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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.

26 of 215 comments (clear)

  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 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
  2. 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.

  3. 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 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.

    6. 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.
    7. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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?

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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
  14. 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!”
  15. Re:It's a Mid Term Campaign issue! by Anonymous Coward · · Score: 2, Insightful

    I think you meant "Trump bad, Hillary worse"

  16. 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.

  17. 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
  18. 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.