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Can the FCC's 'Net Neutrality' Decision Be Overturned in Congress? (newsweek.com)
"Cancel the funeral and get ready to fight: Net neutrality is far from dead," argues Evan Greer, the campaign director for the pro-net neutrality group Fight for the Future in Newsweek:
Our elected officials in Congress have the power to reverse what is swiftly becoming one of the U.S. government's most unpopular decisions ever. And if they don't, they'll pay for it come election season... 26 senators have already signed on to a Resolution of Disapproval under the Congressional Review Act (CRA), a vehicle to overturn the FCC's net neutrality repeal with a simple majority vote in both the Senate and House. [UPDATE: 28 Senators have now co-sponsored the resolution]. It's not going to be easy, but it's increasingly within reach with Democrats in lock step against the FCC rollback and half a dozen Republicans already publicly criticizing the move.
Outside of Washington, DC, net neutrality is not a partisan issue. Voters from across the political spectrum overwhelmingly agree that they don't want their cable companies controlling where they get news, how they stream music and videos, or which apps they use to pay for things, get directions, or communicate with friends and family. Comcast, Verizon, and AT&T poured money into misleading advertisements, ghost written op-eds, and astroturf campaigns, to fool customers into thinking that they would voluntarily abide by the principles of net neutrality... But after all of that, they've completely failed to build any real grassroots support for their attack on net neutrality, from the left or the right. And every member of Congress knows that. 75 percent of Republican voters support the net neutrality protections the FCC just slashed... No matter how hard they try, telecom lobbyists will just never convince a meaningful number of Republican voters that killing net neutrality, and ending the internet as a free market of ideas, is a good thing. And that's what gives us a unique chance to get our normally gridlocked Congress to take action and overrule the FCC's politically toxic order.
Lawmakers in every state have been getting hammered for months with millions of phone calls, emails, protests, constituent meetings, media requests, and pressure from small businesses at volumes that just never happen. Net neutrality is becoming one of the most talked about political issues in recent human history... The FCC did something that a supermajority of people in this country oppose. Our elected officials have to decide whether to rubber stamp that betrayal or overturn it. The internet makes the impossible possible. If we harness our anger and direct it strategically, we can get the votes we need to restore the net neutrality protections that should never have been taken away in the first place. Any lawmaker who refuses to listen to their constituents will have to go on the record right before an election as having voted against the free and open web. They would be wise not to underestimate the internet's power to hold them accountable.
Outside of Washington, DC, net neutrality is not a partisan issue. Voters from across the political spectrum overwhelmingly agree that they don't want their cable companies controlling where they get news, how they stream music and videos, or which apps they use to pay for things, get directions, or communicate with friends and family. Comcast, Verizon, and AT&T poured money into misleading advertisements, ghost written op-eds, and astroturf campaigns, to fool customers into thinking that they would voluntarily abide by the principles of net neutrality... But after all of that, they've completely failed to build any real grassroots support for their attack on net neutrality, from the left or the right. And every member of Congress knows that. 75 percent of Republican voters support the net neutrality protections the FCC just slashed... No matter how hard they try, telecom lobbyists will just never convince a meaningful number of Republican voters that killing net neutrality, and ending the internet as a free market of ideas, is a good thing. And that's what gives us a unique chance to get our normally gridlocked Congress to take action and overrule the FCC's politically toxic order.
Lawmakers in every state have been getting hammered for months with millions of phone calls, emails, protests, constituent meetings, media requests, and pressure from small businesses at volumes that just never happen. Net neutrality is becoming one of the most talked about political issues in recent human history... The FCC did something that a supermajority of people in this country oppose. Our elected officials have to decide whether to rubber stamp that betrayal or overturn it. The internet makes the impossible possible. If we harness our anger and direct it strategically, we can get the votes we need to restore the net neutrality protections that should never have been taken away in the first place. Any lawmaker who refuses to listen to their constituents will have to go on the record right before an election as having voted against the free and open web. They would be wise not to underestimate the internet's power to hold them accountable.
But they can disband the FCC.
Tax cuts and gut regulatory agencies!
Iâ(TM)m as Pro net-Neutrality as anyone however Title II was the wrong solution. Pass a real bill in Congress that focuses on filtering and throttling without Title II garbage.
Can the FCC's 'Net Neutrality' Decision Be Overturned in Congress?
Of course it can. Congress created the FCC, so it can make whatever law it wants to override FCC's decision. Will it is a better question.
Isn't this a basic US Government question?
The FCC's operates under the Administrative branch, and it's charter was created by an act of congress in 1934. The net neutrality repeal is just a application of it's authority to make rules, not laws.
Congress can enact laws to direct it's behavior, so long as those laws are constitutional. Which, I imagine would be a pretty straightforward application of the interstate commerce clause?
Why aren't you encrypting your e-mail?
Congress can certainly pass law that makes the net neutrality decision illegal going forward, and thus FCC must replace it. That's not overturning it, though.
The problem is that congress has turned into a binary partisan farce where votes are cast not based on what the congressman thinks, but whether it opposes the adversary. So it won't happen. There's really no way out of this quagmire either, from within the system itself.
The 2018 midterms are going to see a major shift from R back to D. That will make it easier to pass such a law, because even though a few R support NN, this is more of a party line vote than not. most D were supporting NN and most R were opposing.
Wait until after midterms.
Sure.
The problem with the 2015 approach is that it only covered the bottom 3 of the 7 layers of the OSI model of modern networking. So neutrality only applied to about 43% of the layers.
What we need is 100% net neutrality, all the way up to the Application layer, where social media platforms like Facebook, Twitter, Reddit, Hacker News, and even Slashdot would be classified.
Social media platforms like those aren't really any different from ISPs, conceptually. Both are just conduits for getting information from a sender to one or more receivers. ISPs transmit IP packets between computers. Social media platforms transmit ideas in the form of comments and submissions between people.
When we transmit data via an ISP, we should expect it to be delivered to the destination in a neutral manner, irrespective of its content.
The same standard should apply for social media providers. When we transmit an idea through a social media platform, we should expect it to be delivered to any and all recipients in a neutral manner, irrespective of what this particular idea is.
The main result is that platforms like Facebook, Twitter, Reddit, and Slashdot could no longer censor, hide, or delete any comments, submissions or other content that are otherwise legal.
It also means that such platforms could no longer censor users acting in a legal manner by banning, shadow-banning, or silencing them.
The 43% "net neutrality" of the 2015 approach is nearly useless as it ignores the partiality that we see at higher layers within the network.
We can only have true net neutrality when neutrality is guaranteed for all 7 layers of the OSI model. We need 100% net neutrality, not the 43% net neutrality of the failed 2015 approach.
How about instead of this giveaway to LEOs and incumbents (do you really want CALEA to apply to the internet?) we demand real net neutrality instead.
But the Potus can choose to not enforce the rules and laws that Congress ratifies. This is how the sitting president Obama was allowed to ignore the borders of the United States against the will of Congress and the People of the United States. It is also why it is ridiculous for Congress to waste time with health care reform. The president can choose to ignore any laws that the previous government enacted. This is in a similar but different way in which only Congress can ratify a treaty with another country, but the president is free to make any agreement with any power she or he desires.
This is called the separation of powers. It is completely opposite what the founders of the country meant by separation of powers, but we all know the founders of the republic were evil white genocidal racist.
And how is that different from US elections themselves?
File under 'M' for 'Manic ranting'
Congres does what people will pay it to do. On an issue that the public won't care one way or the other enough to turn an election this is strictly a quid pro quo issue for congressmen. Perhaps a few, like Rush Holt, will truly have some passion in these issues but to get enough to pass a bill without horse trading one other issues requires cash on the barrelhead. Netflix and google are not going to do that even if they offer sympathetic public faces because in the end they know they are now big enough that they will benefit from it not be harmed.
Some drink at the fountain of knowledge. Others just gargle.
First, as several others have already pointed out, Congress can make any law it likes, subject to judicial review. So, they can make a law that requires the FCC to implement net neutrality, just like there are laws requiring all sorts of federal agencies to do specific things.
Second, this line is a real gem:
Our elected officials in Congress have the power to reverse what is swiftly becoming one of the U.S. government's most unpopular decisions ever. And if they don't, they'll pay for it come election season (emphasis added)
This statement makes it clear that Evan Greer is unwilling to accept reality. Please name one elected official that "paid for" their action or inaction on any of the following issues:
The system in the US has become one that so long as a politician adheres to a particular ideology, the voters who adhere to the same ideology will support the politician and those who oppose the ideology will oppose the politician. This is largely the case even in the face if criminal or other behavior which should make someone unsuited for public office.
Look at how many people still voted for Roy Moore in Alabama. Or how many people immediately called for the resignation or removal of a politician or high profile figure of an opposing political party while being silent or slow to speak out against those in their own party.
It is all a complete a mess and believing that net neutrality will be the thing that gets people to put aside their political apathy and vote some bums out of office is beyond laughable.
Internet freedom is one of those few issues that effects everyone and is bi-partisan. As long as an issue effects both the 1% and the 99%, you can almost guarantee that it will be bi-partisan. Some multi-billion dollar companies stand to take a hit from a lack of net neutrality so you can bet your ass this one will be the hot topic of next year's legislation efforts. And, of course, Donald Trump will tout it as some sort of victory - even though he appointed Ajit Pai to overturn net neutrality. Wow, America is supremely fucked!
That fact that someone even thought to question this makes me realize just how fucking dumb people are with government. Of bloody fucking course congress can do this. In fact, by the enumerated powers in the Constitution, congress is suppose to be doing this. Not a rogue independent government entity under the office of the president, which is pretty damn explicitly not named as an enumerated power of the executive branch.
Evan Greer is an example of the problem with our government. When you want something done, you violate the law and use unconstitutional methods to achieve what you want. You exploit the supreme court if you have to. You make a bunch of lawyers rich. Only when all that fails do we decide to do the things the right way....If we keep doing this (and we have been doing it for over 100 years) we are going to continue to fuck this country as it circles the shitter.
How much money does Verizon have?
Verizon probably does not have enough money to plug the hole in this dam. They ought to save their sheckles instead of investing them in a hopelessly lost cause.
You know, not Obama's version of monopoly carriers that bundle services or the post-Bell monopoly all-in-one carriers. We need to split up Spectrum, AT&T and cohorts, allow free access to any fiber/copper and poles that had government subsidies or land grabs involved (which is almost all of it) and split Internet from TV and phone carriers.
Custom electronics and digital signage for your business: www.evcircuits.com
Government agencies can only operate in the bounds that Congress sets for them. Congress can bind them however they want.
They are in the business of campaign contributions. And as you point out those contributions tend to come from the hard right or left.
It was the internet that gave us Trump!! The internet will be our downfall!
Infowars is an Alex Jones conspiracy website. Anything and everything they post is complete garbage and lies.
OK,,,now does anybody doubt there's a concerted effort by the alt right to take over the Slashdot comments section?
Fuck you and fuck whatever white supremacist organization you're a member of, you Nazi-worshipping cocksucker.
I've calculated my velocity with such exquisite precision that I have no idea where I am.
You basically said everyone agrees with you. They don't. Ask the libertarian party what their opinion on Net Neutrality is. This is an excellent move by the FCC.
The Congressional Review Act (CRA) needs to be passed in both the House and Senate, which both have Republican majorities (or to put it differently, Democrats do not have a definitive majority in either House or Senate). To get a perspective on the chances of this passing look at the 28 cosponsors of the bill NONE of which are republican. Suppose that somehow there are a few republicans do end up voting for this, then it heads to President Trump who can veto it.
Trump is the person that appointed Ajit Pai to head the FCC, and of course Trump knew that Pai would repeal net neutrality and undoubtedly they have discussed the issue in detail. Trump has praised Pai, so we know that Trump has no problems with net neutrality being repealed. It is virtually certain that if this reaches the Presidents desk, it will be vetoed.
Of course Congress can overturn a veto, with a 2/3 supermajority. While there is a slight chance in a republican congress that a simple majority can be found to overturn the repeal of net neutrality, there is *NO* chance that the hard line far-right will vote to repeal. Recent elections have purged moderate or "soft" politicians of both political parties. There aren't enough moderates to overturn a veto.
WHAT, THE FUCK MESSAGE ARE WE SENDING THE REST OF THE WORLD, WITH THIS BULLSHIT??
WHAT DOES THAT SAY ABOUT ajit pai "HIS PUPPET-NESS"
WHAT, DOES THAT SAY ABOUT trumpy
HOW MUCH IS THIS COSTING US? I MEAN NONE OF THIS BS IS FREE, RIGHT??
WITH COST, COMES COMPENSATION. WHOM IS "REALLY" BENEFITING FROM THIS?
WHATS THE DIVERSION, WHATS THE TACTIC, WHATS THE REAL AGENDA HERE trumpy?
its like an HBO series, even more convoluted that Veep.
I can see the title now "when trump rises to power", a tale of american stupidity, and the greatest political show in town.
Congress can certainly pass law that makes the net neutrality decision illegal going forward, and thus FCC must replace it. That's not overturning it, though.
The problem is that congress has turned into a binary partisan farce where votes are cast not based on what the congressman thinks, but whether it opposes the adversary. So it won't happen. There's really no way out of this quagmire either, from within the system itself.
It's pretty much overturning it though.
You're spot on about the Congress. Until voters realize that gaming the system into a two-sided duopoly that constantly gridlocks the people's business ("because of the other side").
A similar sentiment in 2015 when Obama's team instituted the net neutrality rule:
Congressional committees have launched probes to determine whether the White House exerted “improper influence” on the development of the Federal Communication Commission’s (FCC) recently approved net neutrality rule. The FCC is an independent agency headed by five commissioners, one of whom is selected by the President to be the Chairman. Critics of the approved rule argue that it noticeably deviates from initial proposals put forth by the FCC and, instead, closely aligns with the approach the President publicly outlined in November 2014. Because of this shift, and reports that the White House was involved in “thwart[ing]” the FCC in its initial proposals, the committees question whether the President has overstepped his authority in a manner that threatens the independence of the FCC. It is generally thought that because the President cannot control independent agency action, such agencies are free from presidential influence; however, news of the events at the FCC has given rise to the age-old question—just how independent are independent agencies? This two-part post examines whether there are any legal limitations that prevent the President from influencing independent agencies.
Happiness in intelligent people is the rarest thing I know.
Ernest Hemingway
It was called the Sherman Antitrust Act and the Clayton Act. Sure, they don't give the government the authority to set rates and regulate service offerings, but they forbid monopoly ISPs from blocking services, throttling competing services, or offering paid fast lanes
So what you're saying is... there's no hope at all. I agree, at least for the next 50 years or so.
There isn't a single one of those justices that wouldn't tie themselves and their clerks into a sophist knot getting 'round what the actual, obvious intent of the constitution is, much less require an actual amendment to implement legitimate change.
I've fallen off your lawn, and I can't get up.
Life, yes. But that's not the same as humanity. The grass you walk on is alive. Still, you mow it, crush it, kill it, doesn't rise to the level of any particular level of notice.
The reason that pre-birth humans matter is because - when - they're human... not because they're alive.
And humanity cannot be present prior to the development of a nervous system.
Somewhere during pregnancy there is a fuzzy line that all of us here crossed, where the nervous system formed up sufficiently, and pain and suffering and previously unrealized potential potential becomes an actual thing. That's the line to draw, if indeed one is to be drawn at all, IMHO, but you'd better check with the female half of humanity before you decide even that is a done deal.
This business of "life begins at conception" is addled nonsense. It does, sure enough, but it's completely irrelevant. Any such law is just codified stupidity.
I've fallen off your lawn, and I can't get up.
Either the people asking this question failed "basic civics 101" or the idea of overturning needs more "juice" so they're asking it kind of like a strawman: they know what the answer is, but need to gin more fear.
Either way, *I* don't think I'd listen to them. They're either stupid or manipulating you.
-Styopa
See subject: ... or I wouldn't pay them any heed (they often do what /. (news aggregations) i.e. - someone says something they SHOW it said - not 1/2 measure partial quotes, the full deal).
* I really would like to know the skinny of what I asked for so if anyone can that knows more details of it, let me know...
APK
P.S.=> IF you feel that way, you're entitled but I do truly know better... apk
Congress can certainly pass law that makes the net neutrality decision illegal going forward, and thus FCC must replace it. That's not overturning it, though.
That's what you call a distinction without a difference.
A bill, passed by Congress and signed by the President is *exactly* how Net Neutrality should have been implemented. If you remember at the time, the FCC Chairman said at the time the FCC was acting because Congress hadn't/wouldn't.
Ken
I canâ(TM)t believe how deluded this is. There is no way a republican controlled government will codify net neutrality. They will pay it lip service and maybe get a bill through Congress, but it will promptly be vetoed by El Presidente. Overriding the veto wonâ(TM)t happen because the Republican leadership really doesnâ(TM)t want any sort of level playing field.
Well yeah, you're never supposed to stop fighting for what you believe in.
and ban them if they don't play ball the way we want them to? Only instead of asking them to do help us do bad things we could make them do good things. You don't have to accept the world as a bad place. This isn't the middle ages.
Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
Of course our elected officials can overturn net neutrality – unfortunately, it’s a majority GOP and they live in a world that believes every single thing touched by Obama is poison and must be killed. Secondly, ALL of our representatives have collectively taken $101M from the communications cabal. Some of the GOP have introduced bills that even block State/Locals from implementing their own version of NN.
The sad fact is the only way to fix this is to get corporate money out of politics. Till we do, our information, resources, and people are up for grabs to the highest bidder/ lobbyist.
No, it's not a partisan fight. It's a fight to keep psycopaths in check.
Let's take, for example, the Zadroga act. Out of all the legislation I can think of, this is about as no-brainer as you can get. It's not ideological. It's just basic human compassion and decency.
Now in case you don't know what this act is, it's about providing for the first responders of 9/11, many who have become sick or died as a result to various toxic materials.The compassionate and dare I say patriotic thing to do is to pass the measure. Now due to republican shenanigans the first go around the act was limited and set to expire (and it did).
So you'd think "Hey, this is republican bread and butter here so they'll renew it". But the psychopaths won't even allow it on the floor. They said if they can find the money for it then they'll be more than happy to bring it to the floor. Kind of a piss poor response, but we are running quite a large debt so that's at least a little bit understandable. Dickish, yes. But understandable.
That was several months ago. And what did these pricks just pass? A huge fucking cash giveaway to the rich and massive amount of debt to go along with it. I bet those first responders are so happy...well actually they're beyond caring because quite a few of them have died waiting for the republican congress to act.
Partisan? That was at least a decade ago. The fight now is trying to preserve some sense of basic human decency.
~X~
No, consevative views have a well known correlation with poor education, and low intellect. Truth hurts eh?
Eyes on the prise pad'res ! What's a few more dollars pimped to AT&T / Verizon / Comcast compared to the importance of ... butchering out narco.MEX wettbakkk , Muzzi-wog infiltrators and Bantu parasites ? You wanna spank TW as crony-capitalist media ? Better to bust-balls & slap-down-hard the Rawlsian Trotsky agitprops parasiting NYT/WP/CNN/NBC etcetc media monopolies. Once drooling progressive parasites are aborted from public media, gub'mnt and academy there's plenty of time to smash-face the unproductive, greedy globalist wealthy. It's a rock-solid American fascist ansatz with lots of straight white Christian upside & opportunity to crush Bantu, Dikdyk & neo-Stalinist Boscos.
See subject: You answered 50% of what I was looking for as a verification of what I asked here https://news.slashdot.org/comments.pl?sid=11520929&cid=55796167/ & your answer probably answers the rest of it as well considering the source I got it from (InfoWars) was spot-on mirroring your statement (albeit not as technically as your answer which I do appreciate).
* Of course, my question wasn't answered since it was downmod buried by an UNIDENTIFIABLE trolling little worm (same one that alway does it to me but I was out enjoying the day so I couldn't repost to keep it visible today).
IN any event, again - thanks (great answer from you, mod him up +5 INFORMATIVE imo).
APK
P.S.=> Probably also DID have Obama's "internet kill switch" in it too that Infowars noted (kill not only internet traffic but also tv, radio etc. IF it spoke out against him & his party etc.)... apk
LMAO - InfoWars was RIGHT (you lose) & my question was answered here https://news.slashdot.org/comments.pl?sid=11520929&cid=55798409/ you miserable little projecting trolling "ne'er-do-well" worm!
* If they do net neutrality RIGHT next round (they will)? You won't be able to 'downmod hide' my posts (not that THAT matters - I have unlimited posting ability & can repost to get visible again anyway as I always do OUTSMARTING whimps like you everytime & nullifying your abused single 'weapon', lol - & you KNOW it).
APK
P.S.=> You lucky on 2 accounts whimp - 1st, if you talked to me like that in person with your lies (as I am far from fat, a cunt, or a ranting virgin (had more women than a punk like YOU ever will, that's certain & guaranteed)) we'd see "what's what" & 2nd - I was out enjoying the day here with friends so I couldn't repost (as I note how I dust dildos like you off above pre-'p.s.') - but no need to repost now - NOW I have the data I was asking for (for the most part clarified VERY technically too in the post I replied to in the link above)... apk
Pound for pound? Verizon throws itself out the window in embarrassment.
Congress merely outsourced this part of its lawmaking powers to this part of the administrative state and it can take them back at will.
But why don't we TRY this for a while. The internet had no protection as a common carrier the first two, three or so decades of its life, depending on when you want to start counting. If it's terrible, then we can change it back. It's not the end of the internet or the world.
Oh. Sorry. I forgot. Trump Derangement Syndrome.
Comment removed based on user account deletion
Make America Slow Again!
Article I, Section 1. "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."
So the big question (for silly people like me): How is an Executive Branch agency writing laws (under another name) that the Congress might consider overriding?
Not that it really matters, in post-constitutional America.
There's no time like the present. Well, the past used to be.
The same body of government that just voted the biggest tax break to the wealthy and corporations in our country's history is going to repeal a law that allows ISPs to but fuck their customers into oblivion?
I don't think you understand Republicanism.
This will happen shortly after they vote to ban the sale, possession, and use of guns or to impeach The Donald.
Why in hell would they want to upset Comcast, et al.? Comcast spends a lot of money on Congress. Congress-critters like that money.
It looks like retard APK is lashing out.
While he has had lots of women they have all been inflatable and popped.
APK doesn't have friends, he only posts unsigned as AC so it looks like he has some support.
Too bad that his english is so terrible that even when he tries to cover it up it is plainly apparent it is him.
He often laughs at his own comments much like a retard who laughs at his own jokes.
Then there is his links back to previous comments as proof of something but they are just proof that he is a retard for doing so.
I'm surprised he didn't trot out that he once play some sport in college that no one cares about.
See subject: Yes you are & I can't help it you "get down" (lol) w/ inflatable sexdolls & don't have friends & as for 'support' (that only whimps like you need as you are so inadequate on your own)? MANY QUOTED SLASHDOTTERS DISAGREE here https://science.slashdot.org/comments.pl?sid=11520831&cid=55800621/
* QUESTION: After seeing only a SMALL PARTIAL SAMPLE of real /. users alone who like, use & praise my work in the link above - HOW DOES IT TASTE EATING YOUR WORDS?
RoTfLmAo!
APK
P.S.=> ANSWER = Like YOUR FOOT IN YOUR MOUTH ramming your words back down your chicken-neck UNIDENTIFIABLE "ne'er-do-well" do-nothing throat, washed down by the BITTER TASTE of SELF-defeat - lol! apk
I'm not insulting you. I'm describing you.
I've calculated my velocity with such exquisite precision that I have no idea where I am.