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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.

25 of 186 comments (clear)

  1. Congress should pass a real NN bill by Anonymous Coward · · Score: 2, Insightful

    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.

  2. Dumb question by djinn6 · · Score: 5, Insightful

    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.

    1. Re:Dumb question by lgw · · Score: 5, Interesting

      Of course it can

      Indeed. For one, Betteridge's Law of Headlines fails us. The FCC might have been over-reaching their congress-assigned power when the attempted net neutrality, and it was certainly in their power to stop doing that. But that was without any law to back them up. In fact, that was one reason libertarian opponents were worried about the whole thing - it seemed like such an extra-legal extension of their charter.

      Pass an actual law, though? Totally different situation. Then the FCC would be unquestionably justified in enforcing that law, without the specter of unelected bureaucrats deciding how ISPs work.

      Of course - the same is true about abortion. There's still nothing in the Constitution that remotely protects that right, total fabrication by the court to reflect the changing views of Americans. But not that long ago we had a pro-choice President, Senate, and House - where was the law protecting "a woman's right to choose"? Total lack of courage for a law that was certain to pass, and would end the worry about Justices that love the constitution overturning Roe v Wade.

      tldr: do your damn job, Congress.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    2. Re:Dumb question by Registered+Coward+v2 · · Score: 2

      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.

      The key is to build bipartisan support for the effort. either side wants an ISP to decide how good the connection is to their site; the specter of an ISP deciding to slow down sites with "wrong" POVs should motivate all to unite for net neutrality; as should the potential for a political opponent to buy preferred access. All this talk about "rights" and "how the net should operate" is mere noise compared to a threat to a politician's reelection.get them to see a threat to their existence and to start counting votes.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    3. Re:Dumb question by ShanghaiBill · · Score: 5, Insightful

      But not that long ago we had a pro-choice President, Senate, and House - where was the law protecting "a woman's right to choose"?

      Both parties prefer to keep abortion as a wedge issue.

      The wedge helps Republicans to get poor social conservatives to vote for tax cuts for the rich.

      It helps Democrats to win over suburban soccer moms who may agree with the Republicans on economic issues.

    4. Re:Dumb question by interkin3tic · · Score: 3, Interesting

      Of course it can. Congress created the FCC, so it can make whatever law it wants to override FCC's decision

      Couldn't Comcast then sue the government claiming it violates the rule of JOBSJOBSJOBS and then see the ruling get overturned by the conservative judges the GOP is filling the judiciary up with?

      The GOP and corporations have been playing a long game to weaken the government, and they're aware they might not hold onto power forever, they're not stupid.

    5. Re:Dumb question by fafalone · · Score: 5, Informative

      There's still nothing in the Constitution that remotely protects that right, total fabrication by the court to reflect the changing views of Americans.

      The Constitution explicitly says enumerated rights are not meant to interfere with other rights retained by the people. Think about all our other non-enumerated rights; the right to vote, the right to privacy in the bedroom, the right to travel, and the right to certain medical decisions over our own body... are you really suggesting that the government has the authority to ban all of those outright, because we only have the rights explicitly mentioned? Ultra-authoritarianism is all the rage these days huh?

    6. Re:Dumb question by lgw · · Score: 2

      Classifying ISPs a Title II common carriers is just the wrong approach, IMO. Just make the last mile a public utility. Just do that - it's that simple. Then ISPs have no natural monopolies and the market will work just fine to sort out any nonsense.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    7. Re:Dumb question by lgw · · Score: 2

      There is no right to privacy in the Constitution. But there really needs to be, and not just in the bedroom. Good thing there is a means to amend the Constitution. I remember when we used to use that.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    8. Re:Dumb question by Boronx · · Score: 2

      That's a nice false choice between a straw man and just giving in to corporate control.

      OTOH, opponents of Net Neutrality seem to think it means giving FCC control of internet access. It's a clue that they don't know what they are talking about.

    9. Re:Dumb question by sound+vision · · Score: 2

      This is exactly the kind of thing the amendment process should be used for, when advances in technology start taking away rights that were previously not threatened to the same extent (and thus didn't need to be enumerated.) But in the past hundred years, the process has mostly been used or proposed for irrelevant BS (Prohibition, banning gay marriage) that, even if they were good ideas, belong in the US Code and not the Constitution.

  3. FCC is Admin branch; Congress is legislative? by mystik · · Score: 4, Informative

    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?
    1. Re: FCC is Admin branch; Congress is legislative? by MachineShedFred · · Score: 2

      Yes.

      The administrative branch (usually) executes the laws Congress passes, as long as they are constitutional. The FCC, like all other pieces of the administration, derive their authority from duly passed legislation. Should the congress pass new laws (signed by the President, or with a veto override), the FCC must comply absent a court order from a Federal judge saying otherwise.

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
    2. Re:FCC is Admin branch; Congress is legislative? by Actually,+I+do+RTFA · · Score: 5, Informative

      It doesn't need a law - actually a function of the Congressional Review Act. Basically, the Congress can pass a joint resolution that the regulation isn't the correct interpretation on the law and it's legally overturned.

      --
      Your ad here. Ask me how!
    3. Re: FCC is Admin branch; Congress is legislative? by kenh · · Score: 2

      WTFis the "Administrative Branch" - all there is are the Legislative (Congress, both House & Senate), Judicial (Court - SCOTUS & other courts), and Executive (President)... The FCC is part of the EXECUTIVE Branch.

      --
      Ken
  4. Overturn? No. by arth1 · · Score: 4, Interesting

    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.

  5. Re:We need 100% net neutrality, not 43%. by Opportunist · · Score: 5, Informative

    I give you the same answer I gave you before: Try this and watch Facebook, Twitter et al move abroad where you cannot control them. To them it does not matter where they offer their service, Facebook is just as useful to the average US citizen if it hailed from Iceland or the Philippines instead of the US. An ISP in Norway is kinda useless if you live in Albuquerque.

    Also, if I don't like Facebook, Twitter, Reddit and so on, I can simply use the internet without even touching them. Now please tell me how to do this without an ISP. Note that most Americans can't simply move to another ISP because their ISP got the de facto monopoly, usually state sponsored.

    So please excuse me if I say that these problems are not even remotely comparable.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  6. Evan Greer lives in a fantasy by El+Cubano · · Score: 4, Insightful

    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:

    • Implementation of Obamacare
    • Attempted repeal of Obamacare
    • Failure to implement meaningful immigration reform
    • Supporting or not supporting the Trans-Pacific Partnership
    • Support or opposition for Trump appointees
    • etc.

    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.

  7. Can we get real net neutrality? by guruevi · · Score: 2

    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
  8. No - Presidential veto by Tolvor · · Score: 4, Interesting

    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.

  9. Speaking of dumb... by fyngyrz · · Score: 2

    All that is needed is 5 justices agreeing with a state law that life begins at conception, or some point very soon thereafter.

    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.
  10. Re: We need 100% net neutrality, not 43%. by Narcocide · · Score: 2

    That is a lie. They already pay an ISP for bandwidth. All it did was prevent double-dipping charges.

  11. Yes. by kenh · · Score: 2

    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
  12. Re:Obama Poson by geekoid · · Score: 2

    Money, doesn't not, and never has, win an election. Votes win an election., money is an excuse to make people feel like they have no power, so the become apathetic and don't participate.

    If it was money, their would be no need for gerrymandering.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  13. Re: We need 100% net neutrality, not 43%. by Opportunist · · Score: 2

    I don't give a fuck about companies, what I care about is how it affects me and other users of services. But maybe you can elaborate how I "hijack it with lies", I'd really love to know where I lied.

    I know it's a common strategy to derail a conversation with "oh you lie" when you run out of arguments, without bothering to specify what the lie supposedly is, in an attempt to discredit the other side without having to provide any argument (because there essentially is none), but that won't be your tactic here, will it?

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.