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New York Governor Signs Executive Order To Keep Net Neutrality Rules After FCC's Repeal (theverge.com)

New York Governor Andrew Cuomo announced today that he has signed an executive order that would require internet service providers with state contracts to abide by net neutrality rules, even though the FCC recently voted to repeal those rules last month. Cuomo's announcement comes a couple days after Montana's governor signed essentially the same order. The Verge reports: [Both executive orders] require service providers with contracts to abide by the widely agreed upon tenets of net neutrality: no blocking, throttling, or otherwise favoring content. But the more populous New York could now become a key battleground over net neutrality. According to the order, any service provider receiving or renewing a contract after March 1st in New York will be required to sign an agreement saying they will adhere to net neutrality principles. Major companies, including Verizon and AT&T, have signed contracts with the state. That, however, doesn't mean the executive order will stand. When it passed its repeal of net neutrality rules late last year, the FCC specifically included a provision blocking states from passing their own rules. New York, like other states that attempt similar plans, will likely face a legal challenge.

131 comments

  1. Clever way around "blocked from imposing rules" by Mike+Van+Pelt · · Score: 5, Informative

    As I read this, New York isn't imposing a rule that would run afoul of the FCC's ban on states and localities imposing rules on internet providers.

    They're just saying that neutrality is a condition of doing business with New York.

    If you don't want to do net neutrality, fine, knock yourself out, but New York will not do business with you. Your choice.

    I don't see that the FCC has a say in this.

    1. Re:Clever way around "blocked from imposing rules" by godrik · · Score: 0

      As much as I like Net Neutrality, this does not quite pass the "smell test" in my book. I really dislike attempts at bypassing a law or rule by leveraging a technicality.
      Even it may be legal, I feel like this is what is wrong with modern business practices.

    2. Re:Clever way around "blocked from imposing rules" by Anonymous Coward · · Score: 0

      They're just saying that neutrality is a condition of doing business with New York.

      which would be.... imposing a rule

    3. Re:Clever way around "blocked from imposing rules" by Anonymous Coward · · Score: 0

      "I really dislike attempts at bypassing a law or rule by leveraging a technicality." - Then you hate law, details, and hard work. That's common lately.

    4. Re:Clever way around "blocked from imposing rules" by Software · · Score: 5, Interesting

      At the risk of nitpicking, it's not a business practice, it's a government practice. The distinction is important because the courts have typically given governments broad leeway in using their "power of the purse". A good example is the 21 year old drinking age, which is not a federal law. However, the states were threatened with losing their share of the federally-allocated highway funds if they didn't enact their own 21 year old drinking age laws.

      The potential harm of traffic shaping is not something the state should ignore in its procurement processes. The ISPs who shape traffic will eventually start to throttle VPNs once customers realize they can get Netflix faster over a VPN without having to buy the "Streamer's Package" (or whatever the ISPs will call it). VPNs used by government employees working remotely will get throttled, too. So the state has a legitimate interest in discouraging traffic shaping.

    5. Re:Clever way around "blocked from imposing rules" by Ichijo · · Score: 1

      I really dislike attempts at bypassing a law or rule by leveraging a technicality.

      Are there any exceptions? For example, should unjust laws also be obeyed without leveraging technicalities?

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    6. Re:Clever way around "blocked from imposing rules" by PopeRatzo · · Score: 5, Insightful

      I really dislike attempts at bypassing a law or rule by leveraging a technicality.

      In this case, the "technicality" being leveraged is the U.S. Constitution.

      --
      You are welcome on my lawn.
    7. Re:Clever way around "blocked from imposing rules" by ZipK · · Score: 4, Informative

      which would be.... imposing a rule

      They aren't imposing a rule about doing business in the state New York, they're imposing a rule about doing business with the State of New York. The FCC didn't appear to prohibit the latter.

    8. Re:Clever way around "blocked from imposing rules" by Ol+Olsoc · · Score: 1

      I really dislike attempts at bypassing a law or rule by leveraging a technicality.

      In this case, the "technicality" being leveraged is the U.S. Constitution.

      Conservatives are all about States Rights and the Constitution.

      Except when they are paid not to be all about State's Rights and the Constitution.

      Personally, I think it's a big mistake, the Republicans messing with people's porn.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    9. Re:Clever way around "blocked from imposing rules" by PopeRatzo · · Score: 1

      Personally, I think it's a big mistake, the Republicans messing with people's porn.

      And weed.

      --
      You are welcome on my lawn.
    10. Re:Clever way around "blocked from imposing rules" by Anonymous Coward · · Score: 0

      You mean like Article VI Clause 2 of the Constitution? LOL.

    11. Re:Clever way around "blocked from imposing rules" by Anonymous Coward · · Score: 0

      Yes, until such time a challenge to the law is decided upon by the Supreme Court. If the law is ruled constitutional, it must be obeyed by everyone.

    12. Re:Clever way around "blocked from imposing rules" by Anonymous Coward · · Score: 0

      Don't worry, it's not legal. See, what a lot the constitutional scholars here on Slashdot have overlooked is this thing called the Supremacy Clause (Article VI Clause 2) and the Doctrine of Preemption. Basically, when a federal law and state law are in conflict, the Supremacy Clause says the federal law will prevail. The Doctrine of Preemption says that if there is a federal law in place, then states are preemptively prohibited from passing laws which conflict with it. Since the FCC rule has preemption language which prevent states from making their own regulations on ISP's regarding net neutrality, this action by Montana and New York is just grand-standing designed to keep the issue alive until the mid-term elections.

    13. Re:Clever way around "blocked from imposing rules" by Anonymous Coward · · Score: 0

      Pope Crapzo doesn't understand the U.S. Constitution nor does he care about it. He'll say or do whatever is against the GOP and pro DNC.

      He's that much of a sycophant.

    14. Re:Clever way around "blocked from imposing rules" by PopeRatzo · · Score: 2, Informative

      You mean like Article VI Clause 2 of the Constitution? LOL.

      That would make sense except for a couple of things:

      1) There is no "law" to be "supreme" in this case. The FCC removed a regulation, it didn't create one. So, the supremacy clause refers to federal laws being supreme, but where there is no law or regulation, the states are free to create them. Remember this language:

      "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

      2) States have been making their own regulations regarding abortion now since Rove v Wade, even though the "supreme" law of the land, aka a woman's right, can be superseded by a state regulation, you're going to have a hard time arguing against state regulation regarding which communications companies states choose to to business with.

      --
      You are welcome on my lawn.
    15. Re:Clever way around "blocked from imposing rules" by Anonymous Coward · · Score: 1

      >the FCC removed a regulation, it didn't create one.
      Obviously you're ignorant of what is in the FCC ruling. Why don't you go read it I'll wait...

      Ah, who am I kidding? Everyone knows you won't read shit.

      We conclude that regulation of broadband Internet access service should be governed
      principally by a uniform set of federal regulations, rather than by a patchwork that includes separate state and local requirements. Our order today establishes a calibrated federal regulatory regime based on the pro-competitive, deregulatory goals of the 1996 Act. Allowing state and local governments to adopt their own separate requirements, which could impose far greater burdens than the federal regulatory regime, could significantly disrupt the balance we strike here. Federal courts have uniformly held that an affirmative federal policy of deregulation is entitled to the same preemptive effect as a federal policy of regulation. 726 In addition, allowing state or local regulation of broadband Internet access service could impair the provision of such service by requiring each ISP to comply with a patchwork of separate and potentially conflicting requirements across all of the different jurisdictions in which it operates. 727 Just as the Title II Order promised to “exercise our preemption authority to preclude states from imposing regulations on broadband service that are inconsistent” with the federal regulatory scheme, we conclude that we should exercise our authority to preempt any state or local requirements that are inconsistent with the federal deregulatory approach we adopt today. 728
      195. We therefore preempt any state or local measures that would effectively impose rules or
      requirements that we have repealed or decided to refrain from imposing in this order or that would impose more stringent requirements for any aspect of broadband service that we address in this order.

      >States have been making their own regulations regarding abortion now since Rove v Wade, even though the "supreme" law of the land, aka a woman's right, can be superseded by a state regulation, you're going to have a hard time arguing against state regulation regarding which communications companies states choose to to business with.

      Man, that is probably the worst example you could have chosen, since the so-called "woman's right" was created by judicial fiat, rather than by Congress, or the Founding Fathers. But in case you don't know, states that have attempted to pass anti-abortion laws like creating burdensome restrictions on abortion doctors and what not, usually get ruled unconstitutional 9 times out of 10. Rove v. Wade.? Are you drunk?

    16. Re:Clever way around "blocked from imposing rules" by murdocj · · Score: 1

      It's not a "technicality". States clearly have a right, and probably an obligation, to lay out the terms under which they will contract for services.

    17. Re:Clever way around "blocked from imposing rules" by murdocj · · Score: 1

      What part of federal law is NY violating by laying out the rules under which that will sign contracts?

    18. Re:Clever way around "blocked from imposing rules" by murdocj · · Score: 1

      Remind me, what federal law is NY violating? They are simply laying out the conditions of contracting with the state. How does that violate federal law?

    19. Re:Clever way around "blocked from imposing rules" by PopeRatzo · · Score: 1

      the so-called "woman's right" was created by judicial fiat, rather than by Congress, or the Founding Fathers.

      The FCC regulation "preempting" states was created, not by courts, or by congress or by the Founding Fathers, but by a bureaucrat who is several Constitutional levels below a SCOTUS judge or Congress or the Founding Fathers.

      Regulations, while having the force of law, are not laws. When this goes to court, the State of New York will win.

      --
      You are welcome on my lawn.
    20. Re:Clever way around "blocked from imposing rules" by Anonymous Coward · · Score: 0

      The law that Congress passed giving the FCC its regulatory powers to set the nations communications policies. That law. Or are you questioning how regulatory agencies work in general? Did any of you Slashdotters pay attention in their junior high school civics classes?

    21. Re:Clever way around "blocked from imposing rules" by PopeRatzo · · Score: 2

      Ah, who am I kidding? Everyone knows you won't read shit.

      Speaking of reading, the EO from the governor of New York doesn't create or impose any regulation of any kind. It just states that the government of New York will not do business with any ISP that violates Net Neutrality rules.

      Those businesses are still free to do business any way they see fit, but they won't be getting the business of the State of New York. There is no language of any kind in the FCC regs that state governments MUST do business with certain ISPs, and if there were, it would be unconstitutional.

      The State of New York is the biggest customer of any ISP in the state of New York, so this is going to have the desired effect, without running afoul of any FCC pronouncements or decrees.

      Checkmate, FCC.

      --
      You are welcome on my lawn.
    22. Re:Clever way around "blocked from imposing rules" by dryeo · · Score: 1

      Is there any part of your government that doesn't? Try muttering bomb in an airport and see how far the 1st will protect you. Show up at a Federal building armed and see how far that right to be armed will get you. Those are two really simple parts of the Bill of Rights.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    23. Re:Clever way around "blocked from imposing rules" by Anonymous Coward · · Score: 0

      You didn't read the EO either.

    24. Re:Clever way around "blocked from imposing rules" by Anonymous Coward · · Score: 0

      I've spotted the Aspie!

    25. Re:Clever way around "blocked from imposing rules" by rtb61 · · Score: 1

      Sort of yes and sort of now. Regulations stay in place for access but it was distorted to allow for completely, unlimited, unequal access, to the point that some can have all, while the majority have none, this done over public infrastructure (the land upon which the service exists or the airwaves). So regulation allowing access are biased because those regulation that in the primary instance allow equal access, once control is privatised no longer allow equal access and this done with fore knowledge in the regulated access to public infrastructure. Government should not be in the business of allowing unequal access to public infrastructure, so build a service over public access (roads, footpaths, the airways) and you soundly should be required to provide equal access so as not to disadvantage any individual or group.

      --
      Chaos - everything, everywhere, everywhen
    26. Re:Clever way around "blocked from imposing rules" by Anonymous Coward · · Score: 0

      I just did, and that is exactly what it says.

      https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/EO_175.pdf

    27. Re:Clever way around "blocked from imposing rules" by Anonymous Coward · · Score: 0

      The ISP is free to conduct business in any way that it deems necessary. If it wants to offer paid prioritization, it is free to do so. if it wants to prohibit a specific app or service from trans versing its network, it is free to do so. Likewise, the state of New York is free to decline to do business with said ISP if it does not agree to is business practices. I see nothing illegal or controversial in the states EO.

    28. Re:Clever way around "blocked from imposing rules" by JackieBrown · · Score: 1

      Have you not been able to access porn anymore? Where you not able to before Obama's version of net neutrality?

      You think the left would have learned their lesson after exaggerating the impact of global warming. By the time the elections come up, no one is going to care about net neutrality because none of the extreme bad stuff will have happened. And by bracing everyone for that extreme, any small impacts will just seem minor.

    29. Re:Clever way around "blocked from imposing rules" by Anonymous Coward · · Score: 0

      And where is the State of New York located?

    30. Re:Clever way around "blocked from imposing rules" by pnutjam · · Score: 1

      wah..wah.. guns...
      amirite?

    31. Re:Clever way around "blocked from imposing rules" by RonVNX · · Score: 1

      Republicans have been screaming forever that contracts are sacred, and this is a clever way around the problem. Going forward it will be a condition of doing business with the state.

    32. Re:Clever way around "blocked from imposing rules" by Green+Mountain+Bot · · Score: 1

      It's also highly dubious that the FCC has the power to ban states from implementing their own versions of Net Neutrality. If they don't have the power to institute Net Neutrality themselves (not an argument I buy, but an argument presented by Pai's defenders), then they certainly don't have the power to dictate what states can or cannot regulate themselves.

    33. Re:Clever way around "blocked from imposing rules" by Green+Mountain+Bot · · Score: 1

      There is no legal basis for the bolded. The FCC is authorized to regulate communications companies. They are in no way authorized to regulate states. Simply put, that sentence is worth less than the electrons needed to display it on your screen.

  2. NY Cali MA etc by plague911 · · Score: 0

    are going to have to pick up the slack that the federal government is abdicating. I don't really care that the savage fucks in the south don't really want a government, we do. For now well have to maintain civilization on state by state basis until we resubjugate the south. Unfortunately doing so will negate much of the economics of scale that the Federal government could achieve, but state by state civilization on the coats is better than the no civilization advocated by those anarchic lunatics.

    1. Re:NY Cali MA etc by SlaveToTheGrind · · Score: 1

      pick up the slack that the federal government is abdicating . . . maintain civilization on state by state basis . . . those anarchic lunatics.

      The irony is strong with you.

    2. Re:NY Cali MA etc by Anonymous Coward · · Score: 0

      the stupid is strong with you.

      how you equate a difference of opinion in regards to regulation as someone not wanting government at all tells me you don't have enough logic to carry on a reasonable conversation of any kind with.

      I wonder when you are going to pack your bags and leave since you hate America so much.

    3. Re:NY Cali MA etc by Anonymous Coward · · Score: 0

      Just take away the government granted monopolies so I have a choice in ISPs.

      You can't have your cake and eat it too.

    4. Re:NY Cali MA etc by bobbied · · Score: 5, Insightful

      In my view of the US constitution... This is EXACTLY how it should work....

      As I recall the 10th amendment is pretty clear about this. States need to take back their power and tell the Fed where to get off with all their locally applied regulations....

      Not that I'm defending NY's decision here. I think they are being stupid... I'm just agreeing that they have the right to do this if that's what their voters want.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    5. Re:NY Cali MA etc by plague911 · · Score: 1

      It is how the Constitution is setup. For good or for bad state's rights enable each state to regulate when the Fed fails to do so. Unfortunately this balkinization also causes massive problems for national/international organizations. This was simply not a problem when the Constitution was written. With additional rules being put in place by each state, at best they will supplement each-other, at worst they can directly contradict each-other. Now each ISP has to comply with each states net neutrality regulation in an ever growing quagmire of bureaucracy.

      To see an older example of this cluster fuck balkinized bullshit look at the state by state sales taxes and how shit is all fucked up for internet taxation, for decades creating a uneven playing field that fucked small and mid sized organizations in favor of the truely massive who could game the system. http://money.cnn.com/2017/03/2... .

      This all could have been avoided if the anti-government savage leaders even bothered to list their anti-government savage followers. http://thehill.com/policy/tech... . Even the most savage of people had to admit that net neutrality was a good thing.

    6. Re:NY Cali MA etc by plague911 · · Score: 1

      ISPs are natural monopolies if the infrastructure is not nationalized or opened to the public by regulation. The only thing is unlike with any other natural monopoly the price/quality of the good is not controlled by regulation.

    7. Re: NY Cali MA etc by Anonymous Coward · · Score: 1

      Except, of course, the Internet clearly being an interstate commerce mechanism, and this being a deliberate interference in interstate commerce.

    8. Re:NY Cali MA etc by bobbied · · Score: 1

      I don't agree. I think the framers did a masterful job with their design and it would work fine today if people understood how this worked and let it happen. The federal government was supposed to be limited in size and scope and focused on things like national defense, international treaties and the like but we have let it grow into an all powerful unifying entity that directly impacts state and local government operations though "grants" and attached regulations which has blown it all out of proportion to its original design. This is not how it's supposed to work. It's supposed to be limited, in scope and size, leaving the bulk of the regulation to the state and local governments who are closer to the people and the things they are regulating. The framers where right.

      However, if you don't like it this way, you are going to need to get the constitution modified to account for your perceived issues. What would be your proposed amendment?

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    9. Re:NY Cali MA etc by Obfuscant · · Score: 1

      ISPs are natural monopolies

      Please stop spouting this nonsense. ISPs are not monopolies. When you can find 8 different companies all selling service in the same area, it isn't a natural, unnatural, or any other kind of monopoly.

      What IS a natural monopoly are certain forms of delivery of ISP services. Cable and telco are natural monopolies. But since "ISP" and "cable" are not synonyms, the latter does not create a monopoly status on the former.

    10. Re:NY Cali MA etc by plague911 · · Score: 1

      The delivery mechanism when owned by a private entity and unregulated chooses to become a monopoly on the ISP end. Thus the ISP portion is part of the natural vertical and horizontal monopolistic entity.

    11. Re:NY Cali MA etc by Obfuscant · · Score: 1

      The delivery mechanism when owned by a private entity and unregulated chooses to become a monopoly on the ISP end.

      That's what I said. There are certain forms of DELIVERY that are natural monopolies just because of the cost of the infrastructure. That does not make "ISP" into "natural monopoly".

      Thus the ISP portion is part of the natural vertical and horizontal monopolistic entity.

      THAT ISP using THAT DELIVERY MEDIUM has a natural monopoly on THAT DELIVERY MEDIUM. If you haven't noticed, there are more available media than just "cable" and "telco".

      "One ISP has a monopoly on cable delivery of internet service" is NOT THE SAME as "ISPs are a natural monopoly."

    12. Re:NY Cali MA etc by Ol+Olsoc · · Score: 1

      In my view of the US constitution... This is EXACTLY how it should work....

      As I recall the 10th amendment is pretty clear about this. States need to take back their power and tell the Fed where to get off with all their locally applied regulations....

      The problem is that the people in power right now, will scream bloody murder about state's rights when it suits them. This of course is because they have managed to figure out a way to get elevted by the voters, while actually working for their corporate overorlds who pay the baksheesh to do their bidding. But now they are all about the power of the Federal Government.

      At present, they are getting hoist by their own petard. This current situation, Where Montana, New York, Vermont, Colorado, and California, have flipped a big middle finger to the Powers that be is actually pretty fascinating. And more will join.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    13. Re:NY Cali MA etc by plague911 · · Score: 1

      I actually like you response annnd I actually think the Constitution was just relatively good as written for when it was written. The problem is we have not done it anything close to justice by adequately maintaining it since then by utilizing its own self correcting mechanisms. We have the large population, economical vibrant, and educationally well endowed states which have recognized and want to leverage the economics of scale of a unified economic,social, and infrastructural system, and a smaller,subsistence level economic locations which want to plug their ears, remain isolated and agrarian, and pretend that 1787 dosent need an update. Unfortunately the legislative systems we have in place were written with the explicit purpose of bribing the philosophic/if not geological ancestors of the current subsistence advocates into joining the union who just by (sarcasm) chance happened to be the slave dominated agrarian economies. As such the bribe they required to um join the union, was that the Constitution be written to disproportionately benefit their agrarian feudal societies by giving them disproportionate voting rights codified by senate representative system and a Constitutional update vote where each state gets the same vote independent of population. As such this feudalistic,slave promoting, under educated group has been refusing to update the Constitution since day 1. From the bill of rights, to the end of slavery to the implementation of prohibition to the removal of prohibition the agrarian advocates have always been on the wrong side of history and leveraged their disproportionate voting power to hold back needed and in retrospect nearly-universally respected reform.

      Ideal solution to keep the US together? Ban gerrymandering, ensure roughly equal representation per person, remove states rights for anything that federal regulation is required to ensure economics of scale

      Realistic solution? There is none. We are headed for another civil war because because the two frameworks are irreconcilable and the feudalistic states will abuse the system to keep as much power as they can.

      The southern states are beat, population, economic and militarily, but they have the legislative system which gives them more power. That outsized power is unsustainable and will end worse for them than Sherman's march but the whole nation will suffer.

    14. Re:NY Cali MA etc by plague911 · · Score: 1

      "If you haven't noticed, there are more available media than just "cable" and "telco"." No there are not, . Webpass and cellphones are not viable solutions for general population broadband.

    15. Re:NY Cali MA etc by ShanghaiBill · · Score: 1

      you can find 8 different companies all selling service in the same area

      Where?

    16. Re:NY Cali MA etc by Anonymous Coward · · Score: 0

      That Fed Gub'mnt we southron folks don't like gets shoved right up yo yankee-azzwhole so far and so hard you'll think you spend the last month in SanFran. Fucxker !

    17. Re:NY Cali MA etc by Obfuscant · · Score: 1

      "If you haven't noticed, there are more available media than just "cable" and "telco"." No there are not,

      Your ignorance also does not convert "ISP" into "monopoly."

    18. Re:NY Cali MA etc by Obfuscant · · Score: 1
      The city in Colorado that just passed the city council resolution putting the city into the internet business, for one. I don't recall the name of the city, but I remember looking for ISPs there and found 8 different residential ISPs, and 8 business ISPs, and the two lists were not identical. That makes more than 8 ISPs all for that one city.

      I've counted about five in the city where I live.

    19. Re:NY Cali MA etc by Anonymous Coward · · Score: 0

      Yo we's niggas gonna come down Souf an' push ova all ya'lls raceest statues Don' make me come ova there bitch...

    20. Re:NY Cali MA etc by dryeo · · Score: 1

      Does the system that was invented close to 250 years back really make sense now? It has already led to a pretty brutal war due to the States wanting to do different things.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    21. Re:NY Cali MA etc by bobbied · · Score: 1

      If your view is political power and controlling everything, then I can see someone thinking like you do.

      The problem though is many republicans are not enamored with obtaining political power for the federal government and fully understand what that means to their ability to control everything. When we preach "states rights" we mean it. If California wants to be a liberal wasteland of failed utopian policies and high taxes, so be it. IF Texas wants low taxes and conservative government, so be that too.

      For example. Remember that Trump sad about abortion and Roe/Wade? He said it was bad law and should be overturned, right? Then they asked him how that would effect the country and he said (and I paraphrase) "Then the decision about abortion would be left to the states to decide."

      This is the way it was designed to be done and the framers had a reason for this. We've subverted it by ignoring the designed in limits on Federal power and are paying the price for our error. Republicans recognize this, and are indeed pushing for a form of government that gives them less power. You should welcome this..

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    22. Re:NY Cali MA etc by bobbied · · Score: 1

      And what was that war about in the 1860's? The counting of slaves verses freemen in the north and south?

      We've gone far away from our founding design and I believe this is not a good thing. Where the Federal government is properly charged with enforcing the constitution and civil rights within our borders, we've long ago left ideal of limited government where the power is left to the states and the people.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    23. Re:NY Cali MA etc by bobbied · · Score: 1

      Ah, so I take it you think an all powerful central government is just the ticket then?

      I see your views as an attack on our founding principles as well as our founder's wisdom in their choices for how our government was designed to work. I strongly disagree with your conclusion that our form of government is somehow old fashioned and thus ineffective.

      I believe that the actual problems of government haven't really changed in thousands of years and as such the most effective form of government remains the same. I don't think mankind has changed or the things we need government for are any different. As such, I think the founders recognized this truth and designed a system of government that addresses the real problems we need government for. They invented a solution that isn't about the means of government (the laws and functions of it) but a system of government that allows the control of the means to be by the people. We have abandoned this principle because of thoughts like yours, and we do so at our peril.

      I suggest you read the debates about all this in the Federalist papers. This was well debated and our system well thought out and quite brilliant when you understand the actual reasons for things, information sorely lacking in most civics classes these days.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    24. Re:NY Cali MA etc by pnutjam · · Score: 1

      How many of those serve any specific address. I'll bet you find it's not many.
      I have a choice of two, but I live in a downtown apartment in an urban area.

    25. Re: NY Cali MA etc by Green+Mountain+Bot · · Score: 1

      The internet itself is interstate. The provision of its service is not - it is very specifically local.

    26. Re:NY Cali MA etc by plague911 · · Score: 1
      "Ah, so I take it you think an all powerful central government is just the ticket then?" Not by my thought but I imagine you would consider it one.

      "I see your views as an attack on our founding principles as well as our founder's wisdom in their choices for how our government was designed to work. I strongly disagree with your conclusion that our form of government is somehow old fashioned and thus ineffective."

      You imply that the founding fathers were some kind of homogeneous group. This debate has been raging since before the nation was even founded. The acquiesce to the states rights fanatics directly caused our first nation under the Articles of Confederation to completely fall apart. Even then those fanatics failed to see the abject failure of their ideas and only signed onto the Constitution after incredible political bribery thus ingraining their power as stated above. At that point as in today, the stronger US powers disagreed. However, in the revolutionary war era the Federalist states were not powerful enough to stand alone in the world and needed the help of the less powerful but still vital states.

      Ever since then those states rights locations have been on decline to this point in history where they are currently essentially third world countries compared to the modern pro-centralized states.

      If state's rights anti-federalism were somehow a bulwark against oppression you would assume at least at one point in our history that we would have a bloom of freedom coming from them. Instead at each and every epoc in our history the federalist locations had to reach down and force the rural agrarian states from oppressing the shit out of people.

      From the bill of rights, to the right of women to vote, to the rights of minorities to vote, to the end of slavery, to the civil rights movements, the same anti-federalist groups and locations have fought for repression. Each and every time the federal government had to reach down and end their oppressive actions.

      The statistics are in, from an economic point as measured by GDP growth ant-federalism is a failure, from a social point as measured by advocating for general freedom anti-federalism is a failure, The situation got so bad we had to kill the fanatics during the civil war, unfortunately my guess is that the lesson was not learned and this will repeat itself soon. The anti-federalism strain is the greatest evil at the core of our nation, not though direct malice but by ignorance of the historical proof that it causes needless suffering by restraining the nation from fixing our great problems. We get there, but in each and every time the anti-federalist efforts have caused suffering by slowing the process.

    27. Re:NY Cali MA etc by bobbied · · Score: 1

      All the Federal actions you point to are part of it's valid function of enforcing the bill of rights.. However, the bill of rights has little to do with the bulk of the Federal government.

      How do you justify "The Department of Energy" or "Department of Education" and how they meddle with what the states can and cannot do? The EPA has grown WAY beyond any kind of constitutionally limited part of the Federal government. How is the Federal government even involved in things like welfare and Medicaid from a constitutional perspective?

      My point isn't that ALL power rests with the states, only that the majority of what the Federal government does today with the exception of defense, measured both by dollars and people is really outside the constitution's frame work our founders provided us. We've allowed expediency to drive us towards a government which is too big, too expensive and too involved in things best left to the states.

      Also, Capitalism is enabled by smaller government and I have news for you about the numbers. When you remove oppressive regulations, the economy grows. Don't believe me? What's the last 9 months mean to you? Anti-Federalism seems to be working great for Trump's administration.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    28. Re:NY Cali MA etc by Ol+Olsoc · · Score: 1

      If your view is political power and controlling everything, then I can see someone thinking like you do.

      The problem though is many republicans are not enamored with obtaining political power for the federal government and fully understand what that means to their ability to control everything.

      Just who are these many Republicans? As a person who used to vote 75-80 percent Republican, I have not seen any of that for a long time. The Republican Party is the Party of Donald Trump, and do not deny it. Trump had a record number of votes for any Republican candidate ever. This is the person the Republican Party wanted and elected. He represents the views of the majority of Republicans.

      When we preach "states rights" we mean it. If California wants to be a liberal wasteland of failed utopian policies and high taxes, so be it.

      And you preach a balanced budget too. That's pretty amusing. And tell ya what - as a Goldwater conservative, I can tell you there are words and there are actions. And personally I would take a liberal wasteland over the party of pedophiles, russian collaborators, and payoffs to porn stars that Republicans actively support. I wouldn't like it, but the present party is running on deep abiding hatred. I mean I was apalled with Bill Clinton's behavior, but Republicans simply do not care thet their leader seems to have teh morals of an alley cat, has paid a pornstar for silence over an ongoing affair and still support the man they voted for and who represents their beliefs. A model of moral consistency you have ot admit.

      Republicans recognize this, and are indeed pushing for a form of government that gives them less power. You should welcome this..

      I would welcome actual work in that direction, but you seriously don't believe these folks do you? Never ever believe a person who wants a job that says he wants to have less power or that wants to get rid of the job.It just isn't in the nature of people who want to lead.

      There is a lot of money that is passing into politician' hands these days, and just like power, few people actively seek to become poorer.

      The biggest problem with the Republican Party is that since the Clinton administration it has taken a hard right turn, and after th ecountry had the nerve to elect a president "that doesn't look like us!" they have gone off the rails, culminating in our present situation.

      As my boy Barry said - "I do not undertake to promote welfare, for I propose to extend freedom. My aim is not to pass laws but to repeal them." That would seem to argue against my premise, but here's the kickers that got him into trouble

      The big thing is to make this country... quit discriminating against people just because they're gay. You don't have to agree with it, but they have a constitutional right to be gay. ... They're American citizens.

      You don't have to be straight to be in the military; you just have to be able to shoot straight.

      A woman has a right to an abortion. That's a decision that's up to the pregnant woman, not up to the pope or some do-gooders or the Religious Right.

      Finally the ideologial core of the 2000's version of the Republican party.

      "Mark my word, if and when these preachers get control of the [Republican] party, and they're sure trying to do so, it's going to be a terrible damn problem. Frankly, these people frighten me. Politics and governing demand compromise. But these Christians believe they are acting in the name of God, so they can't and won't compromise. I know, I've tried to deal with them."

      This is your problem, As a Republican, you want some life or death power over citizens, and you will brook no compromise.

      I don't agree with everything My boy Barry said, but I respect him. And there sure as hell aren't many Republicans like him any more, after Gingrich started demanding they walk in locks

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  3. Abuse by markdavis · · Score: 1, Flamebait

    Regardless of your stance on Net Neutrality, this looks to me to be a clear abuse of the "executive order." We have legislative branches for such things.

    1. Re: Abuse by Anonymous Coward · · Score: 0

      About the ISP dealing with the state

    2. Re:Abuse by Anonymous Coward · · Score: 1

      This is also the state that passes laws in the middle of the night so you won't have to deal with that pesky opposition.

      http://www.syracuse.com/news/index.ssf/2013/03/state_emergency_gun_law.html

    3. Re:Abuse by Impy+the+Impiuos+Imp · · Score: 1

      Yes both sides are guilty of massive use of situational ethics, finding value in a principle if it supports a predetermined political position, and abhoring it if it does not.

      See also the swap between sides on the protracted use of a special prosecutor. Republicans now find it a waste, instead of dragging it on and on, as they did under Clinton. And the reverse, where Democrats decried the waste of $50 million (in a budget of trillions) but now have no problem with it.

      Here, some now want states to be able to override the golden child of power growth, interstate trade regulation. Guess who is on opposite sides now?

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    4. Re:Abuse by Anonymous Coward · · Score: 0

      Wow, ignorance, stupidity and hyperbole all in one post. I think we found the Trump voter.

      First: Executive power was put in place by an act of congress. You call it "abuse" because you don't like it, and that's your only criteria.

      Second: Your beloved pedophile in chief has put all his corporate friends at key positions in Washington. Last time I checked, he was a republican.

      Third: If the "arm twisting" you're refering to was at a "soviet level", then someone would already be dead of Polonium poisoning.

    5. Re:Abuse by Anonymous Coward · · Score: 0

      Yes, comrade, now we drink.

    6. Re:Abuse by markdavis · · Score: 1

      >Democrats do not care about abuse of executive power or legislative branches. Unless they can use it to empower themselves and enrich their corporate friends.

      I believe BOTH parties abuse executive power, and more specifically the "executive order." BOTH parties spend too much. BOTH parties enrich themselves. BOTH parties erode civil liberties (just differently) and trample the Constitution. Welcome to our two-party system!

      https://en.wikipedia.org/wiki/...

      If you want it to change, we have to get some type of ranking voting system in place. http://www.fairvote.org/

    7. Re:Abuse by HiThere · · Score: 1

      I'm not familiar with the New York government (This is the state rather than the city, right?), and perhaps it should be an action by the state legislature. But as far as I know states normally have the right to decide what the terms of doing business with them are, so the order seems reasonable. Still, you may be right that it should have come from the legislature. This is not clear to me, as often the executive branch is allowed to decide such matters subject to being overruled by the legislature.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    8. Re:Abuse by Obfuscant · · Score: 1

      But as far as I know states normally have the right to decide what the terms of doing business with them are,

      State government is a big enough customer that they shouldn't be buying ISP services from the home ISP providers anyway. Nobody in state government should have a comcast.net email address.

    9. Re:Abuse by Ol+Olsoc · · Score: 1

      Yes both sides are guilty of massive use of situational ethics, finding value in a principle if it supports a predetermined political position, and abhoring it if it does not.

      See also the swap between sides on the protracted use of a special prosecutor. Republicans now find it a waste, instead of dragging it on and on, as they did under Clinton. And the reverse, where Democrats decried the waste of $50 million (in a budget of trillions) but now have no problem with it.

      Here, some now want states to be able to override the golden child of power growth, interstate trade regulation. Guess who is on opposite sides now?

      I've long noted that the historical blowjob impeachment would eventually come back to haunt the party of the high moral ground. The big issue being the difference between Ken Stars's throwing shit against the wall to see what sticks, and an actual criminal investigation that has already brought convictions

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    10. Re:Abuse by PrimaryConsult · · Score: 1

      And in a fantastic role reversal, another dead-of-night legistlation deal, in 2012 Democratic Governor Cuomo went to extraordinary lengths to woo the Republican legislature (he allowed them to gerrymander the districts) to pass his "Tier 6" retirement plan, which massively gimped future public employee pensions. News article: Tier 6 Passes Assembly. The article reads like the twilight zone. In NYS, the Republicans are pro-union and the Democrats are the Scott Walkers. Keep in mind the NYS pension has no opting out, or option (for most) to use a matched 401k instead. The state comptroller (also a democrat) point blank told the governor that the pension fund was already projected as fully funded with the Tier 5 changes that were instituted in 2010 which fixed the glaring problems with the pension system (people contribute forever instead of only 10 years, retirement age raised by 7 years, overtime limits installed). Everything Cuomo added was convoluted nickel-and-dime shit, pages and pages of new rules and exceptions, removing incentives to get promotions, raising the retirement age by one year, tying things to his salary, doubling contribution rates, and yet somehow managed to create a new way of gaming the system - the old system reduced percent increases to 1.5% per year after 30 years. The new law forgot this and left it at 2%. It is now possible for someone to live / work long enough to receive a pension over 100% their final salary. Great job pushing that one through!

    11. Re:Abuse by Anonymous Coward · · Score: 0

      Democrats do not care about abuse of executive power or legislative branches. Unless they can use it to empower themselves and enrich their corporate friends.

      They do not care about "net neutrality". They care about increasing their power at your expense.

      The goal here is to get ISPs and corporations to fund their reelections and PACs. Democrats in NY state have taken arm twisting to a Soviet level.

      That's right.

    12. Re:Abuse by PrimaryConsult · · Score: 1

      The only reason I can see the legislature needing to get involved is if there's procurement laws that contradict the order. For example, things like "must pick the cheapest of 3 bidders". Even then, in the interim the theoretical net neutrality violating company would lose the state contract and have to fight it in court, which could take over a year. So not only are they not getting income from the state contract, but they're now paying lawyers and legal fees. In the meanwhile, the new contract winner has purchased and installed their equipment, a cost which was baked into the contract. Once neutrality violating company wins the legal battle, the contract goes out for bid again. The guys who got in in the interim, unless they're morons, will be able to handily underbid the other guys simply because the capital expenditures have already been made, installations completed, etc. It's just the incremental cost of keeping the lights on for another few years, versus a new install.

    13. Re:Abuse by Anonymous Coward · · Score: 0

      > historical blowjob impeachment
      He lied under oath, moron. That's why he was impeached.

    14. Re:Abuse by Dragonslicer · · Score: 1

      I'm not familiar with the New York government (This is the state rather than the city, right?), and perhaps it should be an action by the state legislature.

      You think the legislature should be involved in every detail of contract negotiations between the state and private companies? If that were the case, the legislature wouldn't have time to discuss and pass actual laws that need to be handled. Granted, in some cases that would be a good thing, but overall I think it would be better for the legislature to spend time on laws instead of details of execution of the laws.

    15. Re:Abuse by Anonymous Coward · · Score: 0

      It seems pretty clear to me that the executive branch should have discretion over which companies to award state contracts to as long as any laws pertaining to the matter are otherwise followed (and the field of competition is fair and open to prevent corruption [which is a problem in NY state]).

      So I'd say that the governor is on solid ground here. If the legislature gets jealous of the attention they could codify it into a law as well.

  4. Clever, and it doesn't violate the FCC's rules. by SilverBlade2k · · Score: 5, Interesting

    This isn't a law that undoes the FCC ruling.

    It basically says that if ISP's want to do business with the state and wants their contracts, Net Neutrality is one of the agreements.

    ISP's have a choice if they want those contracts or not. And there's NO law anywhere saying that State governments absolutely must do business with the ISP's. No such law can exist because that would be immediately squashed in court.

    1. Re:Clever, and it doesn't violate the FCC's rules. by Anonymous Coward · · Score: 0

      Fine with me. Fuck Trump and his lapdog Pai.

    2. Re:Clever, and it doesn't violate the FCC's rules. by guruevi · · Score: 1

      All this means is that "TWC Business Services LLC" must provide net neutrality to it's customers. Charter Communications LLC does not provide contracts for government/educational organizations and neither does TWC Business Services LLC provide residential internet services.

      --
      Custom electronics and digital signage for your business: www.evcircuits.com
    3. Re:Clever, and it doesn't violate the FCC's rules. by Anonymous Coward · · Score: 0

      It actually does violate the FCC ruling. There's language in it that preempts any state action for establishing their own net neutrality regulations.

    4. Re:Clever, and it doesn't violate the FCC's rules. by SilverBlade2k · · Score: 3, Informative

      It actually does not.

      It doesn't say that 'All ISP's MUST honor Net Neutrality" It says "Any ISP that wants a state contract must honor Net Neutrality."

      The ISP's are free to choose if they want a contract with the state or not. It doesn't force them into it.

      And the ISP's really can't go to the FCC or the Federal Government and say "Those people don't want to do business with us, make them!" No body can ultimately be forced into business with anyone else. Even if the ISP's try to file a lawsuit, it'll be thrown out, as a judge can't say "You must do business with this party" It's clearly against States Rights, and it opens up a massive can of worms that no one wants opened.

    5. Re:Clever, and it doesn't violate the FCC's rules. by Anonymous Coward · · Score: 1

      The states did not impose NN rules. The ISP's are free to conduct business as they wish. The states are free to decline to do business with said ISP's if they do not like their business practices. i see nothing to be litigated.

    6. Re:Clever, and it doesn't violate the FCC's rules. by Merk42 · · Score: 1

      TWC and Charter merged to become Spectrum. Are "TWC Business Services LLC" and "Charter Communications LLC" even things anymore?

    7. Re:Clever, and it doesn't violate the FCC's rules. by guruevi · · Score: 1

      Spectrum is the brand name, TWC Business Services LLC and Charter Communications LLC are subsidiaries of Charter Communications Operating LLC. They have a BUNCH of subsidiaries, even as specific as Long Beach LLC and numerous other subsidiaries that operate very small geographical areas (probably to avoid legal scrutiny reserved to larger ISP). So legal-technical speaking, your "business" Spectrum is quite different from your "residential" Spectrum, I work with both regularly and they have different branding, the technical services can't even transfer you between the two.

      --
      Custom electronics and digital signage for your business: www.evcircuits.com
  5. Re: Capricious contractual clauses by Anonymous Coward · · Score: 0

    Finally someone sees it for what it really is.

  6. Re:Another part of the USA by Gravis+Zero · · Score: 1

    Want new, innovative competition in broadband services consider states and parts of the USA with less telco bureaucracy and rules.

    Would those be the same states that still don't have internet to rural areas?

    --
    Anons need not reply. Questions end with a question mark.
  7. Cuomo is a Grandstanding Tool by RobotRunAmok · · Score: 3, Insightful

    We endure him in New York, bust just barely. It does not matter if there can be no legal teeth to his pronouncements, everything he does is about relaying a carefully focus-grouped sound bite or photo op. His stances on various issues have routinely "evolved" as the political winds have shifted during his career. He is the poster child for everything that is wrong with American politics: descended from political royalty, with the commensurate sense of entitlement, absolutely no moral compass or POV on anything that has not been vetted by pollsters, and a clear and unabashed tie-in to the media.

    1. Re:Cuomo is a Grandstanding Tool by Anonymous Coward · · Score: 0

      Seems to me everything he does/says is to increase any possibility of getting elected president. The NY Gov job is just a stepping stone to his ultimate aim. He and his father were never fools when it comes to playing the political game.

    2. Re:Cuomo is a Grandstanding Tool by Anonymous Coward · · Score: 0

      ... descended from political royalty ...

      Politicians are meant to listen to the voters. If Mr Cuomo was born dictating orders, then any attempt listening to the people is a step in the right direction.

      ... sense of entitlement ...

      Never having to earn anything means, they don't know the personal sacrifice required for anything, not even the daily bread. So they don't know what people want, or what limits those people place on greed, selfishness and self-righteousness.

      ... absolutely no moral compass ...

      Alas, individuals tend not rise to power because they want to save the people, and any individual that does, tends to be more scary than a regular back-stabbing, political psychopath. Politicians believe they can be the best leader and demand everyone support their self-importance.

    3. Re:Cuomo is a Grandstanding Tool by Dragonslicer · · Score: 1

      His stances on various issues have routinely "evolved" as the political winds have shifted during his career... absolutely no moral compass or POV on anything that has not been vetted by pollsters

      A lot of people complain about politicians like this. Since the US is theoretically a democracy, though, isn't it a positive trait for a politician to follow the will of their constituency? Don't we want politicians that pay more attention to the voters than to the donors?

    4. Re:Cuomo is a Grandstanding Tool by RobotRunAmok · · Score: 1

      We may theoretically be a democracy, but we are in fact a representative republic. We elect people we believe will vote the way we would vote on any given issue, in order that every single little matter doesn't require every citizen to go to the ballot box. We base our opinion, in part, upon the politician's character as evinced by his public voting record and statements.

    5. Re:Cuomo is a Grandstanding Tool by Anonymous Coward · · Score: 0

      I'm with you on this, I would prefer that those I elect would continue to seek guidance from their constituents.

    6. Re:Cuomo is a Grandstanding Tool by Anonymous Coward · · Score: 0

      This guy is our Trump: someone so embarrassing that it makes me ashamed to be a member of my party. Even though I'm a liberal Democrat, I just quiver whenever I hear Cuomo talk. I can't emphasize enough what a bad thing he is for our Country. I have personal experience where my company fell out of favor with the Cuomo Administration. They were taking the wrong approach on some energy issues, and we "dared" to explain how why he was wrong. It's not to say that we were absolutely right or wrong -- but we were being reasonable participants in designing energy policy. The response was swift and furious -- not a reasoned policy discourse -- but a full frontal attack on us that got very nasty, very personal, and had nothing to do with the underlying policy disagreement.

      We have literally stopped investing new capital in New York. Sure, we're too greedy to entirely stop doing business in New York, but it's come pretty close. Instead, we just ride what little momentum is left in the business, with the idea of letting it fold after Cuomo finishes destroying the state's energy infrastructure. He is completely uninterested in the "right" answer or actually getting anything done. Instead, everything is about checking off a political sound-bite so that he can run for president in 2020.

      Posting as an AC for obvious reasons -- and because he really is that much of a vindictive son of a bitch.

    7. Re:Cuomo is a Grandstanding Tool by Anonymous Coward · · Score: 0

      We don't listen to his statements at all, they are pure bullshit. What counts is his backstage wheeling and dealings, and his blatant passing out of our tax money to buy votes.

      Time to drain the swamp in Albany, starting with the top.

    8. Re:Cuomo is a Grandstanding Tool by Dragonslicer · · Score: 1

      If a politician changes the way they vote on certain matters so that you no longer agree with their positions, then you can and should vote for somebody else in the next election. That's the way representative government works.

      Note that I'm assuming that you mean changes over time based on changes in public opinion. A politician who makes statements during a campaign and immediately goes against those statements when they're elected is a different issue.

  8. Re: Clever way around "blocked from imposing rules by Anonymous Coward · · Score: 0

    Chances are NY is doing it under threat of withheld federal aid.

  9. Eons ago... (2001) by WoodstockJeff · · Score: 1

    ... Federal, state and local governments negotiated contracts with vendors to give their traffic priority, for "public safety" reasons. Now they want to put in place rules that forbid that... Seems political expediency is more important than public safety now.

    1. Re:Eons ago... (2001) by Obfuscant · · Score: 1

      Federal, state and local governments negotiated contracts with vendors to give their traffic priority, for "public safety" reasons.

      Interesting point. Is New York an adopter of FirstNet? If so, then they're going to have internet for first responders that has priority over normal consumers.

  10. Re:Another part of the USA by Anonymous Coward · · Score: 0

    Innovative:
    I'm on the south side of my street, and get 500Mb down/50Mb up for $80/mo

    Not Innovative:
    A few hundred feet north, the only option offered is 10Mb down, 1Mb up.

    The innovative side has upped its pipe, but not service area in the last two years (WOW), whereas Comcast (the north side) has stayed in the 90s/Early 2000s.

    One of the few times I'm proud to be south.

  11. Re:Capricious contractual clauses by Anonymous Coward · · Score: 0

    It's a capricious contractual clause, that contributes nothing to the service provided in the contract

    Prohibiting throttling or traffic shaping or favoring of some content over other contributes nothing to the service provided by an ISP?

  12. again by Anonymous Coward · · Score: 0

    ...with state contracts...

    Like Montana, how do New York state residents benefit?

  13. Re:Another part of the USA by HiThere · · Score: 1

    Rural areas? Last I checked some of them didn't have anything beyond dial-up even in the cities. (Well, that was well over a decade ago, but I'm talking about South Dakota.)

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  14. Re: Clever way around "blocked from imposing rules by Zero__Kelvin · · Score: 1

    Except in this case it is what is right.

    --
    Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
  15. Re:Another part of the USA by drinkypoo · · Score: 1

    Would those be the same states that still don't have internet to rural areas?

    Which states aren't those? I can get internet, but I can't get it on a wire. People at both ends of the road I live on are being offered gigabit cable now, and I'm paying $99/mo for 6 Mbps.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  16. Re: Capricious contractual clauses by Anonymous Coward · · Score: 1

    Wrong.
    What has been so far accomplished by Net Neutrality, as weak as it has been so far, is prevent ISPs from continuing the worst of the anti-consumer stunts they have tried.
    You would probably be paying extra to your ISP to stream each and every web video provider othewise.
    If Comcast and the like had their way you would be watching 480p Netflix or Hulu with your basic internet service.
    Oh, you want Hulu in 1080p?
    That package costs you an extra $20 a month on your Internet package.
    Netflix in HD too? Another $20 added to your Comast bill.

  17. Re:Capricious contractual clauses by Anonymous Coward · · Score: 0

    It's a capricious contractual clause, that contributes nothing to the service provided in the contract, and is therefore a violation of most states purchasing laws. If imposed with federal money, it would be a violation of whichever appropriations act authorized the money.

    And let's be honest. Nothing about this stunt from Obama or Cuomo did anything for what you and I believe is net neutrality; it was merely a populist stunt camouflaging the application of CALEA to ISPs.

    -1 for stating an opinion that is neither inflammatory or trolling. No doubt modded that way by net neutrality supporters.

  18. Re: Clever way around "blocked from imposing rules by Anonymous Coward · · Score: 0

    Just remember, he was behind the attack on Usenet. https://m.slashdot.org/story/103987

  19. Re: Clever, and it doesn't violate the FCC's rules by Anonymous Coward · · Score: 0

    He has manhandled ISPs before. https://m.slashdot.org/story/103987

  20. Re:Capricious contractual clauses by Anonymous Coward · · Score: 0

    Obama lost, GET OVER IT!

  21. Re:Capricious contractual clauses by Anonymous Coward · · Score: 0

    Contracts with the state already come with SLA's. Does nothing for the rest of the state populace, though.

  22. Continuation of the US Civil War by Anonymous Coward · · Score: 0

    The states lost much power to the federation after the civil war. With actions like these, the states are clawing back power over their own affairs and trade that they are supposed to have under the constitution.

  23. Hmm. by Anonymous Coward · · Score: 0

    If the left hadn't gone completely insane I probably would've supported net neutrality, isn't that weird? I valued free speech to the point that I left Reddit in favor of 8chan - eventually I wound up on /pol/. I've got a better grasp on reality now but I've certainly lost friends - they recoil in horror when you pubicly reject the popular dogma. Lately I've found myself hating the left so much, hating the anti-male anti-white agenda, that I'm willing to hurt myself to hurt you.

    1. Re:Hmm. by Anonymous Coward · · Score: 0

      Yeah, that is weird. A rational person judges a particularly policy on its own merits. A reactionary moron judges it instead based on their myopic perception of another part of the political spectrum.

  24. Re: Clever way around "blocked from imposing rules by Anonymous Coward · · Score: 1

    No he doesn't. He just prefers the "spirit of the law" to supersede the "letter of the law" when it comes to legal matters. (Many countries in Europe do it that way: if in doubt about the intention of a law, the judge goes through the work that went into producing that law to check.)

  25. Re: Capricious contractual clauses by JackieBrown · · Score: 1

    I don't believe any of what you wrote would have happened but I believe you believe it.

    It amazes me that people think "Thank God the government stepped up and forced my ISP to delivery me 1080p content." As someone older - but not that old - it just amazes me the role people feel government should have in their lives.

  26. This is how democracy dies. by Anonymous Coward · · Score: 0

    The US elected a goverment to SHUT DOWN so called "net nutrality". This run around the justly enacted law is exactly how democracy dies and it is no surprise the coup is being led by Saudi financed Clinton-Soros associated liberal leftist politicans.

  27. 10th Amendment by Anonymous Coward · · Score: 0

    The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

  28. Re:Capricious contractual clauses by Anonymous Coward · · Score: 0

    When did Obama lose?

  29. Well done by Anonymous Coward · · Score: 0

    Imagine ... NY state championing states rights!!

  30. This'll go great, till it doesn't by Predius · · Score: 1

    I can see ISPs contracting with the state of NY buying into this, grinning. First DDoS they refuse to block or throttle will likely lead to some fun discussions.

    1. Re:This'll go great, till it doesn't by vandamme · · Score: 1

      Doesn't matter, Cuomo is all about bullshitting to get himself elected president so he can reward his buddies.