heard those exact same words from the exact same form letter."

      --
      Don't disappoint your bird dog. Go to the range.
  13. Nope ... it doesn't matter! by King_TJ · · Score: 3, Interesting

    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.

  14. FCC is right by Tolvor · · Score: 3, Insightful

    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.

  15. It's about law... by SeattleLawGuy · · Score: 3, Insightful

    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++
  16. I have to thank Trump for quashing the TPP by HannethCom · · Score: 2

    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.
  17. The Baptist and the bootlegger -- and the FCC by eric_harris_76 · · Score: 2

    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.