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Lawmakers Are Fighting For Net Neutrality (theverge.com)

An anonymous reader quotes a report from The Verge: Lawmakers and public officials are responding to the FCC's decision to gut net neutrality with promises of action. In the hours following the FCC hearing, officials from around the country announced lawsuits and bills intended to counter the FCC's decision. In New York, Attorney General Eric Schneiderman said that he's leading a multi-state lawsuit to challenge the FCC's vote, though he didn't give further details on the suit or who would be joining him. Calling today's decision an "illegal rollback," he described it as giving "Big Telecom an early Christmas present."

Washington state Attorney General Bob Ferguson also announced he would sue alongside Schneiderman and other attorneys general across the country, saying that he held "a strong legal argument" and that it was likely the government had failed to follow the law with this vote. Other officials from Santa Clara, California, including county supervisor Joe Simitian, are also suing the FCC to block the decision. "We believe the depth of your ideas should outweigh the depths of your pockets," Simitian said at a press conference.

State Sen. Scott Wiener (D-CA) announced plans to introduce a bill to adopt net neutrality as a requirement in his state. He wrote in a Medium post, "If the FCC won't stand up for a free and open internet, California will."

Rep. Mike Coffman (R-CO) tweeted that he will be submitting net neutrality legislation, saying that this was a decision better left to Congress. Coffman was the first Republican to ask the FCC to delay the vote, citing "unanticipated negative consequences" on Tuesday.
Furthermore, Sen. Bernie Sanders (D-VT) and Sen. Brian Schatz (D-HI) are supporting Sen. Ed Markey's (D-MA) plan to introduce a Congressional Review Act resolution to undo the FCC vote. Even Rep. Marsha Blackburn (R-TN), who had previously announced on Twitter her support for Ajit Pai and the FCC, tweeted a video, saying, "We will codify the need for no blocking, no throttling, and making certain that we preserve that free and open internet." We're likely to see many others express their disappointment with the FCC's decision over the next few hours and days.

215 comments

  1. We need to start an Internet 2.0 by MikeDataLink · · Score: 2

    And sign an a worldwide agreement to never allow AT&T, Verizon, et al to connect to it.

    --
    Mike @ The Geek Pub. Let's Make Stuff!
    1. Re:We need to start an Internet 2.0 by Anonymous Coward · · Score: 0

      Sure, you and your neighbor with a tin can and string can enjoy that.

    2. Re: We need to start an Internet 2.0 by Anonymous Coward · · Score: 0

      Internet 2.0 already exists, it runs between colleges.

    3. Re:We need to start an Internet 2.0 by Anonymous Coward · · Score: 0

      I've often wondered how effective a basic switched network of over-the-fence ethernet connections would be. Trust might be an issue.

    4. Re:We need to start an Internet 2.0 by i286NiNJA · · Score: 1

      GB2Bed ivan. I can't believe anyone bothers paying you to post here.

    5. Re:We need to start an Internet 2.0 by Z80a · · Score: 1, Insightful

      Things like this aren't a two sided war where you have to automatically accept all the shit that says it is on your side.
      It's not only possible but advisable to be both against AT&T/Verizon/Comcast AND Soros, as both works to ruin your life, albeit in differing ways.
      The T-Rex biting the T-Rex that was chasing you is not your friend, and he will eat you as soon he finishes beating the other T-Rex.

    6. Re:We need to start an Internet 2.0 by Anonymous Coward · · Score: 0

      Being afraid of Soros + not giving a shit what Mercers, Kochs, or Kremlin oligarchs do = a very inconsistent dumbass

    7. Re: We need to start an Internet 2.0 by Anonymous Coward · · Score: 0

      Oogy boogy!

      Why should we let YOU decide who is the boogy man?

    8. Re:We need to start an Internet 2.0 by Z80a · · Score: 1

      Yep.

    9. Re:We need to start an Internet 2.0 by Anonymous Coward · · Score: 0

      Trust might be an issue.

      Not at all. You only need voltage/current limiters built into the basic switch. After that, you're invincible. Still need ad hoc networking to make it real though. "Server/Client" is just as offensive as "Master/Slave"

    10. Re:We need to start an Internet 2.0 by Zero__Kelvin · · Score: 3, Insightful

      That would be the opposite of open and free actually.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    11. Re:We need to start an Internet 2.0 by Anonymous Coward · · Score: 0

      We already did, but voted to not let you in on it.

    12. Re:We need to start an Internet 2.0 by rwven · · Score: 1

      You're forgetting who owns all the wires and routing devices it would operate over... Just because it uses a new protocol and is called "Internet 2.0" doesn't mean it wouldn't have to operate over existing infrastructure.

    13. Re:We need to start an Internet 2.0 by Anonymous Coward · · Score: 0

      Actually a MAJOR portion of it is/was paid for by tax dollars ... much of which the providers are/have been in breech of contract with the government for.

      and they forget that "their" wires are laid on OUR property.

    14. Re: We need to start an Internet 2.0 by MountainMan101 · · Score: 1

      Au contraire Blackadder.

      Where we're going, we don't need cables...
      https://tools.ietf.org/html/rf...

    15. Re:We need to start an Internet 2.0 by Anonymous Coward · · Score: 0

      As long as that string is wet and connected to 2 cans!

    16. Re:We need to start an Internet 2.0 by grumpy-cowboy · · Score: 1

      Let me propose a new name for the Internet 2.0 : Compuserve, Prodigy, AOL, ... ;)

      --
      Will $CURRENT_YEAR be the year of the Linux Desktop?
    17. Re:We need to start an Internet 2.0 by rickb928 · · Score: 1
      --
      deleting the extra space after periods so i can stay relevant, yeah.
    18. Re: We need to start an Internet 2.0 by Brockmire · · Score: 1

      The boogey men do, he's just saying look at all of them.

    19. Re:We need to start an Internet 2.0 by Anonymous Coward · · Score: 0
    20. Re:We need to start an Internet 2.0 by Anonymous Coward · · Score: 0

      And you're forgetting who owns all the land and soil those cables were given an easement to travel across.

    21. Re:We need to start an Internet 2.0 by Anonymous Coward · · Score: 0

      Free market capitalism built the internet. Not social justice warriors.

  2. It's a Mid Term Campaign issue! by bobbied · · Score: 1

    So the democrats are going to run the midterms on restoring Net Neutrality... Good luck! (You are going to need it.)

    Let the demagogues on the issue continue!

    Um.. Word of advice, if you care to listen. You need something else other than "Trump Bad, we oppose" and this.

    --
    "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    1. Re:It's a Mid Term Campaign issue! by Anonymous Coward · · Score: 0

      ehh. nope. congress will flip next year just because democrats are not trump. the hatred for this man posing as our president and his administration is real and will build even more as they try to ram more shit legislation through before congress recesses for elections next summer.

    2. Re:It's a Mid Term Campaign issue! by Patent+Lover · · Score: 3, Insightful

      Wrong. Trump won because "Hillary bad, Trump good". I'm pretty sure that the internet is WAY more popular than Trump.

    3. Re:It's a Mid Term Campaign issue! by duke_cheetah2003 · · Score: 2

      Um.. Word of advice, if you care to listen. You need something else other than "Trump Bad, we oppose" and this.

      If writing it only made it true. The sad truth is that democrats will definitely do well just going for the anti-Trump angle. Look at the man's approval ratings. In the dumpster. Opposing the Harasser-In-Chief is plenty to get votes.

      The really sad truth is, we could end up with some pretty shady democrats that don't need to run on issues, they can just say 'I hate Trump' and that's it. Done.

    4. Re:It's a Mid Term Campaign issue! by yodleboy · · Score: 1

      The bottom line is the democrats chose what might have been the only person that could possibly lose to Trump... I think Kim Jong-un might have been more palatable to a lot of voters than Hillary.

    5. Re:It's a Mid Term Campaign issue! by Zero__Kelvin · · Score: 1

      "So the democrats are going to run the midterms on restoring Net Neutrality... Good luck!"

      You think this because you believe that everything a politician does is about personal gain, and you think that because you are a Trotard.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    6. Re:It's a Mid Term Campaign issue! by The+Snowman · · Score: 1

      Word of advice, if you care to listen. You need something else other than "Trump Bad, we oppose" and this.

      1994 and the Contract with America Republicans beg to differ. They basically ran on a platform of "Bill Clinton sucks, vote for us" and it mostly worked. They formed a large enough voting bloc in the House to control not only the legislation that their own party could pass, but the entire House. It made a lot of career politicians really nervous until they figured out how to marginalize and control them.

      --
      24 beers in a case, 24 hours in a day. Coincidence? I think not!
    7. Re:It's a Mid Term Campaign issue! by Anonymous Coward · · Score: 0

      Oh yeah, we definitely hate brown people. Except we don't. We just don't like illegal aliens taking over cities and states, and we don't like Muslim "refugees" with their garbage extremist religion taking over our towns.

      Now whine about the modern extremism of Christianity (not baking cakes for gays) and how whitey stole the non-Native Americans land, because that's the only argument you leftist idiots have.

    8. Re: It's a Mid Term Campaign issue! by Anonymous Coward · · Score: 0

      "Wobba wobba madeup shit about somebody..namecall"

      Really? That's all you've got?

    9. Re:It's a Mid Term Campaign issue! by TheGratefulNet · · Score: 1

      my take on what the D's should do to regain control:

      - ignore the extreme right. they are brain-dead and incapable of unlearning all the crap their church leaders told them, all their lives. these people are not reachable and its not worth the time (sorry)

      - activate YOUR OWN BASE. I'm willing to bet that if as many D's were angry enough to get out and vote (in states that matter; many, sadly, do not) that they'd regain the majority

      so, its not about converting the 'right', its about having enough of the 'left' who vote in states-that-matter (sigh, its the system we have, dammit) who actually do vote.

      the more I hear the 'right' talk, the more I'm convinced they are a lost cause. alabama, just a few nites ago, made major news, but my point is that still just about HALF the population thought it was better to elect a child molester who has an R next to his name, than a much MUCH cleaner D guy. yes, the D won, but just about half of that backward state still votes for the R, even knowing full well what was really going on. these people, you'll never convert. let them grow old and die, and hopefully in a generation or two, the stupid will have been reduced.

      trumpers like to say that they voted for him because 'we made fun of them'. bullshit. they voted for that idiot because they are easily led and are ultra loyal to their party (party before country). nothing we could say or do will convert them, so let them be, don't waste your time on them, nothing to be gained, here.

      --

      --
      "It is now safe to switch off your computer."
    10. Re:It's a Mid Term Campaign issue! by rtb61 · · Score: 0

      Any piece of shit politician that calls any part of the electorate deplorables when it is the piece of shit politician who is begging for a job, abso-fucking-lutely deserves to lose and oh look an arrogant corporate whore managed to do it. How dare you oppose me, you filthy peasants, you deplorables, I don't need you vote, I have main stream media, the existing government, the military industrial complex, major technology companies on my side, I don't need you stinking filthy deplorable votes, way to win an election - NOT.

      What the Republicans are doing is guaranteeing the biggest swing in political history, it is going to be absolutely massive. Going head to head, against a reformed Democrats full of workers representatives, white workers, black workers, asian workers, female and make workers, remember them, the majority. They are not even going to make it a challenge beyond getting caught corrupting the actual electoral process (making desperate mistakes in voter fraud), making an even bigger mess. The Democrats wont even have to run a campaign, the Republicans are doing it for them. USA can not afford health care for the general public but they can afford tax cuts for the rich. USA can not afford first world infrastructure but they can afford by far the largest military industrial complex on the planet, pretty much ten times Russia's budget (to be fair, Russia get's it military done pretty cost efficiently, where as waste and profit are the US military industrial complex goals, so although they spend ten times as much they are only say, two to three times more capable and that is questionable because US gear does not have to work, it just has to be profitable).

      New net laws, progressives must pay a thousands dollars a minute for internet access, conservatives get it for free, especially at election time. Watch web sites go down, watch the return of modem speeds for independent media. Go light on pictures people, focus on text only.

      --
      Chaos - everything, everywhere, everywhen
    11. Re:It's a Mid Term Campaign issue! by Anonymous Coward · · Score: 2, Insightful

      I think you meant "Trump bad, Hillary worse"

    12. Re:It's a Mid Term Campaign issue! by Memnos · · Score: 1

      I honestly, and not being snarky or anything, really, don't know just what the hell you're trying to say here.

      --
      I don't trust atoms -- they make up stuff.
    13. Re:It's a Mid Term Campaign issue! by Memnos · · Score: 1

      Or, we could just forget about any stupid party affiliations and vote for someone who is not notably evil, has a fairly adult viewpoint, and just possibly has the chops to become statesman-like. Such people do exist, and if we reward such behavior, even someone a fair bit short of that mark would come off as fucking Abraham Lincoln right now.

      --
      I don't trust atoms -- they make up stuff.
    14. Re:It's a Mid Term Campaign issue! by Anonymous Coward · · Score: 0

      and vote for someone who is not notably evil, has a fairly adult viewpoint, and just possibly has the chops to become statesman-like.

      Glad you like our current president!

    15. Re:It's a Mid Term Campaign issue! by rtb61 · · Score: 1

      Don't insult people you are asking for a job, if you actually want that job?

      --
      Chaos - everything, everywhere, everywhen
    16. Re:It's a Mid Term Campaign issue! by Memnos · · Score: 1

      Ok then. Pretty hard to argue with that.

      --
      I don't trust atoms -- they make up stuff.
    17. Re:It's a Mid Term Campaign issue! by Memnos · · Score: 1

      Yeah, no. I was pretty much describing someone who is the polar opposite of him. I just left out the other million or so other positive qualities he lacks.

      --
      I don't trust atoms -- they make up stuff.
    18. Re:It's a Mid Term Campaign issue! by currently_awake · · Score: 1

      The corporations that paid to have network neutrality removed have 2 full years to show everyone how badly they were sold out.

    19. Re:It's a Mid Term Campaign issue! by tbannist · · Score: 1

      Yeah, she's doing pretty well. What a disaster it would have been if Trump had won...

      --
      Fanatically anti-fanatical
    20. Re:It's a Mid Term Campaign issue! by bobbied · · Score: 1

      In Alabama the issue was the primary that put Moore on the ticket with less than a majority. We had the same issue in the last presidential primary that got us Trump, who I supported over HRC in the general, but wasn't anybody's choice in the party.

      What happened in both cases was that the "right" diluted their votes by splitting them among multiple candidates which matched their views much better than the eventual winner. In both cases, the process selected the middle of the road candidate, flaws and all, and both Moore and Trump have obvious flaws. Personally, I believe that the runner up would have been a much better candidate in both cases.

      Even with this, the democrats are marginal at best. They simply MUST get their voting base out to the polls, every time. Democrats have grown dependent on gimmicks and exploiting various voting blocks to make this happen. Their last president was elected on the "first black president" gimmick. The first election this worked like a dream for them, but the second election it wasn't nearly as effective. Then HRC tried to use the "First Woman President" gimmick, which nearly worked for her, but didn't quite do it. I can only imagine what 2020's gimmick will be, but I'd almost bet the farm on a black woman. Donna Brazil anybody?

      So, in the mid-terms the Democrats need to find some gimmick to run with. They are dependent on it. "Impeach 45" and "Net Neutrality" are apparently on the table as is all this stringing up "Sexual harassers" and making them face public shaming for allegations provable or not, real or not. Good luck with that.

      The problem for democrats in these midterms is actually getting any control. I don't see how they can take the house though it's likely they make gains there, but the Senate is going to be a tougher lift for them with 10 of their seats up in mostly red states and thus in play and republicans not at nearly as much risk. There will be some churn in the Senate, but it's seems likely republicans pick up seats. Of course, all this is before we know who's actually running...

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    21. Re:It's a Mid Term Campaign issue! by bobbied · · Score: 1

      Have at it if you think it's going to work... I'm not saying it won't be effective, I'm saying it won't be effective enough for either the House or Senate.

      Looking at the house elections, democrats gain some seats, but not enough to gain control. I'll give them 15-20 pickups, far short of the 32 they need. Ryan remains the speaker and the republicans still control the house come 2019.

      The Senate is a horse of a totally different color. At first blush, democrats lose seats overall. They have 10 seats at risk, many of them from very red states (like ones where Trump won by 20% or more), republicans have many fewer seats at risk and a number of those are like Ted Cruz who won't lose in Texas. Republicans gain maybe 3 seats with some churn in a couple of states. Again, control is maintained by the Republicans.

      Of course, all this is before we know who's running, so a huge grain of salt needs to be taken with this. Once we know who the competitors are, a clearer and better prediction can be made.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    22. Re:It's a Mid Term Campaign issue! by bobbied · · Score: 1

      I think you meant "Trump bad, Hillary worse"

      I can live with that... My choice during the primaries was NOT Trump, but once he won it was a pick the lessor of two evils for me.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    23. Re: It's a Mid Term Campaign issue! by Brockmire · · Score: 0

      I'm Canadian on vacation in Mexico. Of the southern Americans I've talked to, it's this 100X. They don't start off with what they think Trump will do for them, just they don't like Hillary. Same ladies complained these recent sexual harassment reports from women should be ashamed of themselves, since their generation went through it and they just need to "suck it up". Saying everyone knew about Hollywood, they got what they deserved since they should know better. Another Canadian in our conversation had a 13 year old molested by her 35 year old coach and detailed the trauma she still experiences 18 years later, and that shut them up. Another old couple, really contradict themselves and just want Obamacare to be repealed because they don't want to be paying for others health and they don't need others to pay theirs. They think people should lose their homes if they don't have insurance, and if they don't own homes, they shouldn't get health benefits. They believe peoples lives isn't worthy if they don't own a home and hospitals should let them die. Seriously, I just hope people like this die and not propagate their contradictory beliefs to their kids. Or, just stopped voting.

    24. Re: It's a Mid Term Campaign issue! by Brockmire · · Score: 1

      She was insulting people who clearly weren't voting for her and were maliciously attacking her. It caught on so well because it was fitting. We've both said worse on /. calling people worse for just having dumb opinions. Trump lashing out at military families and shit? Workers who need aid in Puerto Rico? Is that even close to being the same? No, fuck no.

    25. Re: It's a Mid Term Campaign issue! by Brockmire · · Score: 1

      Just about, yeah. It's very obvious in some over others. Politicians earned their reputation, after all.

    26. Re: It's a Mid Term Campaign issue! by Brockmire · · Score: 1

      The one that sticks out to me the most is that Obama had to make a law to stop politicians from using inside information to profit. Been going on forever before that.

    27. Re:It's a Mid Term Campaign issue! by Anonymous Coward · · Score: 0

      Normally I would agree, but Trump has done exactly as has been predicted. He is literally the most hated President in American History. His support is dwindling faster than any previous President, and I know very many republicans/conservatives who will hold their nose to vote for a democrat just to put a stop to his insanity.

    28. Re:It's a Mid Term Campaign issue! by Green+Mountain+Bot · · Score: 0

      You are really bad at estimating levels of evil.

  3. Ajit Pei by Anonymous Coward · · Score: 0

    I'd like kick him in his goofy lollipop-looking head and bust his fucking teeth out.

  4. Re:This is why we can't have nice things by Lisandro · · Score: 3, Insightful

    This is akin to removing anti-monopoly laws, you moron.

    It is amazing how free-market loving Republicans are so happy to sign legislation that allows a handful of companies to control a gigantic market. See also: historical stance on debt and the new tax bill.

  5. Re:This is why we can't have nice things by Anonymous Coward · · Score: 0

    ^ lol

  6. Nice to see someone has our back by Rick+Schumann · · Score: 1

    ***Some faith in our system of government restored*** We're not totally left swinging in the breeze on this one, there's some people with some fight in them that aren't willing to just sit back and let the Internet burn.

    1. Re:Nice to see someone has our back by Anonymous Coward · · Score: 0

      ***Some faith in our system of government restored*** We're not totally left swinging in the breeze on this one, there's some people with some fight in them that aren't willing to just sit back and let the Internet burn.

      you're totally idiotic if you think that lobbyists are not hard at work on both sides with bribes and extortion all around

      it's just a coincidence that your interests align with apple's. they don't care about you at all

    2. Re:Nice to see someone has our back by Anonymous Coward · · Score: 0

      Oh my god you're actually sucking the dick of government. Net neutrality revealed - big government regulation and the slaves that support it.

      You are a slave.

    3. Re:Nice to see someone has our back by Anonymous Coward · · Score: 0

      Fuckstains like you are never happy no matter who is doing what. Just STFU.

    4. Re:Nice to see someone has our back by Anonymous Coward · · Score: 0

      You're sitting in a shitty internet cafe trying to get your 50 rubles worth of posts in or you don't break even.
      I'd say you're the slave.

  7. Why is this so misunderstood? by Anonymous Coward · · Score: 5, Interesting

    This isn't about net neutrality mostly.

    This is largely about Title II of the Communications Act of 1934.

    The FCC in 2015 said broadband providers are common carriers under Title 2. This made 400 pages of onerous regulations applicable to all broadband providers, some of the regulations are ridiculous and very subjective. See this link: https://www.redstate.com/diary/freedomworks/2014/09/16/title-ii-regulation-internet-actually-means/

    So Title II fosters pointless litigation and excessive regulation.

    So, Title II was required for the FCC to implement net neutrality -- otherwise the FCC wouldn't have been able to mandate net neutrality because they can only do that to common carriers under Title II.

    With the FCC undoing the Title II requirement, broadband providers will now instead be regulated by the Federal Trade Commission instead of the FCC.

    So the Federal Trade Commission will be overseeing the business practices of the telecoms, just like before. Like when the FTC got on Comcast's case for throttling bit torrent back in 2009.

    Much ado about the wrong thing. This has little to do with Net Neutrality and a lot to do with Title II having hundreds of pages of regulations that didn't previously apply to broadband.

    1. Re:Why is this so misunderstood? by Wycliffe · · Score: 2

      So, Title II was required for the FCC to implement net neutrality -- otherwise the FCC wouldn't have been able to mandate net neutrality because they can only do that to common carriers under Title II.

      This has little to do with Net Neutrality and a lot to do with Title II having hundreds of pages of regulations that didn't previously apply to broadband.

      Maybe you're right and maybe now we'll get a real bill that directly addresses net neutrality. I'm not going to hold my breath but it would be awesome if we got a clear cut law and/or constitutional amendment that clearly spelled out net neutrality and outlawed stuff like fast lanes, zero rating, bundling, port blocking, download/upload ratios, and all the other stuff that tries to screw with the open internet. It would be ironic if by caving to the ISPs and dropping net neutrality from the FCC we got a law with even more teeth in it but again, I'm not going to hold my breath.

    2. Re:Why is this so misunderstood? by penandpaper · · Score: 2

      Pretty much this. The FCC tried Net Neutrality-lite regulations and it was shut down by the Supreme Court in 2005. These rules were the latest attempt to use the Communications Act to regulate ISPs but the problem is because the law is so outdated it cannot properly address the fact that an ISP is an telecommunications service provider (able to be regulated as Title 2) and an information service provider (not able to be regulated under Title 2).

      If NN is the answer through Title 2 then Congress is precisely the way to get it done instead of an over zealous chairman and president ignoring the courts through power grabs and overreach.

    3. Re:Why is this so misunderstood? by penandpaper · · Score: 5, Interesting

      You don't need a constitutional amendment. You just need to update the Communications Act to properly classify ISPs as a telecommunications service provider or an information service provider or set up framework for a new classification that is both.

    4. Re:Why is this so misunderstood? by duke_cheetah2003 · · Score: 3, Informative

      This is largely about Title II of the Communications Act of 1934.

      The FCC in 2015 said broadband providers are common carriers under Title 2. This made 400 pages of onerous regulations applicable to all broadband providers, some of the regulations are ridiculous and very subjective.

      Sigh. This again? How many times do we have to tell you? The FCC rules regarding Net Neutrality did indeed classify ISP's as Title II common carriers. Along with a whole slew of exemptions to that law, as to not apply silly telcom rules to ISPs. Everything was fine as it was.

      Quit with the stupid already.

    5. Re:Why is this so misunderstood? by Anonymous Coward · · Score: 0

      I'm also very curious as to what the hell legal grounds the various states have to sue.

      The Internet very clearly crosses states, and Congress has given the FCC authority to regulate interstate communications. The FCC has the authority to declare ISPs being under Title II or not.

      There's no basis to sue. The states have no standing. The FCC did nothing illegal.

      What is this "a strong legal argument"? I've been hearing a lot about states suing, but nothing about what they intend to sue over. The FCC followed the letter of the law, we already know they have the legal authority, and the states have no legal standing. It's pure political posturing.

      There's even noise about Democrats trying to reverse the decision using some Congressional oversight power. What you'll note that they're NOT trying to do is passing laws requiring net neutrality - something Congress undoubtedly has the power to do. The FCC and Ajit Pai in particular have been quite clear that they're not against net neutrality, they're against classifying ISPs under Title II. Congress has the power to given the FCC the power to create net neutrality regulations, but so far, they've decided against doing it.

      If Democrats really cared about net neutrality, they would have codified it into law. They didn't, because they don't, and all this talk of suing and legal maneuvering is pointless political theater.

    6. Re:Why is this so misunderstood? by penandpaper · · Score: 4, Insightful

      Everything was fine as it was.

      No it was not fine as it was because the Supreme Court in 2005 said that ISPs couldn't be classified to be regulated under Title 2. These rules were the latest attempt to bypass that court ruling and get back to the precedent established by the Ninth Circuit that could classify the ISPs as Title 2. IOW, an attempt to ignore the Supreme Court.

      Congress is the only one that can fix the law to fix the problem.

    7. Re:Why is this so misunderstood? by Anonymous Coward · · Score: 0

      Explain why 2015 happened ? Why title II was needed.

      It wasn't because Comcast throttled Netflix and demanded money for the bandwidth the customers paid for already? Throttling bittorrent and basically behaving like hackers to their own customers spoofing packets and try to break customers using what we all take for granted now.

      Comcast would not do those things again now they can legally? Do you have a short memory ?

    8. Re:Why is this so misunderstood? by Anonymous Coward · · Score: 0

      This isn't about net neutrality mostly.

      This is largely about Title II of the Communications Act of 1934.

      The FCC in 2015 said broadband providers are common carriers under Title 2. This made 400 pages of onerous regulations applicable to all broadband providers, some of the regulations are ridiculous and very subjective. See this link: https://www.redstate.com/diary/freedomworks/2014/09/16/title-ii-regulation-internet-actually-means/

      So Title II fosters pointless litigation and excessive regulation.

      So, Title II was required for the FCC to implement net neutrality -- otherwise the FCC wouldn't have been able to mandate net neutrality because they can only do that to common carriers under Title II.

      With the FCC undoing the Title II requirement, broadband providers will now instead be regulated by the Federal Trade Commission instead of the FCC.

      So the Federal Trade Commission will be overseeing the business practices of the telecoms, just like before. Like when the FTC got on Comcast's case for throttling bit torrent back in 2009.

      Much ado about the wrong thing. This has little to do with Net Neutrality and a lot to do with Title II having hundreds of pages of regulations that didn't previously apply to broadband.

      You are completely and utterly wrong. The internet rules were a full eight pages long:

      https://www.usatoday.com/story/tech/2015/03/12/fcc-open-internet-net-neutrality-order/70202668/

      The rest of the document was discussing background and legal justification for making the change to Title II. All the rules really did were fix the mistake in 2005 which resulted in DSL being changed from Title II to Title I. The discussions about network neutrality started right around then...and we have been having them ever since.

    9. Re:Why is this so misunderstood? by Anonymous Coward · · Score: 0

      Pretty much this. The FCC tried Net Neutrality-lite regulations and it was shut down by the Supreme Court in 2005. These rules were the latest attempt to use the Communications Act to regulate ISPs but the problem is because the law is so outdated it cannot properly address the fact that an ISP is an telecommunications service provider (able to be regulated as Title 2) and an information service provider (not able to be regulated under Title 2).

      If NN is the answer through Title 2 then Congress is precisely the way to get it done instead of an over zealous chairman and president ignoring the courts through power grabs and overreach.

      The Internet was partially Title II (DSL) and Title I (cable) in 2005. Michael Powell made the wrong decision to make DSL Title I instead of making cable Title II. There was no overreach. All Wheeler did was correct Powell's mistake.

    10. Re:Why is this so misunderstood? by duke_cheetah2003 · · Score: 1

      Congress is the only one that can fix the law to fix the problem.

      This we agree on. Congress needs to pass new NN law, but this congress? Dunno about that. Let's hope the ISPs don't fuck everything up in the meantime, cuz they got a free hand to do whatever they want now. All they gotta do is tell us they're doing it.

    11. Re:Why is this so misunderstood? by Anonymous Coward · · Score: 0

      Yeah sure, 8 pages of rules that cause --->

      ---> several hundred pages of Title II rules for "common carriers"

      to apply to broadband providers.

      You are completely and udderly bad at math. /Cow humor = udderly

    12. Re:Why is this so misunderstood? by DerekLyons · · Score: 1, Insightful

      The FCC in 2015 said broadband providers are common carriers under Title 2. This made 400 pages of onerous regulations applicable to all broadband providers, some of the regulations are ridiculous and very subjective. See this link: https://www.redstate.com/diary...

      Yep, as expected of Slashdot of late - the ill educated right wing moron crowd weighs in with "pity the poor corporations and all those pesky regulations".

    13. Re:Why is this so misunderstood? by Anonymous Coward · · Score: 0

      On Twitter, my AG said it was illegal because of fake comments. That was it, nothing else.

    14. Re:Why is this so misunderstood? by PoopJuggler · · Score: 1

      Yeah I'm sure redstate.com is a bastion of impartiality.

    15. Re: Why is this so misunderstood? by Anonymous Coward · · Score: 0

      We know for certain that you are. Uh-huh.

    16. Re:Why is this so misunderstood? by eddeye · · Score: 2

      I'm also very curious as to what the hell legal grounds the various states have to sue.

      The Internet very clearly crosses states, and Congress has given the FCC authority to regulate interstate communications. The FCC has the authority to declare ISPs being under Title II or not.

      There's no basis to sue. The states have no standing. The FCC did nothing illegal.

      Sigh. More armchair lawyering on slashdot.

      Federal agencies are legally required to have a reasonable basis for policy making. That's part of why they do public comments on proposed rulemakings. They require evidence to support their position and they need to address concerns raised by the public.

      That's why Pai dismissed millions of comments in support by saying he would ignore anything that wasn't a "legal argument". He's saying they don't count and shouldn't trigger the requirement to address them. Otherwise he'd have to make a case why each of them is wrong (not each one individually, but each unique argument).

      The requirements are even tougher when overturning a policy already in place. The agency has to document with factual evidence how the prior policy is inadequate and how the new policy is an improvement. These rules bring stability and protect the public from arbitrary and capricious decision making. Otherwise you'd have chaos as each agency overturns its rules every time there's a transition of power.

      Pai did none of this. He dismissed the public comments and declared by fiat that NN should be gone. This was the most naked power grab since Lady Godiva. He didn't even bother with a thin veneer of reasonable evidence-based justification.

      There's a solid court case that the FCC didn't follow the most basic requirements of the Administrative Procedure Act. That's what the states will likely sue on. And even if the courts don't strike it down, it's very likely Congress would pass legislation implementing NN. If not immediately, then in 2018 or 2020. This is doomed to be shortlived.

      My guess is that Pai knows this decision will get overturned in a New York minute. He's giving ISPs a short window to reap in the profits before NN is reinstated through Congress or the courts. He'll probably cash out long before his mess makes it to court, leaving someone else holding the bag. I bet in the next year or so he takes a cushy job at Verizon, Comcast or an industry trade group they prop up.

      --
      Democracy is two wolves and a sheep voting on lunch.
    17. Re:Why is this so misunderstood? by Zero__Kelvin · · Score: 1
      Think of it this way. If the FCC ruled tomorrow that everyone who has an internet connection must ship their firstborn child to a neighboring state, by your argument they couldn't sue because state lines are being crossed.

      "If Democrats really cared about net neutrality, they would have codified it into law. "

      So if they cared about it they would do what they are doing, but clearly they don't? Brilliant. No wonder you think Trump is "smart".,

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    18. Re:Why is this so misunderstood? by penandpaper · · Score: 1

      Well, I think on the general principles both sides agree. From there I want to be an optimist on enshrining those principles to law.

    19. Re:Why is this so misunderstood? by EETech1 · · Score: 1

      All this shilling has got me illing!
      I can't believe the turnout here for this one!

    20. Re:Why is this so misunderstood? by Anonymous Coward · · Score: 1

      Like when the FTC got on Comcast's case for throttling bit torrent back in 2009.

      The FTC currently has two commissioners and three vacant seats to be filled by President Trump.

    21. Re:Why is this so misunderstood? by Anonymous Coward · · Score: 0

      Bullshit. FCC Order 15-24 explicitly and overtly exempted ISPs from dozens of Title 2 statutory requirements and hundreds of Title 2 codified rules. Read the damned thing for yourself, if you're able:

      https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-24A1.pdf

    22. Re:Why is this so misunderstood? by Anonymous Coward · · Score: 0

      FCC order 15-24 is what you are referring to. According to the order over 30 statutory requirements and 700 codified rules of Title 2 are explicitly waived for ISPs in order to create a "light touch" framework for them to work under.

      https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-24A1.pdf

    23. Re:Why is this so misunderstood? by Anonymous Coward · · Score: 0

      The majority in that case ruled that the FCC could reclassify ISPs at any time. That seems to contradict your assertions.

    24. Re:Why is this so misunderstood? by truedfx · · Score: 3, Informative

      because the Supreme Court in 2005 said that ISPs couldn't be classified to be regulated under Title 2

      Is this about NATIONAL CABLE & TELECOMMUNICATIONS ASSOCIATION et al. v. BRAND X INTERNET SERVICES et al.? What it looks to me like the Supreme Court actually said in 2005 was that the FCC was allowed to determine whether ISPs should be classified as such. At the time, the FCC didn't, but the Supreme Court decision didn't set the FCC's choice in stone.

    25. Re:Why is this so misunderstood? by Anonymous Coward · · Score: 0

      Everything was fine as it was.

      No it was not fine as it was because the Supreme Court in 2005 said that ISPs couldn't be classified to be regulated under Title 2. These rules were the latest attempt to bypass that court ruling and get back to the precedent established by the Ninth Circuit that could classify the ISPs as Title 2. IOW, an attempt to ignore the Supreme Court.

      Congress is the only one that can fix the law to fix the problem.

      Regardless of the underlying intent, dismantling NN was one hell of a fucking rider to tack on.

    26. Re:Why is this so misunderstood? by Anonymous Coward · · Score: 0

      So basically, the state AGs have nothing to stand on and this is a giant waste of time and money. I figured as much.

      The requirements are even tougher when overturning a policy already in place. The agency has to document with factual evidence how the prior policy is inadequate and how the new policy is an improvement.

      They did that and went over it in detail at the meeting.

      Give it up. The FCC's decision was legal. If you really want to tie up ISPs in regulations and cause Internet fees to skyrocket, ask your representatives to pass laws. Don't sue the FCC.

    27. Re:Why is this so misunderstood? by Anonymous Coward · · Score: 0

      Sigh, This again? How many times do we have to tell you? From 1995 for twenty years internet was booming and innovating not until 2015 did the government took it upon itself to regulate it. Now we are back on the path we have been in the day before governments encroachment two years ago. Everything was fine as it was.

      Quit with the stupid already.

    28. Re:Why is this so misunderstood? by Anonymous Coward · · Score: 0

      Is it so much to ask that Congress at least builds a net above a pit before cutting the rope that was the only thing stopping us from falling into it? I mean, I agree that the rope wasn't the correct long term solution, but I wouldn't mind them cutting it if they'd just put the net there first...

    29. Re:Why is this so misunderstood? by Anonymous Coward · · Score: 0

      How mooooooooving.

    30. Re:Why is this so misunderstood? by Anonymous Coward · · Score: 0

      Everything WAS NOT FINE.
      ISP's were blocking legitimate services.

      For ME it was the only available ISP in the area who is/was a large regional ISP/telcom you have heard of.
      We had a BUSINESS line.
      Then we setup a VPN to our main office in Europe.
      Not only did it not work, but every time we would attempt a connection the ISP provided modem would 'lock up' for exactly 60 seconds. No ability to ping the outside world, no connectivity, nothing outside the company.
      For EXACTLY 60 seconds after attempting the VPN connection.
      Calls to tech support were useless.
      Calls to our sales person led to a transfer to another person who told me 'VPN? That's blocked on our network. No one will tell you that but it's blocked.'
      The solution for VPN?
      'You need a leased line. I can connect you to the sales department for leased lines.'

      Don't believe me?
      Try this:

      https://www.freepress.net/blog/2017/04/25/net-neutrality-violations-brief-history

      Blocking Voice over IP because they wanted more phone customers.
      Blocking PtP services.
      Blocking access to a pro union website because ISP workers were union.
      Blocking ONE VOIP service because it competed with theirs.
      Blocking ALL streaming video EXCEPT YouTube, because $$.
      Blocking tethering to phones to increase cell-card sales
      Blocking FaceTime unless you pay for a more expensive data plan regardless of how much data you use with FaceTime.

      "VERIZON: During oral arguments in Verizon v. FCC in 2013, judges asked whether the phone giant would favor some preferred services, content or sites over others if the court overruled the agency’s existing open internet rules. Verizon counsel Helgi Walker had this to say: “I’m authorized to state from my client today that but for these rules we would be exploring those types of arrangements.” "

  8. Good news by Anonymous Coward · · Score: 1

    This is the best that can happen actually. If lawmakers pass a law forbidding blocking, throttling, fast lanes, etc, then that's actually better than leaving the internet at the mercy and discretion of the FCC. It's the best thing one could ask for. Let's hope congress actually manages to do something. *fingers crossed*

    1. Re:Good news by Zero__Kelvin · · Score: 3, Funny

      Trump. Making America Great Again the way Inspector Clouseau solves crimes!

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    2. Re:Good news by Anonymous Coward · · Score: 0

      Yet somehow and despite your faux moral outrage, unemployment is down, and GDP is exceeding "magic wand" levels.

    3. Re: Good news by PoopJuggler · · Score: 1

      And ladybug populations are up this year. I'm sure Trump will try to take credit for that also.

    4. Re: Good news by Zero__Kelvin · · Score: 1

      Faux? ROTFLMAO. It isn't about how many people are employed. 100% employment might mean everyone is working two jobs but can still barely feed their family while the rich get richer off their backs.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    5. Re:Good news by Anonymous Coward · · Score: 0

      Trump. Making America Great Again the way Inspector Clouseau solves crimes!

      As the right likes to do. If you want to redefine Great as meaning an even bigger screwed up shit hole. Go ahead. It will be "great". Idiots.

    6. Re:Good news by Green+Mountain+Bot · · Score: 2

      It's almost as though Trump has managed to change very little, and thus the economic trends from before his election are continuing apace.

  9. Re: This is why we can't have nice things by Anonymous Coward · · Score: 2, Informative

    Yea, that's not how anything works. Regulations are there because if you let them, companies would just dump their waste into rivers and use lead in gas because it makes the engine run smoother.

    The reason government exists is to protect the masses from whims and desires of monied interests.

  10. Re:This is why we can't have nice things by penandpaper · · Score: 4, Insightful

    This is akin to removing anti-monopoly laws

    No it isn't. This is akin to a poorly outdated law being interpreted in 2 ways that are both correct and wrong at the same time.

    Congress fixing that poorly outdated law is the proper course of action instead of the FCC overstepping their authority and ignoring the courts.

  11. Re:This is why we can't have nice things by ravenshrike · · Score: 5, Insightful

    Bullshit. NN does absofuckinglutely nothing to address the real issue, namely local monopolies. You want to solve the problem, get legislation passed that eliminates anti-last mile legislation, blocks municipal exclusivity agreements, and forces prompt(within 72 hours) shifting of cable on public poles so that competitors can install theirs.

  12. Should they not wait until after the midterms? by Anonymous Coward · · Score: 0

    Given the mood of the country (in general, not just about NN), come 2018 a whole lot of congressmen with (R) after their name are going to be out, and more with (D) after their name will be in.

    Should any new legislation WRT NN not wait until after 2018 to give it a better chance?

    1. Re:Should they not wait until after the midterms? by Anonymous Coward · · Score: 0

      Having a (D) after their name doesn't guarantee anything.

    2. Re:Should they not wait until after the midterms? by duke_cheetah2003 · · Score: 1

      Given the mood of the country (in general, not just about NN), come 2018 a whole lot of congressmen with (R) after their name are going to be out, and more with (D) after their name will be in.

      Should any new legislation WRT NN not wait until after 2018 to give it a better chance?

      Mmmm. This is a beautiful catch-22 those (R)'s are in now. If they do nothing, they will be pistol whipped with repealing NN, in the midterms.

      If they do something, they'll incur Trump's wrath. It's his goon that did the repeal afterall.

      And Democrats have no motivation to act right now. Repubs just handed them more winning things to talk about in 2018.

    3. Re:Should they not wait until after the midterms? by Anonymous Coward · · Score: 0

      It was a party-line vote in the FCC: 3 R's for repeal, 2 D's against.

      In congress, the ones who wanted the FCC to repeal and signed a letter to that effect were ALL (R). Granted a few (R) want to do the right thing, and good on them, but do not pretend "both sides are equal".

      They are not. NOT EVEN CLOSE. Last time this came up in congress, it was almost pure partyline. There were something like 6 (R) who crossed over to support NN at the time, but that was all.

      Don't make this a false equivalency.

  13. Re:This is why we can't have nice things by Anonymous Coward · · Score: 1

    He has served in various positions at the FCC since being appointed to the commission by President Barack Obama in May 2012, at the recommendation of Mitch McConnell. He was confirmed unanimously by the United States Senate on May 7, 2012,[1] and was sworn in on May 14, 2012, for a five-year term.[2]

  14. The FCC and Ajit Pai by DaMattster · · Score: 1

    This entire issue of net neutrality being repealed will end up being much ado about nothing. The mounting legal challenges will make this another failure of the Trump administration. Since net neutrality is now a bi-partisan issue, it will become codified into law and Ajit will shrink back to obscurity.

    1. Re:The FCC and Ajit Pai by penandpaper · · Score: 2

      Those mounting legal issues won't accomplish much except for hot air and waste of time. Because the Supreme Court in 2005 has already ruled that ISPs cannot be regulated by Title 2 under the current law because the law is fundamentally flawed and outdated because it cannot properly classify modern ISPs.

        Congress is the only one that can do anything and rightly so.

    2. Re:The FCC and Ajit Pai by tbannist · · Score: 1

      Those mounting legal issues won't accomplish much except for hot air and waste of time. Because the Supreme Court in 2005 has already ruled that ISPs cannot be regulated by Title 2 under the current law because the law is fundamentally flawed and outdated because it cannot properly classify modern ISPs.

      That's actually the opposite of the actual Supreme Court decision in 2005. The Supreme Court wrote that the agency is the arbiter of what is and is not Title II and barring a compelling argument that the rules were unambiguous and not being followed (which the court ruled they were ambiguous), the courts should not force any regulatory agency to re-assign their classifications.

      Nice work. Everything you've written on this topic is completely wrong because you don't even understand the basics of your own position.

      --
      Fanatically anti-fanatical
  15. Re: This is why we can't have nice things by DaMattster · · Score: 1, Insightful

    Yea, that's not how anything works. Regulations are there because if you let them, companies would just dump their waste into rivers and use lead in gas because it makes the engine run smoother.

    The reason government exists is to protect the masses from whims and desires of monied interests.

    Actually, you're wrong. Government exists so that there is some form of order and civility. Although, I am not sure about the civility anymore. Lawless civilizations usually degrade into violence and we're not quite there yet.

  16. Al Gore for President 2020 by nowwith25percentmore · · Score: 0

    Al Gore for President 2020 (or sooner). If he invented the Internet once, then by golly, he can do it again!

    1. Re:Al Gore for President 2020 by Zero__Kelvin · · Score: 1

      The "Al Gore invented the Internet" meme wasn't even funny to those of us who belong on Slashdot back in the days it was popular. It is especially lame in 2017.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
  17. orly? by duke_cheetah2003 · · Score: 2

    State Sen. Scott Wiener (D-CA) announced plans to introduce a bill to adopt net neutrality as a requirement in his state. He wrote in a Medium post, "If the FCC won't stand up for a free and open internet, California will."

    Correct me if I'm wrong, but wasn't part of the new FCC rules to say that states can no longer implement their own NN rules? FCC covered their ass to ensure this atrocity can't be overturned by states?

    1. Re:orly? by Anonymous Coward · · Score: 0

      Yes. States have no legal right to regulate interstate commerce, and as ISPs rather blatantly cross state lines, and Internet connections almost always cross states, it's quite clear that states have no legal right to attempt to regulate how ISPs provide information services. (They have the right to regulate right of ways and how the communication lines themselves are installed and placed, but not the information that goes over them.)

    2. Re:orly? by Anonymous Coward · · Score: 0

      Pretty sure it'll be up to the courts to decide if the FCC can deny states the ability to make these laws.

    3. Re:orly? by Green+Mountain+Bot · · Score: 1

      You're not wrong about what the new rules are. It's not clear that this particular rule is legal and that it will survive the courts. Generally speaking, regulatory agencies don't have the authority to dictate what levels of additional regulation states are allowed to enact. Even congress may not have that level of authority.

    4. Re:orly? by Green+Mountain+Bot · · Score: 1

      Your understanding of what constitutes interstate commerce is lacking. States are absolutely allowed to regulate commercial activity that occurs within their borders. For example, they can require that brewers use third party distributors to get their product to market, even if the beer is brewed in another state.

      Applied to Net Neutrality, it seems entirely reasonable that states could require that ISPs operating within their borders must abide by NN principles to make sales within their borders. They can't require that ISPs based in other states apply those principles in all states in which they operate - that level of regulation is reserved for the federal government - but there's no reason they shouldn't be able to require those principles be upheld within their jurisdiction.

  18. Re:This is why we can't have nice things by Anonymous Coward · · Score: 0

    Someone's upset. Did mommy forget to get your favorite My Little Pony diapers?

  19. The people have a right by Arzaboa · · Score: 1

    If we as a people decide that it is a good thing to regulate these businesses, then it should be so. If these companies do not want to be in this business, they can all go somewhere else... or so by their logic, they would tell the people.

    The comment period was a joke, and the comments that were made were not taken seriously. The entire point of a government is for the people to come to some consensus, and when a leader of an agency blatantly doesn't care, the agency needs to have its feet held to the fire.

    There is no doubt that the internet is now a utility that we all use and need. There is no doubt that the cost of getting into the game is so high that most people could never jump in. There has to be some protections.

    --
    I didn't do it. - B. Simpson

    1. Re:The people have a right by Anonymous Coward · · Score: 0

      This purely socialist mentality is in fact a key reason there isn't more competition in the broadband space. Why would someone spend billions building out fiber cables only to have them effectively seized by "we the people".

      Existing ISPs are as bad as they are because they have no certainty about their continued control of the infrastructure they supposedly own. In a country where the people are debating whether to further restrict the owners of network infrastructure it is wholly rational for ISPs to consume all the capital and goodwill they can.

  20. Re:This is why we can't have nice things by Anonymous Coward · · Score: 0

    Hello Ajit

  21. whatever it is by Anonymous Coward · · Score: 0

    if the Javanese pornography sites are up, I'm in

  22. Legislation by JBMcB · · Score: 1

    Furthermore, Sen. Bernie Sanders (D-VT) and Sen. Brian Schatz (D-HI) are supporting Sen. Ed Markey's (D-MA) plan to introduce a Congressional Review Act resolution to undo the FCC vote.

    Why don't they introduce a bill allowing the FCC to regulate broadband throttling? The FCC board's (and Patel's) issue with the previous legislation was it was introduced under common carrier requirements.

    --
    My Other Computer Is A Data General Nova III.
    1. Re:Legislation by Anonymous Coward · · Score: 0

      Because their big donors include telecoms, and that might succeed. (Not likely, because it would involve Republican support, but it might succeed in the long run.)

      There's a reason the original net neutrality regulations had to be pushed through by a former cable industry lobbyist: no one thought he'd actually do it, so they figured he was a safe pick.

    2. Re:Legislation by Anonymous Coward · · Score: 0

      Why don't they introduce a bill allowing the FCC to regulate broadband throttling?

      That is not a good thing. It gives too much authority to appointed bureaucrats. We need to reduce the FCC's authority, especially in relation to content. In no way is that ever any of their business. Their only real legitimate function is to prevent interference in electronic communications. Which kind of ironically would include enforcing a neutral network over what should be publicly owned wire. And if we ever make global ad hoc networking a real thing, we can rid ourselves to the dreaded evil ISP in its present form. Service will be priced entirely on the "diameter" of your pipe. If you want to filter content, build/buy your own firewall for your private network.

  23. Re:This is why we can't have nice things by i286NiNJA · · Score: 0

    Funny that the internet cost less back when it was handed over from the government to private interests. Now I wish that the rest of you losers were stuck on MMS, compuserve, and aol where you belong. Sure I'd be on dialup having to beg and hack access from people but at least you wouldn't be there.

  24. Re:This is why we can't have nice things by i286NiNJA · · Score: 1

    I read this in Boris Baddenov's voice. Gold.
    Don't meme for money, meme for art my friend.

  25. Re:Attorney General Eric Schneiderman by fafalone · · Score: 3, Insightful

    It's actually a bit more complicated than that. There's numerous laws regarding how a repeal of a recently passed policy must be carried out, including having good cause and conducting a proper public comment period. Both of those are open to challenge, and the result is far from a foregone conclusion. The principal argument seems to be that proceding with the vote despite widespread organized fraud involving criminal identity theft, without investigating much, and blocking states' efforts to do so, violates the Administrative Procedure Act. Somehow I don't think you made your comment after a thorough analysis of that law and the legal precedents surrounding it.

  26. Re:Hillary Clinton Loves the Internet by i286NiNJA · · Score: 1

    What's that have to do with anything?

  27. Signs of intersplit! by duke_cheetah2003 · · Score: 1

    State Sen. Scott Wiener (D-CA) announced plans to introduce a bill to adopt net neutrality as a requirement in his state. He wrote in a Medium post, "If the FCC won't stand up for a free and open internet, California will."

    As I already commented, this can't happen cuz interstate commerce and FCC rules and all that. So to achieve this, there will need to be a separate internet in California.

    Now look I'm not saying the sky is falling, but this is the crack in the egg. Maybe nothing comes of it, or maybe internet starts to fragment.

    This is what the repeal bought us. This could happen. Maybe not right away, but as networks become increasing competitive with each other, it's going to start to make sense to shut out your competitors users completely, and to get exclusivity of content on your network.

    I can already see the commercials, "Verizon's network offers HBO exclusively!" If you don't think it can happen... without net neutrality, it's a possible future.

    1. Re:Signs of intersplit! by Anonymous Coward · · Score: 0

      Why not change the law when things like that happen? Worst case someone doesn't get to watch their HBO.

    2. Re:Signs of intersplit! by tbannist · · Score: 1

      There's an old saying, "an ounce of prevention is worth a pound of cure". It's wise advice. It's cheaper and easier to do the right thing now, then to attempt to fix all of the obvious problems piecemeal when they inevitably do happen.

      --
      Fanatically anti-fanatical
  28. Private network by Anonymous Coward · · Score: 0

    The internet is a private network. Just because people want to use it to watch TV doesn't change that fact. The entire NN movement is about seizing private property so someone else who didn't pay for it can benefit. It would be better to leave the network free, and just pay the deadbeats who can't afford their TV the gap price.

    1. Re: Private network by PoopJuggler · · Score: 1

      Taxpayers paid for most of that shit numnuts

    2. Re:Private network by tbannist · · Score: 1

      The internet is a private network. Just because people want to use it to watch TV doesn't change that fact. The entire NN movement is about seizing private property so someone else who didn't pay for it can benefit. It would be better to leave the network free, and just pay the deadbeats who can't afford their TV the gap price.

      Who didn't pay for it? I pay an ISP to carry my data to and from the internet. If I go over a limit, they even charge me more for the additional data. So I pay them to route my information to the internet and the information I requested back to me. Everything else is misdirection because I already paid them for the service they are providing.

      Comcast and Verizon, however, want to get paid more than once to do that job. Wouldn't we all like that? Wouldn't you like to get two or three pay checks for the work you're doing without having to do anything extra? But we don't get to do that and neither should they. And if we let them do it, we will all end up paying for it, because that extra cost is going to get passed on to you in the form of higher prices and reduced competition.

      --
      Fanatically anti-fanatical
    3. Re:Private network by Anonymous Coward · · Score: 0

      And if we let them do it, we will all end up paying for it, because that extra cost is going to get passed on to you in the form of higher prices and reduced competition.

      I'm not sure that the "competition" can be reduced any further... something like 80% of Americans only have 1 viable broadband provider to choose from. Seriously Comcast Residential vs. Comcast Business isn't much of a choice now is it?

  29. Re:Attorney General Eric Schneiderman by Anonymous Coward · · Score: 0

    Somehow I don't think you made your comment after a thorough analysis of that law and the legal precedents surrounding it.

    I read /. daily. Whenever I see a particularly ignorant or obnoxious comment I look up to see the author. "sexconker" is a name I know well by now.

  30. Re:This is why we can't have nice things by sabri · · Score: 0, Troll

    Bullshit. NN does absofuckinglutely nothing to address the real issue, namely local monopolies. You want to solve the problem, get legislation passed that eliminates anti-last mile legislation, blocks municipal exclusivity agreements, and forces prompt(within 72 hours) shifting of cable on public poles so that competitors can install theirs.

    Finally, someone else who understands. I've been preaching this since the beginning of this stupid NN discussion, but always get downmodded. My kingdom for modpoints. Actually no, my kingdom for more brains into the brainless morons who shill for the content providers.

    --
    I'm not a complete idiot... Some parts are missing.
  31. "this was a decision better left to Congress" by fustakrakich · · Score: 1

    Absolutely. Elected officials should be making the rules, not appointed ones. The FCC is there to enforce the laws that congress writes. They can't go around making their own rules. If you want "net neutrality", vote for a congress that will give it to you instead constantly reelecting servants to the industry. The opportunity is ours to squander.

    *Sweep the House*

    --
    “He’s not deformed, he’s just drunk!”
    1. Re:"this was a decision better left to Congress" by Anonymous Coward · · Score: 0

      Yeah yeah, pull the other one... We've had the same problem since Nixon. You can only distinguish your politicians and the people that support them by degree, not by character.

  32. What about wallmart? or amazon? by Anonymous Coward · · Score: 0

    If you can't regulate the local parts of an interstate business what can you regulate these days? Beyond small corner shops? if you interpret this law in such a way it only takes a single cheep out of state office (always manage and handle financial transactions from the neighbouring state) and you can dodge local regs, everything will have to be federal, so what are the states for?

    1. Re:What about wallmart? or amazon? by Anonymous Coward · · Score: 0

      You are correct. This is why corporations are incorporated in Delaware, and why banks that issue credit cards "operate" in the very few states where extreme interest rates on debt are allowed.

    2. Re: What about wallmart? or amazon? by Anonymous Coward · · Score: 0

      Maybe this 'crisis' will motivate states and localities tonfinally reign in the power of the big ISPs. The last mile is almost always local. NNis just a big heavy Federal way of addressing what should be a state/local issue.

    3. Re:What about wallmart? or amazon? by Whorhay · · Score: 1

      Oh, it is so much worse than you might imagine. For decades the interstate commerce clause has been abused in some absurd contortions of the law. If I remember correctly, there was actually a case where the Feds successfully argued in court that the commerce clause allowed them to regulate a farmer who grew wheat for feeding his own livestock. The Fed argued that because the farmer grew extra wheat he then participated less in the marketplace which would include wheat from out of state, thus his farming activities had an affect on interstate commerce.

      https://en.wikipedia.org/wiki/...

  33. I thought this was the whole point by Anonymous Coward · · Score: 0

    There are a lot of people who don't seem to remember all the discussions all the way back in 2015 when this kind of FCC fiat ruling on net neutrality was first done "illegally."

    There should be laws appropriate for the internet governing the internet, not a shoe-horned in application of century old radio laws that come with loads of unintended consequences. Consider that advertising revenue in radio generally goes to the owners of the transmitter hardware, who pay the content providers a flat fee (payola notwithstanding). That's not at all how the internet works, and we're all stupid for imagining the same laws should apply to both situations.

    Congress had to know this was coming from the day Trump appointed Pai. They had a year to get their act together and pass something appropriate. Republicans have a well-earned reputation for refusing to govern unless they have no choice but to get something done (and even then, they often fail to get their act together).

    Congress should have acted back in 2015 when Obama was in office. They should have acted this year. Our legislative branch simply seems incapable of getting anything done.

  34. Re:This is why we can't have nice things by PoopJuggler · · Score: 2

    If you were as smart as you seem to think you are, you would realize that we're not limited to a single legislation, and could have NN and break up local monopolies also. If only people would stop electing terrible legislators.

  35. Because worse is better by Anonymous Coward · · Score: 0

    Worse is better, poverty is riches, more chains make you more free.... no seriously what cool-aide have you drunk that you think increasing the number of people able to filter restrain or generally mess with your entire communications stream is a good thing? telecommunications is a natural monopoly, a unregulated market will tend to shift towards local monopolies, you can only keep competition if you regulate, so how is less regulation "freedom" ?

    1. Re:Because worse is better by Anonymous Coward · · Score: 0

      "so how is less regulation "freedom""
      Wow, so unaware of the irony. Corporations cannot make you do anything. Governments can and do, thus restricting freedom. I would bet that you already have 3 internet providers. No? Home, Work(or school), and phone. wake up and smell the competition. Regulation, any regulation, just hampers competition.

    2. Re:Because worse is better by tbannist · · Score: 3, Insightful

      Wow, so unaware of the irony. Corporations cannot make you do anything. Governments can and do, thus restricting freedom.

      No, no, no. That's just wrong. Corporations can, in fact, force you do to anything but they are not legally allowed to do so. And it's the government that makes the rules that say they aren't allowed to force you to do things, unless you sign a contract and unless you are given compensation for the things you are then required to do. Without the government the corporation would be making it's own rules about what it's allowed to do, and if you think a democratic government which has to actually run elections is oppressive, you should get the chance to live under corporate rule where the corporation only has a duty to a majority of it's share holders. I doubt you'd prefer it.

      Government regulations can protect your freedoms or they take them away. This should be self-evident. Laws against murder, for example, create more freedom than they remove. Government regulation is always a trade off between freedoms.

      It's important to always look at the rules and try and figure whether the trade off is a good one. In this case, I think it is. Net Neutrality is trading away Comcast's freedom to monitor, intercept, modify, or destroy your communications, for your freedom to communicate on the internet without interference from your service provider. The government is taking away a freedom from the corporations to make a similar freedom available to the people.

      Regulation, any regulation, just hampers competition.

      I'm afraid not. The most obvious example that this claim is false is every regulation that curbs anti-competitive practices. Those regulations increase competition by disallowing behaviour that undermines competition.

      --
      Fanatically anti-fanatical
  36. Re:This is why we can't have nice things by ravenshrike · · Score: 1

    So what you're saying is that back when the internet was orders of magnitude less complex and carried orders of magnitude less information at an orders of magnitude slower speed and went over POTS copper it was cheaper? REALLY? I never would have guessed.

  37. Ill educated? Paid? Automated? by Anonymous Coward · · Score: 0

    Don't be too hasty to assume they are honest, remember a vote for our corporate [bot herding overlords/paymasters] is a vote for FREEDOM. Calm rebuttals to prevent them from drowning out thought out posters is necessary either way though.

  38. Re:This is why we can't have nice things by Anonymous Coward · · Score: 0

    Bullshit. NN does absofuckinglutely nothing to address the real issue, namely local monopolies. ...

    This is true, but NN is still important.

    Cities that are large enough should be able to plumb the last mile, likely by biding out the work, but it would be theirs. Then everyone has a fiber drop in their house to deliver all data services.

    If you want to setup cities, towns, etc to a private internet, just copy how the big businesses do it. Campuses are linked up via fiber backbones or over VPN links. Internal sites can be reached directly and the rest of the universe through one of the proxy servers.

    Of course a better way would just be to carve up IPV6 addresses for the neutral cities and have dedicated fiber between them. Basically you create an alliance and control all the links so that NN is enforced. (Of course such an alliance requires last mile rights, though wifi and such can partly work around that.) Perhaps a union of cooperatives like is used sometimes for electric. Sure you have to connect to the rest of the Internet at various points, but the part the alliance controls is safe.

    There are endless variations. The parent poster is right that the last mile is the simplest starting point, but citizens if they organize are not at the mercy of corporations. We need less whining and more action.

    Sadly, the best time for action is at the beginning. Elect people who support basic rights such as network neutrality and last mile rights, and if they don't exist run yourselves. The good thing is you can start at any time. It just takes awhile to catchup.

  39. Re:This is why we can't have nice things by slimjim8094 · · Score: 1

    That would be a better solution, there's no question, but surely you agree that'd take time especially given all the examples of Comcast et al suing to block municipal fiber? In the meantime why not have common-sense rules preventing the worst of the monopolistic excesses?

    --
    I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
  40. Re: Hillary Clinton Loves the Internet by Anonymous Coward · · Score: 0

    Hillary Clinton was just as beholden to big telecom as the Rs.

    It's so sad that the dems are so desperate that they feel the need to use this puff issue for their partisan benefit.

  41. Re:This is why we can't have nice things by Zero__Kelvin · · Score: 1

    I can certainly see why you would want to trade your "kingdom" for some brains.

    --
    Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
  42. Re:This is why we can't have nice things by Anonymous Coward · · Score: 1

    Congress fixing that poorly outdated law is the proper course of action instead of the FCC overstepping their authority and ignoring the courts.

    This. Net neutrality is a pretty major deal: reclassifying companies and how they are regulated should not be up to five bureaucrats. It should be up to Congress: let the bureaucrats enforce net neutrality after Congress mandates it.

    Besides, I would love to see Ajit Pai squirm as he has to decide between disobeying Congress, disobeying his corporate masters, or doing the one honorable thing for a scumbag like him, resign.

  43. Re:This is why we can't have nice things by fustakrakich · · Score: 2

    If only people would stop electing terrible legislators.

    Can't have that. The voters are helpless little angels and can only do what the TV tells them. Because, you know, like, democracy is hard, and the glittery money dazzles. I mean, they all want laws passed, but they never offer up anybody who will make an honest effort of it. Apparently, it's supposed to happen automagically, even as they reelect the same old crooks into office.

    Now watch the magic!

    --
    “He’s not deformed, he’s just drunk!”
  44. Did you also think the Patriot act was patriotic? by hairyfeet · · Score: 1

    Protip...Congress likes to name bills the OPPOSITE of what they actually do. All this changes does is revert things to the way they were in the long ago time of...2015 while removing ISPs from the same regs that were used to justify the AT&T wiretaps. All those "ZOMFG they are gonna kill the nets!" FUD? Yeah there are already multiple federal laws preventing that already on the books.

    But hey don't listen to me or anybody else's opinion on the subject why don't you actually read the bill? Raise your hands how many of you actually read the bill you are screaming to save versus how many of you are just parroting what you heard some talking head say? the same talking heads that I might remind you said HRC wasn't a crook while she smashed her phones with a hammer to destroy evidence and bought the DNC and the superdelegates to make sure Bernie couldn't win, said there was WMDs in Iraq despite there being ample evidence that wasn't the case, and again sang the praises of PATRIOT? Think for yourself people, don't just believe what you are told!

    --
    ACs don't waste your time replying, your posts are never seen by me.
  45. Re:This is why we can't have nice things by nevermindme · · Score: 1

    The internet is no more complex than it was 20 years ago, it is just bigger and moves more data per second...more complex absolutely not. Still just alot of ICMP, TCP, UDP on the same old ports Bit less trusting of BGP announcements yes....not complex. Buffers are repetitively the same size, MTU and MSS have not changed one bit. Data is more encrypted stronger and more of it rides on generic port 443 but the internet is no more complex. Honestly it is simpler that routers are not 6000W 300 pound beasts anymore. That carriers demark/hand off on only about 3 media types at this point. Telex and other vendor have meet-me rooms at every major telecomunications hub in the world. You want an alternative software defined network, it is about 4 clicks and a credit card away. The SKU count in my spares bay is 1/100th of what it was 10 years ago. I never see another media converter or a tap with a wall wart power supply. Inside the corporate firewall is complex, with QOS but everything just works if some thought is given to design and automation. Never had the frustration level with todays networks like I had with faxservers, multilink and dialup.

  46. Re:This is why we can't have nice things by Anonymous Coward · · Score: 0

    If you were as smart as you seem to think you are, you would recognize that the voters never have good choices.

    And no, there is nothing that the voters can do to produce good choices. It is not a problem solved at any level.

    Voting is a popularity contest. This must be plainly obvious. The majority of voters represent the lowest common denominator of human wisdom. They collectively have the loudest voice, and they are easily manipulated by the shenanigans of corrupt politicians. You can't enlighten them all. It is impossible.

    And even if you could somehow make all people suddenly smarter and more responsible, it is the nature of power to attract evil people. A good man cannot obtain political power because he is readily defeated by the underhanded tactics of his moral inferiors.

    And even if good men somehow obtain power, it isn't long at all before they are corrupted by it. It is how human neurology works. Being in a position of power causes hardware changes in the brain, driving a person to perceive fellow power-holders as contemporaries deserving of respect, and ALL others as nothing more than a means to an end.

    You can't change these aspects of human psychology, they evolved over millions of years. It's how we work. We are stuck with it.

  47. Re:This is why we can't have nice things by Anonymous Coward · · Score: 0

    Do you want more Trump? Because this is how you get more Trump.

  48. Pai should be Ambassador to Cuba! by Anonymous Coward · · Score: 0

    That's right, Pai is so great, that the Orange One should make him Ambassador to Cuba, they have a lovely embassy.

  49. We won't block, we won't throttle by DarkMagician07 · · Score: 1

    But that doesn't mean we won't prioritize someone else over you.

    I could care less if they don't block and don't throttle, but they will still prioritize those that pay ahead of all others. That's part of the problem. Paid prioritization is just as bad as throttling the other guys. If someone searches a video and it's glitchy because the version on YouTube is faster, then they accomplish the same goal.

    The *ONLY* exception to prioritization should be life saving services. E911 calls should be given priority on all networks that carry VoIP. Telemedicine should also be given priority. As should traffic from first responders in an emergency situation.

    However, that's where it should end. There shouldn't be a reason that HBO can deliver 4k content without buffering from time to time, yet Showtime can't. There's no reason I should be able to watch an NFL game on Amazon and have it look, sound, seem better than the same game on Twitter (unless of course they have insufficient bandwidth on their end, then that's up to them to fix as a part of doing business).

  50. Re:This is why we can't have nice things by truedfx · · Score: 1

    In what way did the FCC ignore the courts?

  51. Re:This is why we can't have nice things by Uberbah · · Score: 1

    Bullshit. NN does absofuckinglutely nothing to address the real issue, namely local monopolies. You want to solve the problem, get legislation passed that eliminates anti-last mile legislation, blocks municipal exclusivity agreements

    Eh. Market consolidation will naturally lead to a handful of providers - or just one - in a market. Any market. Thus the bargain of exclusivity for the company in return from regulation from the municipality.

    The only alternatives are heavy-handed regulation or making the internet a utility owned by the public. Both of which tend to be opposed by the short of people who complain about exclusivity agreements.

  52. Re:This is why we can't have nice things by Memnos · · Score: 1

    Sorry, but that's like saying the human genome isn't complex because it's just four nucleic acids, like in the old days. Maybe at the layer you worry about it's just like always, but there are quite a few complex optimizations, translations, and application-layer standards, that if they do what they're meant to do, are transparent to most. Doesn't mean they don't exist.

    --
    I don't trust atoms -- they make up stuff.
  53. Re:This is why we can't have nice things by Anonymous Coward · · Score: 1

    The courts shut down the FCC regulating ISP's around 2005, claiming they did not have the authority to do so. In response, the FCC attempted to change the legal definition of what an ISP is until they could regulate. They failed in 2008 but succeeded in 2012. Then three years later Obama encouraged the FCC to go around congressional authority to impose new legal doctrine and voila! the Net Neutrality regulations that were just repealed. The vote was put to table within the FCC on the same grounds that caused the 2005 court ruling.

    All these events that are recent history which have been conveniently ignored in the discussion of Net Neutrality. The FCC never had authority to do what they did but the gears of government are very slow.

  54. Re:Did you also think the Patriot act was patrioti by Miles_O'Toole · · Score: 1

    We already have enough conservative trolls devaluing this site. Wouldn't you be happier over at Breitbart, where your nonsense is accepted uncritically?

    --
    Only two things are infinite, the universe and human stupidity, and I'm not sure about the former.
  55. Tell me again by silentcoder · · Score: 1

    how all lawmakers are exactly the same on every issue.

    Go on, say it.

    I dare you.

    --
    Unicode killed the ASCII-art *
  56. Re: This is why we can't have nice things by silentcoder · · Score: 1

    Your mistake is to think that regulations are anything other than law and order to ensure civility.

    That's exactly what they are, so by your own definition, this IS part of government's job. Just because the particular type of laws are specialized to deal some unique circumstances that don't really exist with individuals doesn't make them any less about maintaining order and civility.

    You can poison somebody, maybe a few if you are very good at getting away with it. A corporation can poison millions of people in a day for about a penny each and consider it well worth while, all while shielded by limited liability laws (which to be fair, may actually have some merit and could indeed be as claimed much more good than bad). That's a unique circumstance - so we make specialized laws for that circumstance.

    If I have a complaint about regulation it's that it tends to go in the opposite direction of where it should: we shouldn't have less regulation, we should make the punishment for violating existing regulations much, much harsher.
    The principle of equality before the law demands that, if a company does anything bad, it's CEO should face the same punishment I would face for doing the same thing - multiplied by the much larger number of victims.

    When every CEO who dumps toxic waste in a river gets the same death penalty (or life in prison) I would get if I poisoned you - nobody will dump toxins in a river.
    The problem with regulation is that it, all too often, allows the CEO to get away with a fine for crimes that you and I would get a lifetime in prison or even executed for.
    That problem however cannot be fixed with deregulation - it can only be fixed by making the punishment for violating regulations much, much harder so it's in line with criminal law.

    --
    Unicode killed the ASCII-art *
  57. libs love regulation by Anonymous Coward · · Score: 0

    why do liberals love everyone controlling their lives? Are ya'll help less? Why do you want communism? The free market will take care of everything! one company throttles, someone will come provide it non throttled. I don't get liberals and their love for regulation. you really don't understand how free markets operate.

    1. Re: libs love regulation by PoopJuggler · · Score: 1

      Maybe that works in Fairyland where there's no corruption in government, but in America there's no such thing as a free market.

  58. Re: This is why we can't have nice things by Anonymous Coward · · Score: 0

    Pai was an Obama appointee, dipshit.

  59. Capitalism Trumps Bad Law by DirkDaring · · Score: 0

    Is your ISP throttling your traffic from Netflix? Then call and bitch them out! You think they will still do it if 100k people are calling to complain? If they keep doing it, leave them for another company that isn't full of assholes.

    If Dish network lowered the quality of your ESPN from HD to standard def, and told ESPN they have to pay up to broadcast back to HD - would you are one bit about what they told ESPN? NO - you would be calling Dish and bitching them out to fix your HD quality or you would leave for another company. This is no different.

    And don't give me BS about only one provider in your area. Thats exactly what leads to more providers coming in - the appeal of offering a better service.

    Capitalism works, this law was nothing more than Liberals wanting to control free speech.

    1. Re:Capitalism Trumps Bad Law by burtosis · · Score: 2

      Yea, why didn't I think of this switching to a competitor idea? I have Comcast but there is a second competitor here, xfinity. I'll call up Comcast and tell them they better straighten up or I'm going to switch.

    2. Re:Capitalism Trumps Bad Law by cmdr_klarg · · Score: 1

      Capitalism works, this law was nothing more than Liberals wanting to control free speech.

      You had a point up until you blamed Liberals, at which point you showed your true colors as a blinder-wearing Conservative.

      The phrase that applies to this issue (and most any other issue) is this: Follow The Money. In other words, blame the assholes that will make money hand over fist due to the issue.

      --
      THE SOFTWARE, IT NO WORKY!!!
    3. Re:Capitalism Trumps Bad Law by Anonymous Coward · · Score: 0

      You simply cannot live in the USA. 90% of the USA have one or two internet providers. This is an extremely well known fact.

      Hell it's taken 20 years for ANY competition to come to my rural town where most people just don't get internet because they don't want to spend $200+ on a slow line. All because my state has outlawed municipal networks shortly after the best rated network in the whole country started in Chattanooga.

  60. Re:This is why we can't have nice things by pots · · Score: 1

    The law was written so that it would stay current. The mechanism by which it accomplishes this is the empowerment of a panel of experts to evaluate each situation as it comes along and create rules which will uphold the law in that situation. Sometimes they get this wrong, as the FCC did in 2010, and the court will void their rules for failing to uphold the law as required. Sometimes they get it right, as the FCC did in 2015, and the court will validate their rules for successfully upholding the law.

  61. Re:This is why we can't have nice things by Anonymous Coward · · Score: 0

    Market consolidation works as long as the dissatisfaction with the market leader is less than the cost of entry to a potential competitor.

    Now, think of how much most people hate Comcast. In many regions, that hatred would outweigh any economic hurdles to competition. However, most of Comcast's power is not from the costs of establishing an ISP, but from exclusivity deals with the local government. The hatred toward Comcast is not yet sufficient to convince enough honest citizens to run for local (and state) government and change the exclusivity deals.

    You know the dissatisfaction is critical when honest citizens become honest lawyers to fight in that field. It's a rare and somewhat disturbing event, which Comcast has been mostly able to avoid so far.

  62. Re:Attorney General Eric Schneiderman by DutchSter · · Score: 1

    It's funny how just now people are starting to care about bogus comments to NPMs. It's not new and both sides do it. The thing of it is though it doesn't really matter. While the APA requires public comment to be solicited it does not require the agency to weigh it.

    It's not like voting for American Idol where the agency has to count how many people are for and against something and proceed accordingly. So long as the agency summarizes the distinct arguments (of which there might only be 10 or 12 among 100,000 comments) and somehow considers them it has more or less fulfilled its obligation under the APA. Assuming the APA is otherwise complied with one must prove abuse of discretion which is a pretty high bar.

    If it were a popularity contest the ATF never would have gotten rule 41 put in place a few years ago. The comments were significantly weighed against the proposal and the final rule only gave scant consideration to the points raised in the comments.

    But hey, give the current administration credit. At least they're seeking public comment on rulemakings rather than simply issuing "guidance" that more or less acts like a rule without going through the rulemaking process.

  63. For the people, by the people, etc by torkus · · Score: 1

    Good thing corporations are legally people these days.

    --
    You can get rich if you own a politician, but you have to be rich to buy one in the first place.
  64. Re:This is why we can't have nice things by tbannist · · Score: 1

    We brought the Republicans in with a wave election and a mandate to repeal regulations, which is exactly what's happening. There should be dancing in the streets. Shady!!!!

    Trump has no mandate because he lost the popular vote, because around a third of Americans approve of the job he is doing, and because 75%-80% of Americans believe the country is headed in the wrong direction.

    If you agree with Lincoln that the American government should be "of the people, by the people, for the people" then you must reject the actions of Ajit Pai and Trump.

    --
    Fanatically anti-fanatical
  65. Re:This is why we can't have nice things by tbannist · · Score: 1

    Can't have that. The voters are helpless little angels and can only do what the TV tells them. Because, you know, like, democracy is hard, and the glittery money dazzles. I mean, they all want laws passed, but they never offer up anybody who will make an honest effort of it. Apparently, it's supposed to happen automagically, even as they reelect the same old crooks into office.

    It would help if 94% of the congressional districts weren't rigged to favour one of the candidates. Gerrymandering is a cancer on American democracy.

    --
    Fanatically anti-fanatical
  66. Re:This is why we can't have nice things by Anonymous Coward · · Score: 0

    Fuck you, asshole. You dickheads voted for that orange-haired, pussy-grabbing, racist, bigoted, loud-mouthed piece of SHIT, then he goes appointing all these fuckstains like Ajit Pai, who then sets about to fuck everything up. You, Trump, Ajit Pai, and the rest of the lot can eat shit and die. Meanwhile some people in our government, who actually have their heads screwed on straight, are trying to prevent weasels like Ajit Pai from destroying the Internet. So how about you have a nice big steaming mug of shut the fuck up?

    So sorry! I've been smoking weed again, and it messes with the efficacy of my medication that is supposed to keep me from being a total fucking idiot. Sorry everyone!

  67. Re:Attorney General Eric Schneiderman by tbannist · · Score: 1

    But hey, give the current administration credit. At least they're seeking public comment on rulemakings rather than simply issuing "guidance" that more or less acts like a rule without going through the rulemaking process.

    Um, it's pretty clear they weren't seeking public comment, but merely going through the motions to make it look like they are. And they pretty much had to do that, because they couldn't issue "guidance" that contradicts the classification system, and really I think the whole point is to make sure that customers do not have standing to sue Comcast and Verizon when they start violating the network neutrality rules.

    --
    Fanatically anti-fanatical
  68. Re: This is why we can't have nice things by Brockmire · · Score: 1

    What the fuck are you quoting and what the fuck with the dates? 5 years is up. Oh, Wikipedia. Well, maybe this is what you should have quoted, In January 2017, President Donald Trump designated Pai as FCC Chairman.[3][4] In March 2017, Trump announced that he would renominate Pai to serve another five-year term (remaining Chairman of the FCC).[5] Pai was confirmed by the U.S. Senate for an additional five-year term on October 2, 2017.[6] Before his appointment to the FCC, Pai held positions with the Department of Justice, the United States Senate, the FCC's Office of General Counsel, and Verizon Communications. Jesus Christ, so many jobs is such little time? Reminds me of the Curb your Enthusiasm where everyone hands off their shitty assistant to some unsuspecting mark. Mitch McConnell you asshole!

  69. Re: This is why we can't have nice things by Brockmire · · Score: 1

    Yes, totally the same. OS updates didn't get bigger and more frequent, no streaming services come out, no p2p bit torrent like protocol, no higher quality songs, and definitely no billions of fuckbook daily visitors, higher encryption standards, record setting DDoS attacks, etc. And we still use basic CPUs that pass 5Mbps of 802.11b in hardware, and no, nothing like 40-100 Gbps hardware. Nope, nothing changed. Shit should be cheaper, right? I mean, things only get easier, right?

  70. Re:Attorney General Eric Schneiderman by Anonymous Coward · · Score: 0

    You keep whining about the number of comments from fraudulent accounts and art the same time winning that your number of copypasta was ignored. fortunately the law its very clear that the content of the comments must be addressed, not the number, so the number of fake names sending spam has absolutely no impact on rulemaking, just like your cut and paste off the EFF letter.

    This is a tempest in a teacup.

  71. Let me fix that for you by Anonymous Coward · · Score: 0

    Democrats Are Fighting For Net Neutrality

    Your welcome.

  72. Lipservice by sdinfoserv · · Score: 1

    This is nothing more that lip service trying to appease public rage, knowing full well citizens have less attention span than a 2 year old. They know Humpty-Trumpty will perform some even more egregious act, diverting attention and none of them will have to give back the $101 Million our "representatives" pocketed from the communications cabal.
    https://www.theverge.com/2017/...
    Bottom line is the leaches and oligarchy want NN dead, it will stay dead because we the people no longer matter.

  73. Re:This is why we can't have nice things by i286NiNJA · · Score: 1

    If they could make the internet better they have had plenty of networks they could do it with. They still could make ISPnetPremium but they don't.

    The existence of an open internet defeats the price collusion schemes that make these networks profitable.

  74. Re:This is why we can't have nice things by Anonymous Coward · · Score: 0

    lol - someone's been triggered.

  75. CONTROL by Anonymous Coward · · Score: 0

    The big companies and government want their control back again.

    If the U.S. Congress are working towards something, then everybody else should be against it. When has congress in recent years actually ever done anything FOR us?

  76. Public interest... by martinfb · · Score: 1

    No private entity should have any control over services that are public infrastructure-supporting.

    Not electricity.
    Not roadways.
    And not telecommunications or internet.

    --


    Self-importance and self-indulgence is the root of ALL evil.
  77. Re:This is why we can't have nice things by sabri · · Score: 1

    If you were as smart as you seem to think you are, you would realize that we're not limited to a single legislation, and could have NN and break up local monopolies also.

    Yes, we can. But I have a fundamental issue with NN: it infringes on the property rights of the network owner. If I build a network, small or large, and I pay for the routers, switches, transmission and operations, I should be able to do whatever I want with it. My network, my rules. And my customers can vote with their feet.

    Which if course, is the part where the breakup of monopolies comes in.

    If only people would stop electing terrible legislators.

    That, we totally agree on. Just look at our Supreme Leader (and yes, I know he is the head of the EB, but still signs laws so he is also part of the LB).

    --
    I'm not a complete idiot... Some parts are missing.
  78. Re:Did you also think the Patriot act was patrioti by hairyfeet · · Score: 1

    Just like an SJW, all you can do is insult and cry...should I call you a wahmbulance? You mad bro? I provide the federal statutes, what do YOU provide? Oh yeah "wah his reality is breaking "my truth" he isn't respecting my political narrative, waah!"

    Maybe this is more to your liking?

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    ACs don't waste your time replying, your posts are never seen by me.
  79. Re:This is why we can't have nice things by fustakrakich · · Score: 1

    Nope. People in the new districts can still vote for anybody on the ballot. It is still their choice to stay with the devil they know. No more excuses!

    --
    “He’s not deformed, he’s just drunk!”
  80. Re:Attorney General Eric Schneiderman by fafalone · · Score: 1

    I didn't say it had to be weighed like a vote, just that it had to be conducted. You should let the NY AG know that you're such an expert on whether massive uninvestigated criminal fraud matters in the commenting and he's filing a frivolous suit without merit.
    And while abuse of discretion is absolutely a high bar, if there's ever an action that meets it this is it. If this doesn't qualify then the concept is meaningless.
    Finally, they weren't really seeking public comment at all. Pai made it crystal clear the decision was made and was final before commenting even started. All the "novel legal arguments" in the world wouldn't have changed his mind no matter how valid they were. He made a mockery of the public commenting just like he laughs at and dismisses everyone and every argument against repeal.

  81. Re:Why is this so misunderstood?- Nobody reads ToS by Anonymous Coward · · Score: 0

    ToS are another way that ISPs screw with the 'open' internet. Server prohibition. Impropriety clauses (where the ISP reserves the right to be the judge, jury, and censor of anything it deems 'improper').

  82. Re:This is why we can't have nice things by dkman · · Score: 1

    Yes, we can. But I have a fundamental issue with NN: it infringes on the property rights of the network owner. If I build a network, small or large, and I pay for the routers, switches, transmission and operations, I should be able to do whatever I want with it. My network, my rules. And my customers can vote with their feet.

    No, you don't.
    Your local monopoly awarded by some politician does not give you the right to say that I can no longer stream video unless I pay another $10 per month just because you own the router.
    I pay for an internet connection, and that's what I expect. Especially if there is little to no alternative beside you.

    If by voting with my feet you mean to sell my house and move to another neighborhood just so you can acquire the ISP there and impose your will on me again, well that doesn't fly for me. Your free market is an illusion.

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    I refuse to sign
  83. Re:This is why we can't have nice things by tbannist · · Score: 1

    It's not an excuse, it's an observation.

    As long as the political environment is this partisan and this entrenched, it will not change. In first past the post voting, voting for a candidate who likely won't win is effectively the same as voting for your least preferred candidate who does have a chance to win. Given there are actually differences between the parties that do impact the lives of many people, you will have trouble convincing people to consistently vote for a party that seems guaranteed to lose.

    Ending gerrymandering would at least ensure that candidates need to appeal to a majority of the electorate rather than just a majority of the people likely to vote in the primary.

    --
    Fanatically anti-fanatical
  84. Re:This is why we can't have nice things by fustakrakich · · Score: 1

    It's all still a matter of the voters' personal choice. There is no outside "system" to blame for that. Either they take their own initiative, or they don't. What they have now is their own making, even if by simply allowing it to happen and not lifting a finger, on the contrary, they are actively supporting it with their vote for Quid Pro Quo, yet endlessly whining about it.

    Question: Who is going to end gerrymandering for you? The judges that owe favors? Or are people going to elect somebody to change the law? Of course if the latter were to happen, "Mission Accomplished", right?

    --
    “He’s not deformed, he’s just drunk!”
  85. Re:This is why we can't have nice things by sabri · · Score: 1

    No, you don't. Your local monopoly awarded by some politician does not give you the right to say that I can no longer stream video unless I pay another $10 per month just because you own the router.

    Right, so you are going to tell me how I can configure my router that I pay for on my network that I pay for.

    That's now how private property works. My property, my rules.

    I pay for an internet connection, and that's what I expect.

    If you don't get what you pay for, you are free to sue for breach of contract. Everything after that is just contract law.

    Especially if there is little to no alternative beside you. If by voting with my feet you mean to sell my house and move to another neighborhood just so you can acquire the ISP there and impose your will on me again, well that doesn't fly for me. Your free market is an illusion.

    And this is the part that I agree with. And this is the real problem that needs to be fixed. Your obsession with "net neutrality" makes you look away from the real problem: lack of competition in the consumer broadband market.

    --
    I'm not a complete idiot... Some parts are missing.
  86. Re:This is why we can't have nice things by Green+Mountain+Bot · · Score: 1

    The courts shut down the FCC regulating ISP's around 2005, claiming they did not have the authority to do so. In response, the FCC attempted to change the legal definition of what an ISP is until they could regulate. They failed in 2008 but succeeded in 2012. Then three years later Obama encouraged the FCC to go around congressional authority to impose new legal doctrine and voila! the Net Neutrality regulations that were just repealed. The vote was put to table within the FCC on the same grounds that caused the 2005 court ruling.

    All these events that are recent history which have been conveniently ignored in the discussion of Net Neutrality. The FCC never had authority to do what they did but the gears of government are very slow.

    Interesting, but your argument was rendered moot when the courts affirmed the Net Neutrality regulations in 2015.