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Leading Lobbying Group for Amazon, Facebook, Google and Other Tech Giants is Joining the Legal Battle To Restore Net Neutrality (recode.net)

A leading lobbying group for Amazon, Facebook, Google, Netflix, Twitter and other tech giants said Friday that it would be joining the coming legal crusade to restore the U.S. government's net neutrality rules. From a report: The Washington, D.C.-based Internet Association specifically plans to join a lawsuit as an intervening party, aiding the challenge to FCC Chairman Ajit Pai's vote in December to repeal regulations that required internet providers like AT&T and Comcast to treat all web traffic equally, its leader confirmed to Recode. Technically, the Internet Association isn't filing its own lawsuit. That task will fall to companies like Etsy, public advocates like Free Press and state attorneys general, all of which plan to contend they are most directly harmed by Pai's decision, as Recode first reported this week. As an intervener, though, the Internet Association still will play a crucial role, filing legal arguments in the coming case. And in formally participating, tech giants will have the right to appeal a judge's decision later if Silicon Valley comes out on the losing end. "The final version of Chairman Pai's rule, as expected, dismantles popular net neutrality protections for consumers," said the group's chief, Michael Beckerman, in a statement. "This rule defies the will of a bipartisan majority of Americans and fails to preserve a free and open internet."

77 comments

  1. Re: Lawyers fighting for more laws... by Anonymous Coward · · Score: 0

    This gave me an erection

  2. Re:Lawyers fighting for more laws... by Anonymous Coward · · Score: 1

    Too many laws may be a problem, but it is not solved by eliminating the good ones.

  3. The user is going to pay in any case by Anonymous Coward · · Score: 0

    The fact is that infrastructure needs to be updated. ISPs want content providers to pay so your Netflix, etc bill goes up. content providers what the ISP to pay so your internet bill goes up. Either way the bill is going up. I would prefer the government agency that controls what words are allowed on television not be involved in regulating the internet.

    1. Re:The user is going to pay in any case by Anonymous Coward · · Score: 0

      Either way the bill is going up.

      you made me have a sad

    2. Re:The user is going to pay in any case by omnichad · · Score: 1

      Either way the bill is going up

      But not because they didn't have the spare profit margin. But because it's made national news and everyone knows it costs money.

      I would prefer the government agency that controls what words are allowed on television not be involved in regulating the internet.

      Spectrum is limited. When it was divided up Americans agreed that it was in the public interest to have content that was acceptable to most Americans. What you might call censorship is really just selection - encouraging content providers to produce what people want. If this wasn't what Americans wanted, there would be more of a push to change that. And there are so many alternate sources for content, I don't see any reason why it needs to change.

      However, the FCC is really better suited for the technical aspects. If there actually was another agency that was a better fit, I'm sure they'd love to delegate it.

    3. Re:The user is going to pay in any case by DickBreath · · Score: 4, Insightful

      I agree that we all will pay for the necessary network infrastructure.

      I strongly disagree about getting rid of net neutrality. We NEED net neutrality. A neutral internet is what allows it to become the global economic engine that it is. Now ISPs want to erect troll booths and non neutral traffic.

      Suppose AT&T goes to Netflix and strikes up an ugly smoke-filled back room deal where Netflix pays AT&T so that Netflix customers on AT&T get "zero rated" or "preferred" or whatever you want to call it. This increases Netflix's cost. That cost will go to ALL Netflix customers even Netflix customers who use Verizon instead of AT&T. Thus Netflix customers on Verizon are now subsidizing the improved service of Netflix customers on AT&T -- while those Netflix-Verizon customers continue to have the poorer service.

      So now HBO strikes up a deal with Verizon so HBO gets "zero rated" service on Verizon. Similarly HBO customers using AT&T are now subsidizing HBO-Verizon customers.

      How about this: BAN this practice. If the ISP needs to build more infrastructure to handle Netflix, then CHARGE ME THE CUSTOMER for how much internet bandwidth I use. I'm going to pay for it anyway. But make it simple. Make it fair. Stop making some users subsidize other users.

      There is no such thing as "building fast lanes". That is just a euphemism for building SLOW lanes. If an ISP is building out its infrastructure, then that ISP's customers should pay for what they are using that requires that infrastructure.

      Finally, this "fast lanes" approach also helps cement in the established players while making it difficult for new entrants into the market. Suppose a new obscure specialized video service emerged. One whose content is mostly about the mating practices of obese new jersey millennials. The small subscriber base for this particular video service may not be powerful enough to strike a crooked back room deal with AT&T, thus resulting in it getting unfair treatment -- even though their end subscribers pay the same local ISP bill as everyone else.

      --

      I'll see your senator, and I'll raise you two judges.
    4. Re:The user is going to pay in any case by Anonymous Coward · · Score: 0

      How about ISPs go out of business then? It is their for profit endeavor why should the government tell them how to route traffic. ISPs are going to offer the services people want to pay for. If you think internet is so important that it needs to be a public utility then lobby for that. Personally I don't think the internet offers much public benefit.

    5. Re: The user is going to pay in any case by Anonymous Coward · · Score: 0

      Your last sentence proves you shouldn't even be discussing this situation. If you truly believe
      The internet is not a public good and the good it has done, well then I don't know what else to tell you...keep watching cat videos I guess. To each his own.

    6. Re:The user is going to pay in any case by Anonymous Coward · · Score: 0

      Agreed. But where is Apple and Tim Cook on this? I would like to see them be more outspoken about supporting neutrality.

  4. Free and open internet!? What BULLSHIT by Anonymous Coward · · Score: 0

    Amazon, Facebook and Google, especially, have all worked to STOP free and open expression on the internet. We're not talking about blocking people on their own services but actively trying to block certain voices from hosting web services AT ALL.

    It's always fascinating how slashdot and its liberal readers will rail against big tech and wall street, evil corporationy groups as teh evil peoples out to oppress the free peoples of the world - until they suddenly sign-up, en-masse for the leftist cause du-jour and then they're heroes to the people?

    A curious individual might question the motives behind these *cough* content producing companies *cough* and whether their motives are noble for a "free and open" internet of if they just don't want to pay more for the infrastructure they're using.

  5. Only Winners Are the Lawyers by RobotRunAmok · · Score: 1

    It's a giant legal circle-jerk. Those filing the suit get to thump their chest, pose as The Great People's Champions of... something, tweet aphorisms, and pump up their resumes. The FCC, meanwhile, quietly warns the other side's lawyers to go away lest they be taunted further...

  6. Re:Lawyers fighting for more laws... by Anonymous Coward · · Score: 3, Insightful

    The quantity of laws and regulations is only an issue for know-nothings and demagogues. This issue is their quality, and that must be assessed on an individual basis.

  7. Re:Try not through the FCC ffs by omnichad · · Score: 1

    The FCC did it for phones, who would you put in charge of inter-state communications technology practices?

    Also no more of "up to speeds of 300mbts", they should not be allowed to advertise burst speeds, but only the steady state download speeds.

    It was never just burst speeds. It was also in the absence of congestion at the first hop node (still inside of the last mile). There is no reason not to oversell bandwidth, provided you'll get relatively close most of the time. It only becomes a problem if you will usually not or never get the advertised speed. The same as it's OK that there isn't a 1:1 correlation between cell tower capacity and registered phones. If everyone dials 911 at the same time, calls will be dropped.

  8. Personally I would much rather have competition by Solandri · · Score: 2, Insightful

    My workplace only has Verizon (now Frontier) as a choice for Internet. They are charging $35/mo for 768 kbps down / 128 kbps up DSL, $50/mo for 1.5 Mbps down / 256 kbps up, and it isn't even very reliable. My home Internet (Cox-only area) is $90/mo for 200 Mbps down / 10 Mbps up. Frankly I don't need 200 Mbps down, but could use more than 10 Mbps up (for when I VPN into my home network). Net neutrality doesn't fix ISPs charging you an arm and a leg because they have a government-granted monopoly in your area.

    An AT&T rep knocked on my door a couple weeks ago to announce they were rolling out fiber to my area, and were expecting pricing to be around $45/mo. Competition fixes both abusive pricing and throttling. If my ISP decides to throttle Netflix for not paying them, and I have a choice of ISPs, all I have to do is switch ISPs to one which doesn't throttle Netflix. The problem net neutrality is trying to solve is entirely caused by these government-granted cable/phone monopolies. (AT&T is only able to offer broadband in my area because they're the local phone monopoly.)

    So I would rather have the solution which eliminates both artificial throttling and abusing pricing - competition. The gas and power utilities even provide the model for doing this. You hire a company to build and maintain the distribution wires or pipes going to each home. That company is paid to maintain those lines/pipes, but is prohibited from selling service (gas, electricity, Internet) over them. Instead, they sell access rights to those lines/pipes (at a fixed price regulated by a Public Utilities Commission) to other companies which provide the service. This lets hundreds or even thousands of companies compete against each other to sell you gas, electricity, or Internet service. Thus insuring anyone trying to price gouge you or degrade your service as part of their petty extortion schemes simply puts themselves out of business.

    1. Re:Personally I would much rather have competition by ASCIIxTended · · Score: 2

      This works in my area. I'm in a fairly rural area in Washington State, but still have 12mbps DSL, 120mbps cable, two wireless providers (45mbps) and fiber (up to 1gbps). The fiber is provided by the local power authority on their power poles, but our fiber isp is a different company. We have 12 fiber isp's we can choose from, all with different plans and speeds.

      --
      I do not belong to the church of the lowercase 'i'
    2. Re:Personally I would much rather have competition by Anonymous Coward · · Score: 0

      That company is paid to maintain those lines/pipes, but is prohibited from selling service (gas, electricity, Internet) over them. Instead, they sell access rights to those lines/pipes (at a fixed price regulated by a Public Utilities Commission) to other companies which provide the service.

      The limit to this, which may not be hard to solve with a little attention, is that pipes and internet access are very different things. In part because internet access did not have an initial monopoly controlling it, there are many different standards for access, and each has different strengths and weaknesses.
      The 200/10 connection you have at home is a cable modem, use the significant bandwidth of a cable TV line one way, and the very miniscule bandwidth reserved for control communications the other way. You mentioned that your workplace uses DSL, and AT&T is planning fiber-optic. All different technologies, and nowhere near interchangeable.
      So, either the line maintainer is involved in all phone and cable purchases, all those options are outlawed in favor of one connection standard, or some other means of regulation, but it will take some intentional effort to resolve. I do not intend to imply that it is an insurmountable challenge, just that it needs attention and I haven't heard or read a good solution yet.

    3. Re:Personally I would much rather have competition by microbox · · Score: 1

      The problem net neutrality is trying to solve is entirely caused by these government-granted cable/phone monopolies.

      Bullpucky. The problem is the barriers to entry (for the last mile).

      --

      Like all pain, suffering is a signal that something isn't right
    4. Re:Personally I would much rather have competition by dgatwood · · Score: 1

      An AT&T rep knocked on my door a couple weeks ago to announce they were rolling out fiber to my area, and were expecting pricing to be around $45/mo. Competition fixes both abusive pricing and throttling.

      Only for the first few months while they're still actively trying to recruit customers from the other guy. After a while, a duopoly still settles down and becomes approximately the same as a monopoly, because everybody wants to provide the minimum amount of service they can get away with for as much money as they can get away with.

      In practice, healthy competition in a market is inversely proportional to the barriers to entry into that market. The only way you can ever have any meaningful competition in an industry is to make it cheaper for new competitors to enter the market. In this market, there's one huge barrier to entry, and it isn't the government-granted "monopoly" (which is really just a license that can easily be extended to additional companies, and frequently is).

      If my ISP decides to throttle Netflix for not paying them, and I have a choice of ISPs, all I have to do is switch ISPs to one which doesn't throttle Netflix. The problem net neutrality is trying to solve is entirely caused by these government-granted cable/phone monopolies.

      Actually, you only think that because you haven't run the numbers. It typically takes on the order of a decade to break even on new wire infrastructure, and the more players in the game, the longer that takes. Given that all the infrastructure will typically need to be replaced with something entirely new about every twenty years, that means you can't usefully have more than about two players unless you are in an area with significantly higher than average population density, and from an efficiency perspective, the optimal number of wire providers is exactly one, because that allows you to either charge half as much money or till your extra income into infrastructure upgrades over time.

      Thus, if you want any real competition, and if you want good pricing for your service, there's only one way to achieve it: create a non-profit to maintain your wire infrastructure, and allow arbitrary companies to lease that infrastructure to provide Internet service. By separating the service provider from the wire provider, you make it possible for anybody willing to pay for a trunk line and a router in a wiring closet to become an ISP in a given community. Once the barrier to entry for new ISPs gets that low, the ISPs constantly have to fight to keep their customers, and the consumer wins.

      Anything short of that approach is doomed to fail.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    5. Re:Personally I would much rather have competition by Anonymous Coward · · Score: 0

      I live a few kilometers north of Redmond. The fastest I can get is 7.7Mbs down 3/4 Mbs up. I could go Comcast but my rate would triple. In actuality, I get 6Mbs down on a really good day. My better half just started using Netflix and while bingeing, I have to run only local applications since the Frontier router will reboot itself if you try and get sustained throughput. Hell, I can kill the wireless part of my home network just running a slide show off of my NAS.

    6. Re:Personally I would much rather have competition by Actually,+I+do+RTFA · · Score: 1

      I'd rather a nonprofit, regulated duopoly (or even monopoly), thanks. There's no reason I can see why that should be inferior to competition. Just increase the required speeds that they have to perform from time to time.

      --
      Your ad here. Ask me how!
    7. Re:Personally I would much rather have competition by Anonymous Coward · · Score: 0

      The problem net neutrality is trying to solve is entirely caused by these government-granted cable/phone monopolies.

      Bullpucky. The problem is the barriers to entry (for the last mile).

      Which is a government ban on competition for existing players in most areas. That was the price offered up to get cable rolled out 30 or 40 years ago. Governments got lots of lobbying (perks, kickbacks and contributions) and signed long-term exclusive contracts granting monopolies or duopolies in most locations around the country.

      It isn't just the cost that is preventing more competition. It is the local governments.

      But a workaround is coming. There are several wireless technologies rolling out now and on the horizon that will be competitive with cable and telco internet services. Perhaps the most interesting are two planned satellite constellations that aim to provide global high speed internet coverage.

  9. Re: Lawyers fighting for more laws... by DickBreath · · Score: 1

    It shouldn't have that effect. We need as few laws and regulations as possible. But as many as necessary.

    --

    I'll see your senator, and I'll raise you two judges.
  10. What do all those companies have in common by magzteel · · Score: 1

    They are all owned by multi billionaires.
    I doubt they are lobbying to save the consumer money.

  11. So wait... by RedK · · Score: 1, Insightful

    we're all for corporate interests lobbying for laws ?

    And Google and Facebook of all places lobbying for "Neutrality" of packets, while at the same time being biased in their handling of their user generated content platforms ?

    The Slashdot crowd cheering for this really has lost it if they think any of this is in their best interest.

    --
    "Not to mention all the idiots who use words like boxen."
    Anonymous Coward on Monday August 04, @06:49PM
    1. Re:So wait... by MadCat221 · · Score: 5, Insightful

      When the interests of the public good and corporate interest align against opposite corporate interests against the public good.... Yes.

    2. Re:So wait... by RedK · · Score: 1, Insightful

      There is no public good in having more and more governement intervention in the Internet. We need even less. Remove monopolies from Telcos/Cable companies, repeal Net Neutrality rules. Let the corporations compete to give you the best and cheapest Internet.

      Forcing them to do it will only result in more and more and more rules being made, and upping the barrier of entry into the market for smaller businesses wanting to provide good Internet service.

      --
      "Not to mention all the idiots who use words like boxen."
      Anonymous Coward on Monday August 04, @06:49PM
    3. Re:So wait... by Anonymous Coward · · Score: 0

      They have nothing to gain from astroturfing here. They are for the little guy.

    4. Re:So wait... by Deathlizard · · Score: 1

      The problem is, who's the good guy? The answer is Neither. Both want money and both will find innovative ways to get it.

      I started thinking about what Pai was trying to do outside of the "Verizon shill" argument and realized that the FCC in the end only could enforce Net neutrality on one side of the data; The ISP side. They could do nothing if a content provider decided to throttle an ISP's customers in order to extort money from the ISP.

      Basically it comes down to this:

      If Comcast throttled Netflix to try to get Netflix to pay them for priority bandwidth, FCC could step in with Title II and regulate.
      If Netflix throttled Comcast to try to get Comcast to pay them for priority bandwidth, FCC couldn't do a thing because Netflix is outside of FCC control.

      By moving net neutrality enforcement to the FTC, Which has (albeit limited) regulation authority over both the ISP and the Content Provider, Net neutrality could (theoretically) be enforced better in both directions instead of just one like it currently is.

      The problem either way is this needs to be resolved by legislation drafted by congress, and it needs to be drafted in a way that enforces Net Neutrality on both the ISP and Content providers. Otherwise, say hello to Carriage Disputes for internet sites in the near future.

    5. Re:So wait... by Areyoukiddingme · · Score: 4, Insightful

      Let the corporations compete to give you the best and cheapest Internet.

      Ahahahahahaha

      Wait. You were serious... Maybe you haven't noticed, but Internet service providers in the United States have been behaving like an illegal cartel for two decades now, since the inception of the public Internet. They're not going to compete no matter how you change the rules. They don't have to, they don't want to, and because of the difficulty and expense of deploying that last mile, it's effectively a natural monopoly. Not quite as natural as water and sewer, but enough that you can expect the current behavior to always evolve, absent rules to the contrary.

      Removing all the rules does not make things better. The right rules make things better. Net Neutrality is a right and necessary rule, because competition will always be absent.

    6. Re:So wait... by microbox · · Score: 1

      There is no public good in having more and more governement intervention in the Internet.

      I'm amazed by how poorly educated people are on this stuff. Like you can say "government intervention", and rubes suck it up. The problem with "pure" competition over the last mile of infrastructure is: barriers to entry. You even know what that means? You even know that net neutrality was the de facto standard since the 1980s?

      --

      Like all pain, suffering is a signal that something isn't right
    7. Re: So wait... by Anonymous Coward · · Score: 0

      Me thinks you don't know much.

      Why would content providers cripple their own services? For what gain? There are plenty of content providers that exist. We have choices. If one throttles, we can cancel our service.

      ISP tho? No competion. Can't cancel service without a penalty, local monopolies. It's the complete opposite of content providers.

    8. Re: So wait... by RedK · · Score: 1

      Why would content providers cripple their own services? For what gain?

      Dunno, ask Netflix. They literally did what the parent was saying to AT&T and Verizon customers just 2 years ago. Also, there was that little thing about throttling Comcast to force them to provide free hosting for a "Netflix box", not to mention the throttling Cogent, Netflix's ISP, did that got blamed on Telcos and Cable providers.

      If you really think Content providers aren't up to shenanigans themselves, you're deluded. Both sides are as bad. Regulations that only apply to one side are equally as bad. If they are lobbying for it, there's good chance it's not "pro consumer".

      --
      "Not to mention all the idiots who use words like boxen."
      Anonymous Coward on Monday August 04, @06:49PM
    9. Re:So wait... by RedK · · Score: 1

      The problem with "pure" competition over the last mile of infrastructure is: barriers to entry

      Because of *drumroll*, governement granted monopolies. You know, more regulations we could repeal.

      You'll make a fine Republican someday, you're almost there!

      You even know that net neutrality was the de facto standard since the 1980s?

      You even know that the FCC regulations being repealed are from 2015 ? You even know that Clinton era regulations that we're going back to date back to 1996 ?

      It's funny you bring up 1980. You know, the days when the Internet was unregulated, in an attempt to discredit my "Don't regulate the Internet" post. You ended up solidifying my position.

      --
      "Not to mention all the idiots who use words like boxen."
      Anonymous Coward on Monday August 04, @06:49PM
    10. Re:So wait... by dgatwood · · Score: 1

      If Netflix throttled Comcast to try to get Comcast to pay them for priority bandwidth, FCC couldn't do a thing because Netflix is outside of FCC control.

      That's what we in the rural South used to call "cutting off your nose to spite your face", and is essentially the corporate equivalent of suicide.

      If Netflix throttles access to Comcast customers, the only possible results would be either A. causing more Netflix users to complain to Comcast or B. causing customers to ditch Netflix for somebody else. Even if Comcast relented, the best that they could hope to achieve would be Comcast letting Netflix stream higher-quality streams to their customers, and the only way that would realistically be a problem would be if Comcast were violating NN, meaning that they wouldn't need to do that under the rules that the FCC is currently ripping out.

      Moreover, there are better ways to achieve those same results. Netflix controls the content. They could show an interstitial ad that says, "Trouble viewing high-quality content? Call Comcast and demand that they improve their bandwidth." And unlike Netflix throttling Comcast customers, that would actually get results without causing Netflix to bleed customers.

      Basically, there's no plausible scenario where a non-ISP content provider could cause harm to an ISP by throttling data from that ISP, because every scenario would cause more harm to that non-ISP content provider than to the ISP they're targeting. The reverse isn't true. In short, the very premise you're operating under is wrong, and as a result, your conclusion is wrong.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    11. Re: So wait... by dgatwood · · Score: 1

      Why would content providers cripple their own services? For what gain?

      Dunno, ask Netflix. They literally did what the parent was saying to AT&T and Verizon customers just 2 years ago.

      Wait... are we talking about AT&T/Verizon, or are we talking about AT&T Wireless and Verizon Wireless here? They're two entirely different networks. If you think Netflix throttled their content to wired AT&T or wired Verizon, then your information is factually incorrect. Netflix did, however, deliberately limit the maximum video quality to cellular customers on those networks so that their users wouldn't pay a small fortune in data charges. After some complaints, they added controls in the app so that users on unlimited plans could opt out if they wanted to do so. That's an entirely different situation than throttling content to try to get concessions out of the ISP, which is a patently ridiculous notion.

      Also, there was that little thing about throttling Comcast to force them to provide free hosting for a "Netflix box", not to mention the throttling Cogent, Netflix's ISP, did that got blamed on Telcos and Cable providers.

      If you really think Content providers aren't up to shenanigans themselves, you're deluded. Both sides are as bad. Regulations that only apply to one side are equally as bad. If they are lobbying for it, there's good chance it's not "pro consumer".

      Uh, no, that's not what happened at all. Netflix didn't try to force Comcast to do anything. Netflix shifted their peering in such a way that more of it came from Cogent than before. Historically, as those links approached saturation, Comcast added more capacity, but once they realized that Netflix made up the bulk of the new traffic, they decided to stop paying to upgrade those links to Cogent, resulting in deliberate congestion caused by Comcast. Netflix even offered to pay to upgrade those links, and Comcast refused, instead demanding that Netflix pay them money. Netflix then offered to GIVE Comcast boxes that could be used to reduce the load on their peering points, in exchange for Comcast merely providing a closet to hold them, plus electricity and a connection to their network, and Comcast refused unless Netflix paid them colocation fees, even though Comcast was the main beneficiary of such an arrangement (by not having to pay to upgrade their upstream bandwidth).

      You can try to distort the facts all you want to try to paint Netflix as the bad guy, but that doesn't make it so. Comcast extorted money from a company that wasn't their customer, forcing them to pay Comcast money in exchange for not throttling traffic that comes in from one of Comcast's upstream providers. That's fundamentally wrong, and there is exactly one bad guy in that story: Comcast.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    12. Re:So wait... by Anonymous Coward · · Score: 0

      Remove monopolies from Telcos/Cable companies, repeal Net Neutrality rules.

      The big telcos have 4 advantages:

      - Owning the backbone
      - Owning the last mile
      - Owning some content
      - Having a local monopoly

      Yes, removing the monopoly is a great start but that still leaves three advantages to enable abusive pricing and data throttling (because no Net Neutrality) against smaller competitors. Contrary to Republican spiel and free-market theory, competition doesn't negate natural monopolies. So the result will be a cartel of Telcos colluding via 'dog whistles' or 'mating calls', to remove small competitors.

      The telcos must be broken apart, even further.

    13. Re:So wait... by Anonymous Coward · · Score: 0

      we're all for corporate interests lobbying for laws ?

      Where the hell did you get that?

      "We" are for Net Neutrality. If an entity happens to be for Net Neutrality as well, that doesn't mean that we agree with everything else about that entity. It doesn't automatically mean that all the opinions you have about that entity would automatically apply to Net Neutrality.

      But you know this already; you're just had some really nice straw laying around and you had to use it.

      while at the same time being biased in their handling of their user generated content platforms

      Different. Issue. Entirely. Once again, see above - just because one interest aligns doesn't mean they all align. It's entirely possible for a person to agree with Google's opinion of Net Neutrality while simultaneously disagreeing with their stance on censorship while still remaining consistent in their arguments. Yes, entirely possible, as much as you want to stamp your feet and say it's impossible. Some people are able to see shades of gray, and that's helpful for navigating the inevitable complexities of reality.

      This whole idea of conflating hosting and transmission is just a tepid rehash of the stupid "Net Neutrality should apply to OSI Layers 1-7" argument that some dimwit was floating 'round here a few weeks ago. Transmitting and hosting are not the same thing; stop pretending there's an argument to be made there.

    14. Re:So wait... by Anonymous Coward · · Score: 0

      The problem with "pure" competition over the last mile of infrastructure is: barriers to entry

      Because of *drumroll*, governement granted monopolies. You know, more regulations we could repeal.

      You either fail at reading comprehension, or your agenda has blinkered you. Please re-read Areyoukiddingme's respond to you above. Specifically the part about a "natural monopoly".

      Those (usually) can only be overcome with more government involvement, not less. Despite a certain political groups position that more government is always worse than less, its simply not true. Actually, we probably wouldn't even have an Internet without government involvement (think ARPANET).

    15. Re:So wait... by Deathlizard · · Score: 1

      Basically, there's no plausible scenario where a non-ISP content provider could cause harm to an ISP by throttling data from that ISP

      Bullshit.

      Apparently you've never heard of a Carriage Dispute. so let me visualize it for you...

      1) Netflix decides it wants to charge ISP's like Viacom and CBS charge CableCo's for retransmission.
      2) Netflix Throttles all Comcast streams to 480P or less. Tells customers to call Comcast to complain about speeds.
      3) Customers Bitch at Comcast because they can't watch "Stranger Things" in HD.
      4) Comcast checks their bandwidth, looks ok. Contacts Netflix to see what going on. Netflix tells Comcast to pay us $100 Million USD to "fix" the problem.
      5) Comcast either pays Netflix to get their customers HD service, or tells Netflix to pound sand, which Netflix will respond by keeping Streams SD or less, and redirect millions of pissed off Customers to Comcast support or to some US regulatory body like the FCC to force Comcast's hand to pay.
      6) If Comcast pays Netflix, they have to jack up Internet Rates to cover the Netflix Tax, Which pisses off Comcast customers and will probably get a US regulatory body involved claiming monopoly.
      7) Repeat 1-6, replace Netflix with Hulu, CBS all access, amazon video, Google or whatever the Hell Disney will call their streaming service.

    16. Re:So wait... by Anonymous Coward · · Score: 0

      Wow. Historical and current day ignorance is in effect!

      Competition for the incumbent cable provider(s) is illegal in most localities in the US. They granted legally protected monopolies decades ago.

      That is why the big companies grow via acquisition these days, rather than rolling out new cable and signing up subscribers.

    17. Re:So wait... by Anonymous Coward · · Score: 0

      Local governments granted monopolies to the cable companies back in the 80's and 90's.

      Your lack of choices for cable TV and internet are not due to "natural monopolies" because of the expense of the last mile. They are due to local governments using their power over the utilities to extract a little tribute from cable companies that wanted access to their citizens. The bargain struck ended up being the granting of monopoly rights enforced by the government.

  12. The cheers for lobbyists by Anonymous Coward · · Score: 0

    The saviors and guardians of a properly functioning democracy... right?

  13. Re:Try not through the FCC ffs by BrookHarty · · Score: 2

    Mobiles are under title 4, and carriers already have multiple speed (fast lane) tiers. T-Mobile offers free and unlimited with its binge on service. FCC is not stopping from fast lanes or unlimited services. T-Mobile is also offering netflix for its customers.

    Mobiles and sat are not comparable to fiber and cable for FCC control, FCC handles the airwaves, local government handle the land. FCC mostly controlled local ISP's on regulation for services, not with access. ACCESS is the problem, we got monopolies at the local level. Sat and LTE4/5 is already having an impact, and by 2020 will help more rural communities than cable/dsl has even done. (After they took billions to do just that!)

    Now that the FTC is in charge, they handle the monopoly issues, the customer complaints.

    I'm not buying that Google, Amazon and other tech giants are into net neutrality, google scaled back its fiber with no planned future deployment, facebook is only selling Internet access to overseas companies, Amazon is a content provider and not a ISP. They are worried about competition coming up and taking their business, they fear competition.

    They don't give a damn about uncensored internet, Facebook/Twitter and dozens of other companies are censoring Iran access, vpn access. How fucking dishonest these corporations are, claiming bo be pro net neutrality when they are the worst offenders of censorship.

  14. Re:Free and open internet!? What BULLSHIT by DickBreath · · Score: 2

    Free and open internet is about routing of packets. Not about subjects discussed in online forums. Not about search engines.

    If there is free and open routing of packets, then you are perfectly free to connect to (or even create!) an online forum whose echo chambers are more to your liking.

    A free and open internet means that just because you create a small site that people are unable to reach it because you cannot afford to strike special "zero rated" deals with AT&T.

    --

    I'll see your senator, and I'll raise you two judges.
  15. More nothing by Anonymous Coward · · Score: 0

    Just like the previous NN story about states making doomed laws this approach is also doomed; if these suits don't die in appellate courts then SCOTUS will kill them if for no other reason than what this summary states; whatever bipartisan majority you suppose exists is perfectly capable of taking its grievance to Congress and solving its supposed problems via legislation.

    Therein lies the thing that eludes so many of you and Silicon Valley's captains of industry. Until you sway Congress and enshrine your scheme in law it is forever subject to the next round of regulatory appointees. There actually is a straightforward and appealing pro-market case to make here and it could attract many (R)s, but unfortunately our technology giants are so wrapped around their PC politics axle that courting an (R) to come over to their side is as yet unthinkable; they played hardball social issues politics for years and now they're in the cold.

    1. Re:More nothing by Areyoukiddingme · · Score: 1

      There actually is a straightforward and appealing pro-market case to make here and it could attract many (R)s...

      Only the one that is of the same magnitude as the forced breakup of Ma Bell. If the government decrees that last mile providers must be broken out of their current respective corporate ownership into fully independent organizations regulated like utilities that must accept all comers who want to provide the Internet part of Internet service, then yes, it's a straightforward and appealing pro-market case.

      Which can not possibly attract any (R)s at all, because what massive incumbent corporations want is sacrosanct to the current Republican party. The tech giants in this case are not the incumbents, so their opinions aren't relevant even if they weren't based out of California, and therefore permanently suspect in the eyes of the Republican party.

    2. Re:More nothing by Hal_Porter · · Score: 1

      There actually is a straightforward and appealing pro-market case to make here and it could attract many (R)s, but unfortunately our technology giants are so wrapped around their PC politics axle that courting an (R) to come over to their side is as yet unthinkable; they played hardball social issues politics for years and now they're in the cold.

      It's worse than that Amazon, Facebook, Google, Netflix, Twitter all donate only to Democrats. And Comcast et al donate heavily to Republicans.

      So the Republicans will say they oppose 'government regulation of the Internet'. However they Don't seem to mind the local regulations that gives Comcast a monopoly on selling high speed internet service.

      Meanwhile the Democrats say they want a free and open Internet and Net Neutrality by which they mean 'title II regulation of ISPs'. However they're happy with Google and Amazon blocking each other's products on their platform and Youtube and Facebook censoring 'hate speech', aka 'speech Democrats hate'. And in fact even when the FCC was led by Wheeler who supported Net Neutrality he didn't have a problem with T Mobile zero rating services. Also Google and Facebook launched a non Net Neutral Free Basics service outside the USA.

      I.e. no party in this bunfight has any principles at all - they're just doing what companies that contribute to them tell them to do. And all those companies care about is being able to shaft their complements who donate to the other side.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    3. Re:More nothing by Anonymous Coward · · Score: 0

      As Frank Zappa said "They are looking out for number one and you're not even number two"

  16. can't overturn administrative rules by Anonymous Coward · · Score: 0

    You can't overturn administrative rules of the Executive branch with a lawsuit.

    1. Re:can't overturn administrative rules by Anonymous Coward · · Score: 0

      I should say they voted to remove an administrative rule. You can't sue to put it back into place. You could sue to say net neutrality is unconstitutional if it was still in place. I think that there is plenty of precedents in place for Judicial Review that is pretty strong on the side of Administrative law.

    2. Re:can't overturn administrative rules by Areyoukiddingme · · Score: 1

      I should say they voted to remove an administrative rule. You can't sue to put it back into place.

      Yes you can. There are rules about rule-making, in order to prevent capricious, expensive changes. This change may not have been done according to the rules. Lawyers are arguing about it now, and it looks like they have a case, as it hasn't been dismissed by the judge yet.

    3. Re:can't overturn administrative rules by Anonymous Coward · · Score: 0

      Well even if thats the case its semantical. They would only have to follow the correct procedures then to remove it again.

  17. Re:Try not through the FCC ffs by Green+Mountain+Bot · · Score: 2

    Mobiles are under title 4, and carriers already have multiple speed (fast lane) tiers.

    Speed tiers are NOT what Net Neutrality advocates are talking about when they refer to "fast lanes". When you purchase faster internet service, that speed applies to every bit that comes through the pipe. Fast lanes are about giving some bits priority over others based on source and content. Think Comcast slowing Netflix content because it competes with their own streaming service, or Century Link throttling Skype to give their own videocom service a competitive advantage.

  18. "prohibited from selling service" by Anonymous Coward · · Score: 0

    That's just another form of regulation and yet another place where the system can be abused.

  19. Re: Free and open internet!? What BULLSHIT by Anonymous Coward · · Score: 0

    Would Google like to support the free routing of YouTube packets to my Amazon Fire stick? Because I sure would like things like that to be included in our definition of net neutrality.

  20. Re: Free and open internet!? What BULLSHIT by Anonymous Coward · · Score: 0

    Hey hey, don't distract DickBreath from his noble cause du jour!
    All packets are equal but some packets are more important than others.

  21. Re:Free and open internet!? What BULLSHIT by Anonymous Coward · · Score: 0

    Ok. So, things that NN isn't about:

    1. Censorship of forum discussions, blog posts, etc.
    2. Search engine results, paid, censored or otherwise
    3. Arbitrarily blocking content (re: Youtube/Amazon)

    Your expectation is that the body politic mentally segregate all of these various issues about who is controlling what on the interwebs, isolate the one precise thing that you are wound up about, arrive at the same conclusion about that one thing as you have, and act in a very specific manner to address your grievance.

    Think about that.

  22. Re:Free and open internet!? What BULLSHIT by Anonymous Coward · · Score: 0

    You forgot:

    4. Blocking certain groups from obtaining DNS credentials and hosting services because of their speech.

    But ignore all of that because you claim you're for a free and open internet and supporting CONTENT PRODUCING COMPANIES that are joining lawsuits to make sure they don't get charged more for their data.

    Think about that and what grievances YOU have.

  23. Re: Free and open internet!? What BULLSHIT by Anonymous Coward · · Score: 0

    You aren't getting it. We have a choice of whether or not to use google or Facebook.

    But most of us do not have a choice of who our ISP is.

    There is the big difference.

    If you don't like Facebook...use twitter
    Don't like google...use bing

    Think about it, man!

  24. Re: Personally I would much rather have competitio by Anonymous Coward · · Score: 0

    Must be nice. This is how it should be, everywhere in the USA.

  25. Re: Lawyers fighting for more laws... by Anonymous Coward · · Score: 0

    speak for yourself, dickbreath

  26. Re: Free and open internet!? What BULLSHIT by Anonymous Coward · · Score: 0

    You aren't getting it.

    I'm "getting it" just fine. I'm thinking about worthwhile solutions as opposed to fantasizing about magic regulatory bullets or futile lawsuits.

  27. Re: Try not through the FCC ffs by nehumanuscrede · · Score: 2

    The simple solution is to force a break up of the monopolies.

    You can either be an ISP or a content provider, but not both. This will nip that whole conflict of interests thing right in the bud.

    Start talking divestiture vs Net Neutrality and watch how fast the big boys back off and become NN champions.

  28. Re:Try not through the FCC ffs by reboot246 · · Score: 0

    For nearly the entire history of the internet, there were no "net neutrality" rules and everything worked fine. During the short time the rules were in place nobody noticed any difference.

    If Amazon, Facebook, Google, Netflix, Twitter and other tech giants are for it, I'm against it. Let me make it simpler - if evil is for it, I'm against it.

    If you think those companies are looking out for your best interests, you're a fool.

  29. Re: Try not through the FCC ffs by Green+Mountain+Bot · · Score: 1

    You can't really break up natural monopolies, unfortunately. But your suggestion that you can be ISP or content provider, but not both, is a very good one. I don't think it's the full solution, but it certainly could be a big part.

  30. Re: Free and open internet!? What BULLSHIT by Anonymous Coward · · Score: 0

    Ok then can we expand the definition of neutrality on the net to include tracking? No company tracks my activity across the web and if I permit it I get to say who's allowed. That sounds like a very "neutral net" that I'd like to have.

  31. Re:Lawyers fighting for more laws... by Bartles · · Score: 1

    NN has nothing to do with the law. That's the problem.

  32. Spying Comapnies all agree by Anonymous Coward · · Score: 0

    Let's see, Google, Amazon and Facebook are the top 3 for online spying. I'm pretty sure that what they want is a handout, not a level playing field.

  33. Wow by Anonymous Coward · · Score: 0

    They're really going hard at that Indian guy Obama appointed to the FCC.

  34. stop this. Allow NN to die. by WindBourne · · Score: 1

    Seriously, let Net Neutrality die. Instead, CONgress needs to require that ALL states allow for muni networks as well as NO monopolies. Right now, all monopolies for coax, fiber, STP, etc are forced by state, local govs. If they were prevented from having gov. enforced monopolies, then as each ISP fucks with a locality, then either another ISP will compete, or the local gov can build out their own local much cheaper, much faster network.

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:stop this. Allow NN to die. by Anonymous Coward · · Score: 0

      Why does your idea depend on NN dying? Let's fight to keep NN and also allow muni networks for increased competition. These don't have to be mutually exclusive--it just seems to be a go to argument for why it's ok to let Ajit Pai screw over the American people today.

      NN just means that ISPs can't f*ck with my IP packets. That should be a given no matter how competition is encouraged, especially since behaving otherwise would make them responsible for the traffic that goes through their network.

  35. Re:Lawyers fighting for more laws... by BlueStrat · · Score: 1

    The quantity of laws and regulations is only an issue for know-nothings and demagogues.

    This is not true at all when the legal system places responsibility for knowledge of the law on the people ("ignorance of the law is no excuse") but the number of laws are so immense that no single human could possibly know and be aware of every law or even the majority.

    The US government itself has spent literally millions attempting to ascertain the number of just Federal laws alone, and failed. This doesn't even consider all the State, county, city, township, etc etc laws, ordinances, and regulations To expect the average man to know and be held responsible for obeying literally many tens of thousands of laws he has no practical way of being aware of empowers a tyranny of selective enforcement.

    Cardinal Richelieu would have a field-day and be right at home in today's US legal system.

    Strat

    --
    Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  36. Re:Try not through the FCC ffs by TheGratefulNet · · Score: 1

    sometimes the interests of an amazon (etc) can be the same as mine.

    what I can say is that anything the R's want, is NOT what I want. they are doing all they can to fuck the common person over and if allying with an amazon will help fight the evil R's, fine.

    I don't think for a minute amazon is my friend; but if they can do battle for something I believe in, fine. no one else in the gov is lifting a finger to help us out. I'll take the help when and where I can get it.

    (OT: I kind of like referring to those companies as FANGs; facebook, amazon, netflix and google. they are the FANGs.)

    --

    --
    "It is now safe to switch off your computer."
  37. You KNOW NOTHING about economics by Anonymous Coward · · Score: 0

    Or else you would recognize that the proliferation of regulations always tends towards the arbitrary and anti-market forces, yielding government-protected monopolies, less competition, and higher prices.

  38. Get over it we need net neutrality. by Anonymous Coward · · Score: 0

    In large urban areas the number of ISPs available to a consumer create competition which drives companies to provide a marketable service. Rural geographic areas usually exist in a state in which an ISP has a virtual monopoly. Add to that state and local laws that prevent laying new cable and the virtual monopoly becomes a lasting de-facto monopolies. An ISP with a market lock can do whatever it wants to consumers despite the fact that in many cases the ISP received funding from the FCC to assist with service development. We live in a financial environment that will require executives in ISPs to find new streams of revenue and the easiest mechanism to do so would be to charge consumers more for existing services. Some of the mechanisms by which ISPs could do so were prevented by net neutrality. Repealing net neutrality repeals existing consumer protection. We need consumer protection.