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Many US States Propose Their Own Laws Protecting Net Neutrality (seattletimes.com)

An anonymous reader quotes the New York Times: Lawmakers in at least six states, including California and New York, have introduced bills in recent weeks that would forbid internet providers to block or slow down sites or online services. Legislators in several other states, including North Carolina and Illinois, are weighing similar action... By passing their own law, the state lawmakers say, they would ensure that consumers would find the content of the choice, maintain a diversity of voices online and protect businesses from having to pay fees to reach users.

And they might even have an effect beyond their states. California's strict auto-emissions standards, for example, have been followed by a dozen other states, giving California major sway over the auto industry. "There tends to be a follow-on effect, particularly when something happens in a big state like California," said Harold Feld, a senior vice president at a nonprofit consumer group, Public Knowledge, that supports net-neutrality efforts by the states. Bills have also been introduced in Massachusetts, Nebraska, Rhode Island and Washington.

In addition, a representative in Alaska's legislature has also pre-filed legislation requiring the state's ISPs to practice net neutrality, which will be introduced when the state legislature resumes on January 16th.

"The recent FCC decision eliminating net neutrality was a mistake that favors the big internet providers and those who want to restrict the kinds of information a free-thinking Alaskan can access," representative Scott Kawasaki told a local news station. "That is not the Alaskan way, and I am hopeful my colleagues in the House and Senate will agree..."

The Independent also notes that Europe "is still strongly committed" to net neutrality.

71 of 144 comments (clear)

  1. Net neutrality is the next gay marriage. by Anonymous Coward · · Score: 4, Interesting

    The states that have it will see an increase of geeks immigrating to their states and setting up businesses there.

  2. Fuck Ajit Pai by Nick · · Score: 4, Insightful

    Fuck Ajit Pai.

    --
    Fuck Ajit Pai
    1. Re:Fuck Ajit Pai by Opportunist · · Score: 1

      I think even here nobody would be desperate enough to take that offer.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:Fuck Ajit Pai by Rick+Schumann · · Score: 1

      I second the motion. :-)
      He's nothing but a shill for the telecoms and ISPs. So far as I'm concerned, once Robert Mueller is done with slicing-and-dicing Trump and his people, he should move on to some of the appointees like Pai. Bet you cash money he's getting paid large sums under the table by the big corps like Comcast/Xfinity and AT&T to fuck over the American people and prop up their outdated, greedy business models.

    3. Re: Fuck Ajit Pai by Midnight+Thunder · · Score: 1

      Well looks like Paiâ(TM)s actions resulted in potentially making things worse for big ISPs. We can thank him for being an arsehole, for inadvertently galvanising a movement.

      As part of this wave should be an attempt to open up the field to new competitors, whether that is by state network infrastructure that is leased out to new players (akin to the highway infrastructure) or some other approach.

      --
      Jumpstart the tartan drive.
    4. Re:Fuck Ajit Pai by pots · · Score: 1

      Ajit Pai is a stooge, a scapegoat. Yes he's a bad man, but it's important to recognize that he's just doing what congress put him there to do. They knew when they confirmed him and the other commissioners that this would happen - he's never been secretive about it.

    5. Re:Fuck Ajit Pai by MrL0G1C · · Score: 1

      Bet you cash money he's getting paid large sums under the table

      No, He'll just get gigantic bonuses when he goes back to work for them or he'll become a lobbyist. 'Revolving door'.

      --
      Waterfox - a Firefox fork with legacy extension support, security updates and better privacy by default.
    6. Re: Fuck Ajit Pai by Paradise+Pete · · Score: 1

      What someone chooses to do, has nothing to do with words being said.

      That's about the most wrong thing yet written.

  3. Work around the problem by jader3rd · · Score: 2

    The FCC ruled that no states can create laws to enforce Net Neutrality. While it would be nice to have a head on attack work, I fear that it may not. So instead the states should make life difficult for ISP found violating New Neutrality. Say a law like "If the ISP is caught violating Net Neutrality, that ISP is banned from advertising" or something like that.

    1. Re:Work around the problem by Megane · · Score: 1

      Also, Interstate Commerce Clause.

      --
      #naabhaprzrag, #sverubfr-000, #agi-fcbafberq, negvpyr[pynff*=' negvpyr-ary-'] { qvfcynl: abar !vzcbegnag; }
    2. Re:Work around the problem by Anonymous Coward · · Score: 1

      FCC regulations do not supercede state laws. Such a rule would be thrown out in court immediately.

    3. Re:Work around the problem by sg_oneill · · Score: 1

      How about "Nothing in this law forbids an ISP from introducing "Speed lanes" or slowing down a competitors content. However if they chose to behave this way, they will be required to pay the cost of providing a physical interconnect to a competitors network-neutrality respecting service if the customer requests it.".

      So basically, sure Comcast, by all means block netflix, but only if your prepared to fork up the cost of installing Google fibre in an unhappy customers house.

      --
      Excuse the Unicode crap in my posts. That's an apostrophe, and slashdot is busted.
    4. Re:Work around the problem by alvinrod · · Score: 1

      If states wanted to effectively ensure that Net Neutrality existed they could ban cities from offering monopoly rights to ISPs. I suspect that if providers were to actually have to compete for customers based on their service, you'd quickly see that companies which try to throttle certain types of traffic would be avoided by consumers.

      You can't have a system that allows a private business to effectively function like a utility without requiring it to also behave like a utility. Since it does not appear easy to make these businesses behave like utilities, then it does not make sense to give them any kind of monopoly rights for the infrastructure.

    5. Re:Work around the problem by bigpat · · Score: 1

      Also, Interstate Commerce Clause.

      There are plenty of laws that states pass that interfere with interstate commerce far more than local enforcement of net neutrality would. Many, if not most, businesses or individuals require state and local licenses in addition to any Federal Licenses they may need. Then they need to pay state and local taxes and comply with state and local regulations. In some instances you can't even sell stuff directly into a state unless you go through a local distributor. Thinking alcohol and cars, but probably other things.

      The US considers itself a "single market" under US Federal regulations, but in many more ways it is not.

      The cumulative effect of all those state and local regulations are barriers to interstate trade and commerce that amount to state and local protectionism.

    6. Re:Work around the problem by Entrope · · Score: 1

      "Company X blocks or throttles network traffic between X's users and X's competitor Y" is a straightforward violation of existing, well-founded laws about fair competition. The FCC's net neutrality rules did not, and cannot, change those laws or make the inapplicable.

    7. Re:Work around the problem by modmans2ndcoming · · Score: 1

      That is what courts are for. My hope, and my bet, is that SCOTUS will say the FCC can not regulate what states do over and above the rules they set forth.

    8. Re:Work around the problem by Entrope · · Score: 3, Informative

      "[W]hether the FCC can govern intrastate commerce" is not a very accurate description of the question before the Supreme Court, or that court's decision. That case was an extremely narrow ruling on whether two particular sections of the federal law establishing the FCC gave the FCC authority to preempt state rules on depreciation schedules for equipment where both the FCC and the state had jurisdiction over setting telecom rates.

      Contrast that to the rulings in Wickard and is progeny, through Gonzales v. Raich (2005), where federal law can govern even intrastate activities as long as the local effects are part of an overarching scheme of national regulation.

    9. Re: Work around the problem by modmans2ndcoming · · Score: 1

      They are still affecting the citizens of a state with NN laws. Those ISPs will be fined big time by the state.

    10. Re: Work around the problem by modmans2ndcoming · · Score: 1

      Access to the internet is not an interstate action. You connect locally.

      At any rate, the EPA has rules for emission standards and California has tougher ones.....Federal agencies can not dictate what laws a state can pass that goes above the regulation baseline set forth by federal law. (see minimum wage)

    11. Re:Work around the problem by Rick+Schumann · · Score: 2

      If I'm not mistaken, as a Nuclear Option, states should always have the ability to kick companies like Comcast and AT&T out completely. Sounds utterly outrageous but I think legally speaking it would be possible.

      In any event, under the current administration, there has to be ways to leverage things, no matter how fucked-up they are (and they really are); Trump made a big deal about "giving power back to the States" as part of "MAGA", so guess what? Allowing the FCC to dictate to the States on this issue flies right in the face of that. So maybe State governors and legislators call out Trump on that and demand "Which is it? Do we have the power, or does the Federal government still dictate things to us that happen in our own borders?" Congress is in the process of (or have they voted already? Haven't checked) making all of Congress declare which side of the Net Neutrality fence they're on; I think that's Step #1 in the process of forcing Trump to Put Up Or Shut Up.

    12. Re:Work around the problem by modmans2ndcoming · · Score: 1

      Yeah....handing the enforcement over to the FTC solves the problem for anyone that wants the problem to not be solved. the FTC is a toothless organization that has almost no power to enforce laws because it is understaffed and under funded....and they are a trade organization, not a technology organization. They don't know shit about the internet.

    13. Re:Work around the problem by Rick+Schumann · · Score: 1

      The only problem with what you're suggesting is that the affected big telecom (i.e. Comcast, AT&T, etc) could and likely would price-gouge the living hell out of the competing NN-respecting ISP, who would have no choice but to pass that cost on to the customer. If the FCC is going to gut NN in the first place (because Pai is a shill for them and might be being paid under the table to do so) what makes you think they'll bat an eye at the big ISPs reaming a small ISP for pass-through? Maybe they can sue or maybe the FTC can get invovled in that, but in the current socio-political climate in this country, do you really think that'd happen or that they'd get any real traction if they tried? Things are horribly skewed at the moment and until there's enough political mass used to start swinging the needle back left towards center things are going to be tough.

    14. Re: Work around the problem by ChatHuant · · Score: 1

      Access to the internet is not an interstate action. You connect locally.

      This may not mean as much as you think. If states mandate net neutrality, customers will favor local net neutral ISPs over out of state not net neutral providers. IANAL, but to me this looks like this famous precedent, and makes the state's net neutrality law subject to federal regulation under the inter-state commerce clause.

      Here's the TL;DR for Wickard v Filburn: during WW2 the federal govt had put caps on wheat production, in order to stabilize wheat prices. A farmer was growing wheat on his farm, for his consumption and for feeding his cattle. He was not selling any of it in the state or to customers outside the state. The Supreme Court decided federal regulations applied to him anyway, under the inter-state commerce clause. The reasoning was that by growing his own wheat he didn't buy it from (potentially out of state) sellers, hence he was interfering with inter-state commerce.

    15. Re:Work around the problem by Entrope · · Score: 1

      Fortunately for you, the FTC isn't the only party that can prosecute violations of anti-trust or fair-competition laws. State and local prosecutors and even private parties can, too.

    16. Re:Work around the problem by PoopJuggler · · Score: 1

      Republicans only care about states' rights when it makes rich people richer. For that matter, the only things they care about are the things that make rich people richer.

    17. Re: Work around the problem by John.Banister · · Score: 1

      You make a case for the FTC to regulate the states, but the courts already told the FCC that without Title 2, they don't have authority of that nature, and the FCC gave up Title 2 as part of their plan to end net neutrality. The last mile for most ISP customers occurs within their state of residence.

    18. Re:Work around the problem by jader3rd · · Score: 1

      states should always have the ability to kick companies like Comcast and AT&T out completely.

      I say keep increasing fines until they leave. That way the states can pay off more debt.

    19. Re:Work around the problem by jader3rd · · Score: 1

      Also, Interstate Commerce Clause.

      Advertising in your state doesn't go across states. In your state and the commerce clause, doesn't apply.

    20. Re:Work around the problem by Rick+Schumann · · Score: 1

      Eventually they'll be forced to change their business models and they damned well know it, this bullshit is just them going kicking-and-screaming the whole way.

    21. Re: Work around the problem by HiThere · · Score: 1

      States do set highway speeds. But the feds decide whether they are going to give subsidies based on whether the state is following the fed guidelines.

      OTOH, there are lots of cases where the courts have declared that the feds have ridiculously intrusive powers. So it's not clear.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    22. Re:Work around the problem by Rick+Schumann · · Score: 1

      Republicans know they're an Endangered Species at this point, why do you think so many of them are 'retiring', not seeking re-election? They know they're junglefucked, courtesy of Trump & Company. In 2020 the socio-political needle will swing back left towards center again, as the sheer mass of the disaffected, disposessed, and generally pissed-off get out of their chairs, and the gravitational force of that mass will pull things out of the tailspin they're in. Balance is the Way of the Universe, and so it is with humans; we're out of balance right now.

    23. Re: Work around the problem by Registered+Coward+v2 · · Score: 1

      Access to the internet is not an interstate action. You connect locally.

      At any rate, the EPA has rules for emission standards and California has tougher ones

      CA was given a waiver by the feds to allow them to set higher standards.

      Federal agencies can not dictate what laws a state can pass that goes above the regulation baseline set forth by federal law. (see minimum wage)

      Except that the state laws on the minimum wage do not conflict with the Federal one. The question would be has Congress given the FCC sole jurisdiction over internet services regulation in which case state net neutrality laws would conflict with that authority. My guess is if tehy haven't the big ISPs will push for Congress to do so.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    24. Re:Work around the problem by SuricouRaven · · Score: 1

      They also know what their priority must be for now: Policy and influence entrenchment. They need to not only achieve their objectives, but achieve them in such a way that they cannot be overturned for many years no matter what happens electorally. One key means to do this is appointments, especially to judicial positions - they successfully stalled a lot of appointments during Obama's second term and created a substantial backlog of empty positions, so Trump is now in the process of filling them up with people who are sympathetic to Republican policies. That means that even of Dems gain the advantage politically, the Republicans will still maintain influence beyond the number of their representatives.

    25. Re:Work around the problem by NoZart · · Score: 1

      It's not so straight forward if a company can claim
      "we did our best effort, but our service x takes up so much bandwidth, so there's none left for y"
      No Company can be coaxed into damaging its own services to enable a competitors. Which makes the above statement the de facto argument for each and any throttling that's going to happen.

  4. That may or may not work by fustakrakich · · Score: 1

    The only reason we don't have net neutrality now is because there is no competition. The far better solution would be to outlaw exclusive franchises. The market has to be pried open. And a good way to do that is to make the companies compete against a municipality/state provided service. Net neutrality should naturally follow.

    --
    “He’s not deformed, he’s just drunk!”
    1. Re:That may or may not work by fustakrakich · · Score: 1

      The government represents the people. They have just as much right to compete as anybody.

      --
      “He’s not deformed, he’s just drunk!”
  5. Re:Shoot themselves in foot with anti-business law by Desprez · · Score: 2

    It's not clear to me why anyone thinks ISPs exist in a healthy free market. (I'm not even sure it's possible, for that matter.)

    Furthermore, it's not clear to me why anyone thinks it's a good idea to allow ISPs to meddle with EVERY OTHER ACTUALLY FUNCTIONING free market that already exists on the internet.

    If you want to protect free markets, we should prevent ISPs from picking winners and losers, no? Don't we want the market to do that?

  6. Municipal broadband/WiFi by iamacat · · Score: 4, Insightful

    I see Comcast cable dangling over my backyard, suspended on utility poles I pay for with my tax money. I don't see any reason to allow that if they get frisky. How about my town does competitive bidding to get a backbone hookup and maintain local routers and wires? If Comcast wins fine, but Silicon Valley has lots of startups who would love to land a big gig.

    1. Re:Municipal broadband/WiFi by Anonymous Coward · · Score: 1

      Those cables and poles are surely placed in an easement that has been recorded against your property. The government will fuck you with a pineapple if you do anything to interfere with services in that easement.

  7. Re:Shoot themselves in foot with anti-business law by BlueStrat · · Score: 1

    Net Neutrality is NOT anti business, it is PRO business and PRO consumer.

    What it does is shift much of the massive costs for bandwidth for companies like Facebook, Amazon, Netflix, Google, etc onto other ISP customers like you and me by raising their prices, since they cannot charge those high-bandwidth users at different rates than other ISP customers.

    What, you don't think the ISPs are just going to eat the costs, do you? The original NN rules were written by Google! Do you believe Google primarily has your best interests in mind, or their own?

    As to TFS/TFA, this is just State politicians grand-standing and posturing like posers do. State law does not override Federal laws and Federal regulations with the force of Federal law. They know this. It's theater.

    Strat

    --
    Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  8. Re:Shoot themselves in foot with anti-business law by dryeo · · Score: 1

    Why can't they charge high bandwidth users more? That's how it works here with net neutrality, you pay different amounts depending on how much data you're likely to use. I pay for a 250 GB cap, which I can use to watch Netflix or a webcam of a fire. I could pay for 10GBs or 500GBs as well. It is none of my ISP's business what I watch, just how much bandwidth I use.
    Just like the phone company shouldn't be able to stop me from phoning someone whose politics they don't like, my ISP (and there is only one serving me) shouldn't be able to censor what websites I use. That censorship that you are currently in favour off could change. Best to have no censorship

    --
    https://en.wikipedia.org/wiki/Inverted_totalitarianism
  9. This Is How It Should Be by NicknameUnavailable · · Score: 1

    50 nation states with 50 different sets of laws. The only legitimate purposes of the federal government are to make sure they don't fight each other and to combine military force to make sure other nations don't invade.

    1. Re:This Is How It Should Be by Anonymous Coward · · Score: 1

      No, the Interstate Commerce clause was written for a good reason, along with the Full Faith and Credit clause. Without them, you end with legal anarchy, preventing large scale economic growth. There wouldn't BE an internet if the Federal government hadn't used the FCC and FTC to regulate long distance communications.

      The Founders had just seen the first attempt at creating a nation fall apart around their ears, and wanted to make sure it didn't happen again. So they introduced or strengthened the powers of the Federal government in order to prevent interstate conflict.

  10. Re:Daily Stormer by Entrope · · Score: 1

    Hosting companies were not the only ones to block the racist morons: registrars also did, which is what OP was complaining about. Exactly where does net neutrality say that ISPs can't discriminate, but hosting companies and domain registrars are free to discriminate, and why? Because "net neutrality" is largely being pushed by hosting companies and other people who want to force ISPs to carry their content?

  11. Re:popcorn by dryeo · · Score: 1

    i'm just sitting here waiting for one of these idiots to actually pass this stuff, then realize that because All of these so far are worded horrendously. it means they can't block or filter the Bad stuff. Like child pornography. Or DMCA violations. Or fake pharmacy sites.

    Kneejerk legislation in response to uninformed opinion is _Always_ awful.

    Are you saying that net neutrality stops a court order? Or are you saying that an ISP should be able to play at being a court?

    --
    https://en.wikipedia.org/wiki/Inverted_totalitarianism
  12. Re:popcorn by Opportunist · · Score: 1

    Then stop blocking it and instead arrest the assholes doing it.

    Blocking content never solved a problem. The people dealing in it just found a new way to do it. Usually less public and in ways that made it harder to catch them.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  13. Re:Nothing is wrong with speed lanes by modmans2ndcoming · · Score: 1

    Content speed lanes are what big ISPs want and consumers do not want that. Currently they sell it to consumers based on the service package they buy.....I only want 10Mbps access....all my service is best effort rated at 10Mbps....I want 100Mbps service....all my access is best effort rated at 100Mbps....If Con-cast wants to extract money from Netflix, Google, Amazon, Spotify, etc. for access to me that meets my best effort rating, that is wrong and not the product I am paying the ISP for.

  14. Re:Shoot themselves in foot with anti-business law by Hal_Porter · · Score: 1

    Even under Net Neutrality Wheeler said that zero rating was fine. Though he also said it might not be fine of they changed it in the future under the 'general conduct rule'.

    http://www.multichannel.com/ne...

    Federal Communications Commission chairman Tom Wheeler said Thursday (Nov. 19) he thought T-Mobile's Binge On zero rating plan was the sort of highly innovative approach the FCC's new network neutrality rules were predicted to thwart, but clearly didn't.

    Wheeler, in a press conference following the FCC's November meeting, appeared to endorse the Binge On offering, calling it pro-competitive and innovative. "It is clear in the Open Internet order that we are pro-competition and pro-innovation and clearly, this meets both of those criteria," he said. "It is highly innovative and highly competitive."

    He then said that it appeared the plan does not violate the bright-line no paid prioritization rule, but took something off the endorsement.

    He said the FCC would keep an eye on Binge On per the general conduct standard in those new open Internet rules, which allows the FCC to look at such business models on a case-by-case basis.

    That rule, he elaborated, says a carrier "should not unreasonably interfere with the access to someone who is trying to get to an edge provider and an edge provider who is trying to get to a consumer. So, what we are going to be doing is watching Binge On, keeping and eye on it, and measure it against the general conduct rule."

    "The Commission staff is working to make sure it understands the new offering," said FCC director of Media Relations Shannon Gilson, of Binge On following the chairman's press conference.

    Binge On is a zero rating plan in which video streaming services including Netflix, HBO Now, Hulu do not count against data allowances.

    Commissioner Ajit Pai said following that statement that nobody still knows whether Binge On will pass muster under the general conduct standard. "I don't think it should give any company comfort to know that the state of the law is so unsettled."

    Pai said following Wheeler's qualified endorsement that the question remained: "Does T-Mobile's Binge On and any other offerings like it violate the net neutrality order." He said that under the Internet conduct standard nobody can get certainty, which he suggested was illustrated by Wheeler's statement that is was pro-competitive, followed by the signal that it still needed to be vetted under that general conduct standard.

    Commissioner Michael O'Rielly said that if someone was looking for a blessing, the chairman appeared to have given it. "someone is looking for a blessing and everyone is kind of holding their breath waiting for a decision. It wasn't an official issuance by the General Counsel's office or the Enforcement Bureau, but they just got the blessing they were seeking and I imagine now we are going to see a lot more offerings like it."

    But he also said that holding up those innovative offerings for a moment like the chairman's statement was just the sort of problem he had pointed to with the general conduct standard.

    "Tom Wheeler's comments regarding T-Mobile's new BingeOn zero-rating plan calls to mind the good familiar cop/bad cop routine," said Randolph May, president of free market think tank, the Free State Foundation. "On the one hand, Wheeler's statement that the plan is pro-competitive and innovative is commendable. On the other hand, his further elaboration that the FCC will monitor the T-Mobile plan for compliance with the Open Internet Order's 'good conduct' rule is disturbing. This is because the vague 'good conduct' standard means anything that Wheeler's Enforcement Bureau says it means on any given day."

    The EFF had concerns about the vagueness of the 'general conduct rule' too

    --
    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;
  15. Re:Daily Stormer by modmans2ndcoming · · Score: 1

    Uh, no. Net Neutrality is not about who has a right to put shit on the internet. It is about what the rights are of those who access the internet.

  16. Re:Nothing is wrong with speed lanes by Desprez · · Score: 3, Insightful

    That's not the problem.

    To use a specific example, the problem is ISPs partnering with Nextflix to slow down competitors to Netflix.
    That's pretty overt, but it could also be something like the ISP offering a package where Netflix doesn't count towards your data cap, but Netflix competitors do count towards that cap. Different technique, similar results.

    Now multiply by every other company that relies on the internet to reach customers, and you have a way for entrenched business to artificially limit competition and stifle innovation.

    ISPs shouldn't get to meddle with the free market's of other industries/services/content.

  17. Re:Nothing is wrong with speed lanes by thegarbz · · Score: 1

    To who? In general content speedlanes (i.e video streaming over gaming) has at no time ever been discussed. The problem was source based speedlanes (i.e. Netflix over Hulu). I think you'll find consumers generally do not know if they want content based speedlanes or not since it has never been on the table.

  18. Quit trying to bring back NN by WindBourne · · Score: 1

    Please. Instead, it is better for states to remove all monopolies AND allow local gov to create muni-fiber broadbands, but keep isp/TV/security/VoIP/etc open architecture and encourage competition.

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:Quit trying to bring back NN by PoopJuggler · · Score: 1

      We can have both.

    2. Re:Quit trying to bring back NN by WindBourne · · Score: 1

      actually, by allowing COMcast/RBOCs to screw with their traffic, it will only tick off customers and encourage more municipals to add their own fiber.
      Otherwise, it will happen slowly.
      This is why I want to see them go ahead and destroy their customer base by our removing NN as well as monopoly.

      --
      I prefer the "u" in honour as it seems to be missing these days.
  19. This is how it should have been implemented by Solandri · · Score: 1

    in the first place. Starting with local legislation, which then gains traction and becomes state legislation, and (if enough people like the idea) eventually leads to federal legislation requiring net neutrality.

    Those of you pissed at Ajit Pai have only yourselves to blame. He only had the power to revoke net neutrality because you gleefully supported his predecessor when he implemented net neutrality in what was a total run-around of the legislative process this country is founded on. By allowing Tom Wheeler to set the precedent, YOU gave Ajit Pai the same power..

    No single appointed person or group of appointed commissioners should have the power to make decisions with wide-ranging consequences like this. It always should have been implemented via the normal legislative process, with majority votes of elected representatives. It was wrong how Ajit Pai revoked it. It was wrong how Tom Wheeler implemented it.

    Implementing it via legislation also makes it a lot harder to revoke. You need (at the Federal level) enough votes in both branches of Congress and a Presidential signature. It can't be changed willy nilly just on the whims of some guy the President appointed.

  20. Re:Nothing is wrong with speed lanes by Anonymous Coward · · Score: 2, Insightful

    There are several problems with your argument that Comcast would block Netflix.

    1. Comcast wouldn't outright block Netflix, they will throttle the traffic to the point where Netflix becomes useless. It's effectively blocking, not literally.

    2. You claim they wouldn't do it, but they have. ISPs have been caught throttling Netflix traffic and torrents in the past. And that was with net neutrality in place. Now there is nothing to prevent them, legally, from cutting back Netflix traffic or any other competing services.

    3. You claim Comcast would lose clients, but in many regions it's them or nothing. Who are you going to switch to if your town only has one ISP?

    4. You claim Netflix makes Comcast a ton of money. But they don't. Virtually no one has an Internet account just to watch Netflix. What Netflix does do is compete with other services some cable companies and ISPs are offering, which means those companies have an incentive to get rid of Netflix.

  21. Re:Nothing is wrong with speed lanes by serviscope_minor · · Score: 2

    Ah looks like slashdot's regular ISP conglomerate shill is back!

    At least I hope you're a shill because if you're doing this for free...

    It's not even like Netflix is a competitor to Comcast: the content is nearly orthogonal.

    Oh I guess I hallucinated Comcast having a TV service which is a direct competitor to Netflix then.

    In fact if you think about it Netflix is a huge, huge draw for getting faster cable internet over various other network options; Netflix is helping Comcast earn a TON of money.

    Costing them a ton you mean, because people are actually using the services they've bought. Comcast would much rather have people buy stuff and never use it.

    --
    SJW n. One who posts facts.
  22. Geoblocking, VPN blocking by HalAtWork · · Score: 1

    This will probably lead to more implementations of geoblocking and VPN blocking shenanigans

  23. Re:Nothing is wrong with speed lanes by Anonymous Coward · · Score: 1

    If Comcast blocked or slowed Netflix, they would lose around 90% of their customers and certainly be fined by the FCC and probably have a few facilities torched by angry mobs.

    I guess you missed that part back in 2014 when comcast was slowing down netflix. Yet no FCC fines, (supreme court said the FCC can't fine them), they still have all of their customers and no facilities torched by angry mobs.

  24. Re:popcorn by greenwow · · Score: 1

    Good point. Fifty sets of laws written by state politicians will most certainly have serious problems.

    In addition, having fifty different sets of byzantine NN rules.is a huge barrier of entry for a new competitor and only helps the big guys like Comcast.

  25. Re:Shoot themselves in foot with anti-business law by dgatwood · · Score: 2

    Net Neutrality is NOT anti business, it is PRO business and PRO consumer.

    What it does is shift much of the massive costs for bandwidth for companies like Facebook, Amazon, Netflix, Google, etc onto other ISP customers like you and me by raising their prices, since they cannot charge those high-bandwidth users at different rates than other ISP customers.

    That's just absurdly wrong, as it implies that companies like Netflix use bandwidth entirely on their own. That's not the way it works. Netflix (for example) sends the data for a movie only when a user requests it. Therefore, the Netflix user was solely responsible for that data traversing the ISP's network, through his or her direct action. If Netflix didn't exist, that same user would have watched content from someone else, which means Netflix didn't actually cause that traffic to flow through that link. That's why the user's ISP is solely responsible for paying the cost of transit between the ISP's network and the backbone.

    Netflix, by contrast, was solely responsible for that data traversing the network between Netflix's servers and the nearest backbone, and Netflix and the user share equal responsibility for the data as it passes through the backbone. This approach is really the only sensible way that things can be done.

    What you're apparently trying to do is to shift the cost of providing service entirely to one side of that network connection, artificially deflating the impact of user decisions on the user, and artificially inflating the impact of user decisions on the companies that provide content. That approach very bad, because among other things, it means that users don't think about the impact of their decisions. If there's no extra cost for them to have the bandwidth to watch Ultra-HD, many users will dutifully grab Ultra-HD content and watch it on a cell phone or whatever.

    It is also bad because the company on the other end doesn't have any real control over what the user's ISP does, or how high their costs are for providing service. Netflix can choose what ISP they work with to get data onto the backbone, minimizing their cost and maximizing efficiency. If every random ISP can decide to charge them an arbitrary amount of money, you're basically turning the cost of individual users' Internet service into an externality that Netflix has to pay for. As such, Netflix will be forced to decide which individual customers aren't worth the money based on how much the customers' ISPs are charging them. At that point, those users will no longer have access to the entire Internet.

    And the cost of negotiating contracts with every little 100-customer ISP on the planet would be insane. It would essentially make it impossible for large companies to be viable without running their own cables to everybody's house. And if that happens, we'll eventually find ourselves with the Google Internet, the Amazon Internet, and the Netflix Internet, and they won't talk to each other except for low-bandwidth email. This outcome is in nobody's best interests, including the major ISPs.

    In short, the things you're advocating are harmful in the short term to everyone involved except for the big ISPs, and in the long term, would spell their doom as well. Want to destroy the Internet? You just figured out how. And that's not hyperbole.

    What, you don't think the ISPs are just going to eat the costs, do you? The original NN rules were written by Google! Do you believe Google primarily has your best interests in mind, or their own?

    You speak of those two things as though you believe that they are mutually exclusive. When a company's interests align with your own, you should embrace that company's support. Rejecting that support merely because they also benefit from not letting ISPs completely break the Internet is shortsighted and stupid. Those big tech companies would still have a heck of a lot more lobbying power

    --

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  26. Which Six States? by WindowsStar · · Score: 1

    Which six states are working on this?

    1. Re:Which Six States? by Will_OReilly · · Score: 1

      Which six states are working on this?

      They're listed in the article.

  27. Re:Daily Stormer by Entrope · · Score: 1

    That is conclusory and unconvincing. If net neutrality's best argument is "nuh uh, net neutrality means you have the right to be spoken to, not to speak", no wonder the FCC canned it. Are you so new to the Internet that you do not remember the way people accessed the Internet before corporations tried to lock people into their walled gardens? People who access the Internet have a right to speak, but the net neutrality crowd doesn't like that for some reason.

  28. Re:Nothing is wrong with speed lanes by PoopJuggler · · Score: 2

    It's not like my Comcast network is going to block AT&T traffic

    Possibly not, but when ISPs and content producers are the same company then they control both content and distribution and have a perfect incentive to block or throttle content from competing providers. This is Bad(tm), not just in a consumer standpoint but an Orwellian one as well.

  29. Re:Nothing is wrong with speed lanes by jader3rd · · Score: 1

    Speed lanes are a good idea and what people want

    Even if people want them, it doesn't mean that they exist. All there can be is as fast the network can handle and traffic that gets needlessly throttled because they didn't pay an extortion fee. We just want to network to pass all traffic as fast as it can handle it. Is that so bad?

  30. Re:popcorn by HiThere · · Score: 1

    OTOH, ISPs used to be local outfits. I don't see why they couldn't be different ISPs in different states.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  31. Americans overwhelmingly support the idea by rsilvergun · · Score: 1

    of private enterprise. At least in theory. If people already had good working government service (like the VA for example) you might have a shot. But you'll have no luck with muni broadband until you can convince people that the government doesn't screw up everything it tries. Yeah, yeah, there's lots of evidence of that, but when has evidence ever worked against a multi-million dollar ad blitz?

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    1. Re:Americans overwhelmingly support the idea by iamacat · · Score: 1

      Well, now access is granted to one company with no competitive bidding. I am for private enterprise myself, but think of a town like one big HOA where land deed gives HOA a grant to provide certain services and in turn HOA is obligated to contract these services in the most efficient manner. Like it's well understood that competing swimming pools are not practical, so the board needs to choose a specific poolman to maintain the single one. I don't see how broadband is that different from water or electricity here?

  32. Haters are so stupid by SuperKendall · · Score: 2

    Comcast throttled Netflix and Netflix made the problem go away by paying an extortion fee.

    Sad to see the day when people on Slashdot have no idea how the internet works, or what interconnection fees are.

    I live in fucking downtown San Francisco and my ONLY choice of high-speed cable Internet is Comcast.

    Hi, I said exactly the same thing. I'm in a different city, in exactly the same situation. Do you even read?

    I mean you go so far as to ejaculate all over the screen that "my own gigabit internet service fee probably keeps a nice shine on some executives yacht."

    And you interpreted that to mean I was *happy* about the situation? Like I said, do you even read??

    Haters like you are SUCH retards. I am trying super-hard not to roll my eyes that you also come from San Francisco, which I would have put money on before... the elitism literally boils out of your words.

    Someday you will be adult and be properly ashamed of what you are now. But I guess today is not that day.

    I'll let you have the last response since Haters and Retards will chatter on and on about themselves and misreading things until the end of time. Ain't nobody got time for that, I have other people to help while you try to bring them down.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Haters are so stupid by MisterSquid · · Score: 1

      OK, so I misinterpreted your comment about putting the shine on a yacht as some kind of deranged gloating.

      The Comcast-Netflix arrangement is part of the problem and I think we see it a bit differently. My understanding is that NF was paying L3 (iirc) for its connection to the Internet. If NF is paying a company that has proper peerage to Comcast then Comcast throttling NF's packets to Comcast's customers is extortion.

      NF likely paid because the legal battle would have been more costly. Plus, net neutrality was supported at the level of the executive and, so, by the FCC.

      As a single customer, my concern is that if I pay Comcast for a connection to the Internet, I do NOT want them to decide which packets can come to me faster and which not. I understand there are QoS needs, and I'm fine with traffic-shaping, as long as those traffic-shaping rules affect all similar traffic (including Comcast's own) equally.

      But this is well-trod ground because Comcast, Time-Warner, and the like are slobbering all over themselves at the thought of zero-rating their own services, charging their subscribers for a "fast lane", and extorting their competitors for access. Additionally, the current situation means the FTC will have to bring about lawsuits to claims about discriminatory peerage even though in the current environment this is perfectly legal.

      So, yeah label me a hater. I hate Pai's cronyist rollback of Net Neutrality and look hopefully to 2 things.

      1. Federalism forcing the issue and states punishing willful violations of a no-longer legally mandated Net Neutrality

      2. Political blowback because of the effects of Net Neutrality's rollback (among other things) which sweep the current executive out of office making the way to strengthen the protections that have so far made the Internet great.

      To me, your interpretation of the rollback of Net Neutrality as an opportunity to happily (?) pay more for an Internet fastlane is just crazy town. Maybe I'm misreading you again, here, but from the above that really seems to be what you're saying.

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