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Republican Lawmaker Introduces Net Neutrality Legislation (variety.com)

An anonymous reader quotes a report from Variety: Rep. Marsha Blackburn (R-Tenn.) introduced net neutrality legislation on Tuesday that prohibits internet providers from blocking and throttling content, but does not address whether ISPs can create so-called "fast lanes" of traffic for sites willing to pay for it. The legislation also would require that ISPs disclose their terms of service, and ensure that federal law preempts any state efforts to establish rules of the road for internet traffic. "A lot of our innovators are saying, 'Let's go with things we have agreement on, and other things can be addressed later,'" Blackburn told Variety. She said that she was "very hopeful" about the prospects for the legislation because "an open internet and preserving that open internet is what people want to see happen. Let's preserve it. Let's nail it down. Let's stop the ping-ponging from one FCC commission to another. This is something where the Congress should act." Blackburn chairs a House subcommittee on communications and technology.

39 of 350 comments (clear)

  1. It will get changed by thaylin · · Score: 4, Insightful

    They will keep the preemption rules and gut the rest making it so there is no NN

    --
    When you cant win, ad hominem.
    1. Re:It will get changed by pots · · Score: 2, Insightful

      They don't need to change anything, allowing fast lanes is enough to kill it. This law is scarier than what the FCC did - the GOP seems to be backpedaling on their anti-net neutrality stance lately. Rather than trying to paint neutrality as bad, they're trying to pivot into something like, "We just didn't like how it was being implemented." If they can successfully frame it in that context, and pass a law like this one which kills net neutrality while claiming to protect it, then enough people may believe them to stifle dissent.

    2. Re:It will get changed by MangoCats · · Score: 4, Insightful

      I'm missing the distinction between throttling and fast-lanes?

      Will there be a guaranteed minimum bandwidth? If not, then anyone not in the fast-lanes is effectively being throttled.

  2. Re: Ajit's head gonna explode by Anonymous Coward · · Score: 2, Informative

    Net neutrality should have been implemented via the legislative process in the first place. Anything of substance that is done by means of executive or regulatory action can be easily undone by a new administration.

  3. The right way by Anonymous Coward · · Score: 4, Insightful

    Passing a law is the right way to do it. This way we'll have a stable requirement and not some 'regulation' that can be changed at the whim of any given administration. We don't need ISP to be regulated as utilities, we simply need the right neutrality laws. If this happens, we'll all be in a better place.

    1. Re:The right way by zifn4b · · Score: 5, Insightful

      We don't need ISP to be regulated as utilities

      I disagree. The internet is a critical part of the backbone of our consumption-based economy. If there are not safe guards in place for the internet as a public utility to protect the market then we are at risk of damaging the entire economic market (possibly causing yet another recession) in order to provide special treatment to a small amount of participants namely Comcast, AT&T and Time Warner.

      This IS a public concern over the general welfare for all people and all businesses the same as clean drinking water and electricity is. It must be protected to provide for the general welfare of everyone not just a few special interests.

      --
      We'll make great pets
    2. Re:The right way by dehachel12 · · Score: 2, Insightful

      > clean drinking water
      Some people disagree on this. Usually people with a lot of money.

    3. Re:The right way by Solandri · · Score: 5, Insightful

      "The Internet" does not need to be regulated as a utility. Heck, "the Internet" shouldn't be regulated at all. None of the reasons you give justify making Internet service a utility. In fact, contrary to your rationale, the reason that there are so few participants is entirely the fault of local governments awarding local monopolies to a select few companies.

      The cable carrying information into your house should be regulated as a utility. This covers cable TV, phone service, Internet service. It should be regulated not because of the Internet or TV channels or phone services. It should be regulated because the lines for these services have to pass through public easements, and it's in The Public's best interest to have as few physical lines as possible on telephone poles, in underground easements, and leading up to their home. The optimal solution to this problem is a single line leading to each home which carries all these services.

      As such the contract to install and maintain this line should be awarded to a single company, which due to its monopolistic nature should be regulated as a utility and prohibited from providing service over the line. Companies wishing to provide service, be it Internet, TV channels, phone service, alarm monitoring, or whatever future information transmission application (holovision, smellovision, whatever), should all be allowed to transmit that information over that line for a fixed, regulated fee, but the company maintaining the line is prohibited from providing any of these services so there is no conflict of interest. This is how we do electric, gas, and long distance phone service. One company maintains all the lines and pipes in an area, but you can buy your electricity, gas, and long distance phone service from hundreds if not thousands of different suppliers.

      The fact that (1) there will be a monopoly contract to maintain the line to each home, and (2) that line will pass through public easements is enough to justify regulating it as a utility.

    4. Re:The right way by dcw3 · · Score: 2

      "We don't need ISP to be regulated as utilities"

      Unless there is a fair competitive marketplace you do need regulation. Currently, you can't start a business and run fiber to peoples homes. The only competition is satellite, which most don't find acceptable due to latency, and 4G, which doesn't cut it. More than 50 million homes have only a single broadband provider available. So these are local monopolies w/o competition. They are virtual utilities and need to be regulated as such.

      --
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    5. Re:The right way by PopeRatzo · · Score: 2

      The Internet grew from a research network to the economic powerhouse it is today precisely because it was free and very lightly regulated.

      And now it's regulated by Comcast.

      --
      You are welcome on my lawn.
    6. Re:The right way by MangoCats · · Score: 3, Insightful

      ISPs are the new interstate highway system. I don't think the progress in commerce since Eisenhower was attributable to the toll roads that are a part of our highway system, it was the free access high speed long distance arteries.

    7. Re:The right way by thinkwaitfast · · Score: 2

      Instant gratification doesn't work with a 3 second delay.

    8. Re:The right way by Dragonslicer · · Score: 2

      Passing a law is the right way to do it. This way we'll have a stable requirement and not some 'regulation' that can be changed at the whim of any given administration. We don't need ISP to be regulated as utilities, we simply need the right neutrality laws. If this happens, we'll all be in a better place.

      Regulations can't be "changed at [a] whim". There's a well-defined process that an agency must follow before changing existing regulations (this has been in the news a few times this year, when agencies tried reversing policies from the previous administration without following the process defined by Congress).

      It's not even a completely unreasonable argument to say that it's easier for Congress to repeal a law than it is for an executive agency to change a regulation.

    9. Re: The right way by Jesus+H+Rolle · · Score: 2

      Choose the one that helps you win the argument.

  4. It'll never pass. by Nutria · · Score: 4, Insightful

    Let's go with things we have agreement on, and other things can be addressed later is too rational, and Democrats will block it because it was introduced by a Republican.

    --
    "I don't know, therefore Aliens" Wafflebox1
    1. Re:It'll never pass. by Anonymous Coward · · Score: 2, Insightful

      No, the democrats will block it because it's a carefully tailored smokescreen. Look who is introducing this bill and her history in regards to the internet and ISPs.

      It supposedly outlaws throttling and blocking, but allows for "fast lanes". That isn't net neutrality.

  5. Our ISP's best buddy by sasparillascott · · Score: 5, Informative

    This lady introduced the bill in the Senate that blew away the Internet privacy protections from our ISP's (so they couldn't monitor, catalog and monetize what you do on the internet) - which was the 1st thing the Trump Admin did after getting into office. I believe her state is the home of some big ISP. I.E. this is something the big ISP's want.

    The process was, the FCC (led by former Verizon corporate lawyer Ajit Pai) throws away the Net Neutrality - causing fear and some panic. Marsha and the other lobbied Republican members of congress ride to the rescue with new "Net Neutrality" legislation - which is anything but. And gets us maybe a little ways back towards Net Neutrality, but outlaws states doing their own Net Neutrality etc. (biggest threats to this huge new profit center for Comcast), they declare victory and we're screwed.

    This needs to be blocked and let the FCC's recent changes get slapped down in court.

    1. Re: Our ISP's best buddy by kenh · · Score: 2

      Why would the FCC rollback of FCC regulations be 'slapped down' in court?

      The Net Neutrality regulations implemented less than 2 years ago were done outside of the legislative branch, the regulations did not originate in Congress and were not signed into law by the President.

      --
      Ken
  6. Re:Fast lanes are okay, with a caveat... by mwvdlee · · Score: 5, Insightful

    Then government also shouldn't make it artificially hard, or even impossible, for other providers to offer competing services, which is what they are doing now.

    If Acme ISP is the only providers that is legally allowed to operate in your neighborhood, then government should butt in to ensure they don't abuse their government-provided artificial monopoly.

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  7. Re:Fast lanes are okay, with a caveat... by dehachel12 · · Score: 2

    >government interference.
    not always a bad thing. https://en.wikipedia.org/wiki/...

  8. Fake Net Neutrality according to dslreports by Anonymous Coward · · Score: 5, Informative

    http://www.dslreports.com/shownews/Tennessee-Rep-Marsha-Blackburn-Unveils-Fake-Net-Neutrality-Law-140921

    Enter Marsha Blackburn, who for years has rubber stamped every whim of sector giants like AT&T and Comcast.

    Blackburn has consistently fought against net neutrality. She has also vigorously defended protectionist state laws, written by companies like AT&T and Verizon, that restrict towns and cities from building their own broadband infrastructure (or in some cases striking public/private partnerships). Even in locations these incumbent ISPs refuse to serve (such as her home state of Tennessee, one of the least connected states in the nation). Such laws have one function: protecting incumbent ISP revenues from consumers tired of entrenched duopolies.

    Yet now she insists her Open Internet Preservation Act (pdf) will help protect the open internet, despite the fact it blatantly ignores all manner of potential violations, from zero rating and interconnection to paid prioritization deals. The bill also attempts to pre-empt state efforts to protect net neutrality, since again, the real goal is to prevent tougher rules -- not protect consumers.

  9. Re:Fast lanes are okay, with a caveat... by jbmartin6 · · Score: 2

    I agree the "fast lane" is a non-issue. The fast lane already exists, it is called money. As in money for faster network links, faster servers, faster CDNs, and colocation agreements.

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  10. Re:Fast lanes are okay, with a caveat... by zifn4b · · Score: 5, Insightful

    Here we go again. Trying to tell people how to run their companies, and whom they can do business with.

    Absolutely no. We are supporting a level playing field for all businesses to have the same opportunities to grow and thrive not just the few people that had cash to buy politicians to create legal precedent for their special interest.

    --
    We'll make great pets
  11. Throttling vs Fast Lanes? by BlueCoder · · Score: 2

    Someone please define what they are thinking. How can you not throttle and yet have fast lanes?

    I'm thinking this is just double speak and is sponsored by the broadband companies in order to block state legislation.

    I'm not against certain efforts to add priority levels to internet traffic like specifically for playing games but it would have to be paid by customers to the ISP's.

  12. Re:Hold hearings by Megol · · Score: 2

    Hmmm .... just heard on the radio that "net neutrality" might hurt the porn industry. . . that could be worth some votes.

    Ah, that would explain why Ted Cruz is against it.

  13. Don't trust her... by The-Forge · · Score: 4, Informative

    Don't trust Blackburn. It's already leaking out that Comcast's lawyers are the ones writing this legislation. https://motherboard.vice.com/en_us/article/qvw8k5/comcast-fcc-net-neutrality-law

  14. Re: Fast lanes are okay, with a caveat... by kenh · · Score: 3, Interesting

    Then government also shouldn't make it artificially hard, or even impossible, for other providers to offer competing services, which is what they are doing now.

    Try to differentiate between local government and the federal government - it is your local government that awarded cable companies and telcos monopolies on providing service in an area to encourage them to invest in infrastructure to provide those services.

    If Acme ISP is the only providers that is legally allowed to operate in your neighborhood, then government should butt in to ensure they don't abuse their government-provided artificial monopoly.

    A regulation that prohibits blocking or throttling of any traffic is fine, few would object to that regulation.

    Allowing Netflix to pay my isp to zero rate their traffic does nothing to speed up or slow down competitors traffic, it is purely a billing/accounting issue.

    Allowing Netflix to park a caching server at my ISPs head office to provide better service to Netflix customers does nothing to speed up or slow down competitors traffic.

    Depending on the implementation, allowing Netflix to pay for 'priority' service could lead to effectively throttling competitors service, but it would also throttle every other service equally as the priority service 'steals' available bandwidth from all other services.

    --
    Ken
  15. Oh, GOP... by Somebody+Is+Using+My · · Score: 4, Insightful

    The Republican party is in a bad place. After a disastrous year, they are desperate for a win... any win. It's why they are pushing so strongly for the tax bill, even though many of them recognize how terribly flawed it is - not only from an social and economic perspective, but also from a political one: the tax plan will cost them votes. But, they fear, not having passed any significant legislation will cost them more. So we get the this tax plan.

    And yet, here we have a perfect opportunity for them to pass some major legislation that would not only be incredibly popular (some 70% of the country support Net Neutrality) but would be fairly easy to get through Congress. It has support on both sides of the aisle. It wouldn't even require much work: just enshrine the already-written pre-Ajit Pai rules as law. It is quite possible that they could have gotten this law passed in mere days.

    The Republican party would have been seen as working for the people, standing up against huge telecoms, and able to work and lead the country as a whole rather than satisfying a small base. It would have been a home-run, a Christmas Miracle. It would have been that desperately needed success the GOP has been selling its soul for.

    And then they go and do this.

    Oh, GOP.

    1. Re:Oh, GOP... by Somebody+Is+Using+My · · Score: 2
      Actually, I think the point of my post was that the Republicans could have gotten an easy win - that people on both sides of the aisle would have supported them - if they had simply reversed the recent FCC rulings back to where we were at the end of 2016.

      Would it have been self-serving? Yes, in the sense that politicians need to win the favor of voters. Would I have been thrilled it was a Republican bill? No, because the GOP would use this victory as proof they had the mandate of the people and probably would try to force other, more unpalatable policies down this country's throat. But would I have opposed it simply because it was a Republican bill? No, because ultimately a reversal to the Tom Wheeler rules - imperfect as they were - would be far, far better than where we are now.

      And given that the vast majority of the American electorate is appalled by the changes made by Ajit Pai, I think that this is the case for most Americans.

      This was an incredible opportunity for the Republican party... and they missed it. Again.

  16. Re:Keep the bad parts by nucrash · · Score: 3, Informative

    You would think so, but reality is often far more convoluted than theory. Theories are nice and clean until you start building in exceptions. This is no different that a program. You code based on a simple function, but as you add features, exceptions, business logic, and error handling; your code becomes this monstrosity where you begin to wonder what the original intent was in the first place.

    Net Neutrality is in the same way not as clear cut as you might think. That's not to say that I am not in favor of Net Neutrality. I am. Yet there are some things that clearly benefit from lower latency such as voice communications or video to video conversations or even remotely controlling devices from afar. Even electronic gaming and our own stock market would pay for a lower level ping if given the opportunity.

    --
    Place something witty here
  17. Solving governemnt overeach with more rules. by jellomizer · · Score: 2

    The biggest issues that the GOP had with Net Neutrality is it goes against their idea of having government control over business.
    However we are starting to see what I expected to see. 1 simple to follow rule being overturned being replaced with many complicated rules.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  18. She's just trying to keep her job by damn_registrars · · Score: 2

    She voted with all her GOP colleagues on the deeply unpopular tax bill, and now she's trying to show that she cares about her constituents - rather than just her owners. We'll see if this is enough to keep her in her seat come November.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
  19. fast lanes exist and always have by banbeans · · Score: 2

    Even with the fcc rules fast lanes existed.
    Google paid for fiber directly into the larger isps backbones. The bought dark fiber than pay to have it terminated at the isps major and some not so major pops.
    Netflix paid to have cache boxes installed and fiber directly to comcast.
    Many of the acceleration and distribution networks pay for cache boxes and have direct fiber connections to all the large pops of even the midsize isp networks.
    The FCC ruling did not change that at all.

  20. The only regs needed on this by laurencetux · · Score: 3, Interesting

    1 whenever there is not a signed SLA in effect and as a minimum an ISP must provide not less than 75% of advertised speed/bandwidth 90% of the time or better (so if you advertise up to 20MPS speed 90% of the time all of your users should have not less than 15MPS available all the way to the next peer)

    2 any bandwidth shaping or service restrictions must be part of a signed and notarized contract (copies to be on file in the local office and original STAMPED copy to be on file at the corporate office).

    3 any ISP that owns directly or indirectly any content service may only promote said content as part of a "bonus"
    where any future charges for said service must require an affirmative action on the part of the client to begin (any free %service% package must automatically cancel at the end of the promo period unless the client performs a clear action like checking a box on a physical bill or checking a box in an electronically presented bill)

  21. Re:"Fast lanes" == throttling by bluefoxlucid · · Score: 2

    In order to implement "fast lanes", an ISP must throttle non-"fast lane" packets, which is a negation of net neutrality.

    Comcast sells you 20Mbit, 50Mbit, or a 200Mbit connection. Then they have that Boost thing, so you start downloading a file and grab the first 100MB at like 500Mbit/s.

    I imagine it'd be like that: you never get less than your baseline service, and they can't throttle a particular service (netflix, google, etc.) below your baseline service. 200Mbit means you get 200Mbit to Google, to Netflix, to Spotify, to everything; getting more doesn't violate your contract.

    Of course, I imagine things being done in a way that makes sense, and the GOP has shown they have no sense.

  22. Again by XSportSeeker · · Score: 2

    There is only one single thing needed in the law, proposal, act or regulation that is absolutely necessary, you can write it down, and only accept when it’s included there: Internet Service Providers are forbidden by law from discriminating types of data that goes through their services. Period.

    It is this simple. Nothing open to interpretation, no double speak, no pretense.

    If this is not explicitly there in the proposal, it’s bullshit. In this particular case it’s at best fluff... everything she is proposing there is already guaranteed. At worst, it could be opening an opportunity for anyone to block or reduce access to whatever they consider unlawful content, unlawful Internet traffic and “harmful devices”... it’s broad and clearly has some second intentions embedded there.

    By the way, get ready people... you can bet that with the corporation friendly environment that this administration has created, SOPA will come back full force. This bullshit Open Internet Preservation Act might be the start of it.

  23. deluded anarchist by Tenebrousedge · · Score: 2

    We get it, you're an anarchist who doesn't believe in market failures. That others are resistant to your lies is unsurprising.

    --
    Those who advocate genocide deserve every protection afforded by law, and none afforded by common human decency.
  24. Re: Keep the bad parts by gfxguy · · Score: 2

    No, because you've got it backwards. Netflix isn't "pushing" anything - neither is slashdot. The customers of Netflix are pulling content, and those customers are also ALREADY PAYING their providers for bandwidth. Those providers shouldn't be able to charge Netflix for the bandwidth the provider's customers are already paying for.

    I think the root of this thread has it wrong, though. If a provider is providing the speeds it claims, then Netflix should have no problems playing. Outside of that, if the provider wants to provide "fast" (or "faster") lanes for an upcharge, then I really have no problem with that as long as providers are providing the speeds they advertise to their customers.

    --
    Stupid sexy Flanders.
  25. Re:Keep the bad parts by rahvin112 · · Score: 2

    The NN regulations were extremely light handed, they expressly permitted QOS and packet inspection and threw in a huge waiver and about network maintenance. What the regulations did was give the government a way to intervene of an ISP or backbone provider was discriminating on package based on the service they provide. For example, providing not interference with video streaming when it originates with the ISP's own service and slowing down and deprioritizing video packets from other providers.

    These regulations were implemented because Verizon, ATT and Comcast had begun to give services they controlled better access, eliminated caps and other prioritization that made their own provided service better and degraded others. The biggest example being Comcast's games with Netflix early on. Without NN these same people will block any upstart streaming provider from providing good service. They will do this to try to eliminate competition to a product they offer.

    This is the heart of NN, ISP's and backbones deciding the winners and losers in internet provided business. Once they gain that power they gain the ability to toll these independent services and that will effect everyone using the network.