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Montana To FCC: You Can't Stop Us From Protecting Net Neutrality (arstechnica.com)

An anonymous reader quotes a report from Ars Technica: The Montana governor's office has a message for the Federal Communications Commission and Internet service providers: the state can't be stopped from protecting net neutrality, and ISPs that don't like it don't have to do business with state agencies. Governor Steve Bullock signed an executive order to protect net neutrality on Monday. But with questions raised about whether Bullock is exceeding his authority, the governor's legal office prepared a fact sheet that it's distributing to anyone curious about potential legal challenges to the executive order. ISPs are free to violate net neutrality if they only serve non-government customers -- they just can't do so and expect to receive state contracts. "Companies that don't like it don't have to do business with the State -- nothing stops ISPs from selling dumpy Internet plans in Montana if they insist," the fact sheet says.

The FCC's repeal of net neutrality rules attempts to preempt states and localities from issuing their own similar rules. But Bullock's executive order doesn't directly require ISPs to follow net neutrality rules. Instead, ISPs that accept contracts to provide Internet service to any state agency must agree to abide by net neutrality principles throughout the state. Bullock's fact sheet is titled, "Why Isn't Montana's Executive Order Preempted?" and it offers numerous answers to that question. "Through the order, the State of Montana acts as a consumer -- not a regulator," the fact sheet says. "Because there's no mandate, and no new regulations, there's certainly no federal preemption. Companies that don't like Montana's proposed contract terms don't have to do business with the State."

151 comments

  1. I love the idea by Anonymous Coward · · Score: 2, Interesting

    By removing the mandate as a government rule and replacing it with contractual obligations they will bypass anything the FCC can do.

    The State system is a big enough customer to have the clout to make it happem

    1. Re: I love the idea by kenh · · Score: 1

      How many 'state' contracts with ISIs are funded with federal eRate funds, this exempting them from state requirements?

      --
      Ken
    2. Re: I love the idea by Zecheus · · Score: 1

      State contracts may be big but big enough? Montana? Maybe Montana's network contract are already too small for national providers. This contract restriction further drives down incentive. Overtime, Montana will be stuck with a single regional provider. No contract competition. And costs for the state go up. Good luck with that.

  2. Shot themselves in the foot by Anonymous Coward · · Score: 0

    Aim foot
    Shoot

  3. This may explain the Montana.gov timeout errors... by saccade.com · · Score: 1

    I can imagine big ISPs simply pulling the plug on the state government, and leaving the contract to a local ISP.

  4. Rough road ahead. by Gravis+Zero · · Score: 3, Interesting

    I'm not sure if the people involved in repealing NN thought this was going to go away or not but it seem very clear that those against this are going to fight this to the bitter end. I don't expect anyone involved to walk away from this unmarred.

    --
    Anons need not reply. Questions end with a question mark.
    1. Re:Rough road ahead. by Anonymous Coward · · Score: 1

      Oh, they were prepared for this. The new FCC rules explicitly forbid states from defining their own net neutrality laws.

      As long as an ISP crosses state lines to provide Internet access (and, internet, so they do), the states can't regulate them because it's explicitly in the domain of the federal government.

      They were ready and already cut these off a the knees. Montana is free to regulate ISPs that only provide connections to services within the state of Montana, but if they provide access to anything outside the state - that's the FCC's domain.

    2. Re:Rough road ahead. by Anonymous Coward · · Score: 1

      In a low-population, large-area state like Montana, state government is one of the largest Internet customers around. This isn't regulation; this is the 800-pound gorilla declaring its preferences.

    3. Re:Rough road ahead. by ClickOnThis · · Score: 4, Insightful

      Montana did not pass a law or regulation. They stipulated a contractual condition for receiving state business.

      If you and I negotiated a contract for a service that placed conditions on how I provided my service to others, that wouldn't be a law or regulation either.

      Now, whether these contractual conditions are enforceable ... well, go watch the courts, and don't forget the popcorn.

      --
      If it weren't for deadlines, nothing would be late.
    4. Re:Rough road ahead. by Anonymous Coward · · Score: 0

      They stipulated a capricious contractual condition that in no way affects the service rendered to the state. Now, Montana may allow direct graft, but in civilized contries, that's not a valid contract condition, and if there's any federal money jnvolved, a blatant violation of appropriations law.

      Oh, and its trivial to defeat with a shell company.

    5. Re:Rough road ahead. by Darinbob · · Score: 2

      I think it would be a valid contractual condition, and the state could provide compelling reason in a court of law by claiming it's good for their citizens and promotes the interests of the state.

    6. Re:Rough road ahead. by murdocj · · Score: 3, Insightful

      State contracts are the Montana's domain... not the FCC's domain.

    7. Re:Rough road ahead. by Ramze · · Score: 1

      This.

      Especially since by using an ISP for government entities, they'd want to ensure that their own ISP would adhere to NN principles not only for themselves, but for citizens and employees throughout the state to be able to access their services with certain reasonable expectations (such as those defined by NN).

      The state has a vested interest in ensuring timely, affordable public and employee access to their services unbarred by ISP interference.

    8. Re:Rough road ahead. by Anonymous Coward · · Score: 0

      Any ISP would have a real and tangable INTERSTATE commerce link, meaning the federal gov't's rules would prevail over any state's mandate.

      SCOTUS has always given the fed's wide latitude over Interstate (and even intra state) commerce.

      Also as a state their contract would demand certain levels of service... meaning that the contract itself would violate ANY 'neutrality' idea as SLA and minimum bandwidth means 10000% of the time the ISP will shape, monitor, and filter the content.

      99.9999% of the retards ON the internet have no idea what neutrality is or why it is bad. They should shut up until they educate themselves.

    9. Re:Rough road ahead. by Anonymous Coward · · Score: 0

      So, why is it bad? Because it wasn't put through under some sort of specific legal conditions?

      Who cares?

      We have all been making gang busters money from the internet, since this is a site for mostly IT people.

      I do not know what you do for a living, but an open free and neutral data internet is in all of our best interests. We also have been growing in terms of knowledge of other cultures, places in the world, physics, chemistry, robotics, you name it. The internet is beginning to revolutionize us and we are only just beginning to catch the faint first few rays of a new star of knowledge and wisdom.

      Crippling something that is bettering and advancing us as a culture, society, and species is beyond reproach. The people who advocate for anything which will damage access to, cripple speeds for, or block content on the internet must be put to death. This is how important an innovation it is for us as a whole, we must defend it with our blood if necessary.

      Course, my country didn't pull such a bone headed stupid ass move so I'm more or less just sitting here in abject horror watching america go right down the shitter with it's own people (you specifically in this situation) jingoistic-ally egging on it's destruction.

      When your country is this weak and mine pulls in, plants its flag, and starts blasting your countrymen in the face because your a bunch of spineless pussies, don't be too surprised.

    10. Re: Rough road ahead. by kenh · · Score: 1

      The rub is going to be internet services funded by federal eRate subsidies - will schools that pay for their internet services be limited to only those providers that meet state purchasing requirements? Not sure, since the state isn't finding the purchase, it likely has no say - since this is only a contractual requirement.

      --
      Ken
    11. Re: Rough road ahead. by Anonymous Coward · · Score: 0

      Nope, enforcing net neutrality has nothing to do with providing internet service to a set of government buildings.

      Think it through, you really don't want governments to use capricious contract clauses to avoid appropriation laws. Even feel good things like small business set sides and minority owned business set sides have to be specifically allowed in the appropriations act for that chunk of money, as they would otherwise be blatantly disallowed.

    12. Re:Rough road ahead. by Anonymous Coward · · Score: 0

      Hello, not trying to detract from your very cogent post, but I thought you might like to know that "beyond reproach" means "blameless", "perfect", "without fault", etc. Given the context, I suspect this is the opposite of what you intended.

      Thanks for contributing, and I hope my countrymen heed your friendly warning.

    13. Re:Rough road ahead. by Kernel+Kurtz · · Score: 1

      the state could provide compelling reason in a court of law by claiming it's good for their citizens and promotes the interests of the state.

      You don't think that is something that matters, do you?

      Maybe once upon a time.

    14. Re:Rough road ahead. by Agripa · · Score: 1

      Oh, they were prepared for this. The new FCC rules explicitly forbid states from defining their own net neutrality laws.

      As long as an ISP crosses state lines to provide Internet access (and, internet, so they do), the states can't regulate them because it's explicitly in the domain of the federal government.

      They were ready and already cut these off a the knees.

      What the FCC (and Congress) cannot do is order the states who they must do business with just like the federal government cannot order state law enforcement to enforce federal laws.

      Montana is free to regulate ISPs that only provide connections to services within the state of Montana, but if they provide access to anything outside the state - that's the FCC's domain.

      The states cannot even do that because the courts have ruled that anything *affecting* interstate commerce can be regulated under the interstate commerce clause as well. Even if the activity is purely intrastate, it counts. If the activity uses anything which passed in or affects interstate commerce, then it counts.

  5. Montana & States' Rights by rmdingler · · Score: 1

    At the very least, forcing its opponents to fight the Net Neutrality battle at the State level multiplies the resources needed and aggravates those who benefit from its repeal.

    --
    Happiness in intelligent people is the rarest thing I know.

    Ernest Hemingway

    1. Re:Montana & States' Rights by GerryGilmore · · Score: 4, Insightful

      Actually, if you'll notice - outside your Fox bubble - it's "The Left(TM)" that has pushed hardest for NN and "The Right(TM)" that has been sucking on the "Free Market Uber-Alles(TM)" schlong. Where THF did you EVER get the idea that The Left opposes NN?? Damn, that's not just stupid, but downright delusional, dude. Wake up!!

    2. Re:Montana & States' Rights by I'm+New+Around+Here · · Score: 0

      The left also has a hard time with reading comprehension. His explicit statement is that the left doesn't care if a government action or regulation is constitutional.
      As long as it is to their liking they push it as the only answer.

      --
      If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.
    3. Re:Montana & States' Rights by Nutria · · Score: 1

      As long as it is to their liking they push it as the only answer.

      Especially since Montana and NYS used executive orders instead of the democratic process.

      I'm as much in favor of NN as most of the nerds on /., but executive orders and judicial rulings on political issues are always a bad thing, since they sow dissension that could be averted with a little more time in the legislature.

      --
      "I don't know, therefore Aliens" Wafflebox1
    4. Re:Montana & States' Rights by Known+Nutter · · Score: 5, Insightful
      I find it amusing that all three of your statements apply to the Right as well.

      * The Right also has a hard time with reading comprehension.

      * ...the Right doesn't care if a government action or regulation is constitutional.

      * As long as it is to their liking [the Right] push it as the only answer.

      When the partisan bullshit stops, the us versus them is over, and the 'my team is better than your team' nonsense finally ends, then shit can get done and the nation can move forward. The football mentality of the current political climate will be the death of us all if this shit doesn't stop soon.

      Compromise is the key, and dumbass shit like "the left/right has a hard time with reading comprehension" adds absolutely fuck all in terms of useful dialogue.

      --
      Beware of the Leopard.
    5. Re:Montana & States' Rights by Anonymous Coward · · Score: 0

      The executive branch is a business - in this case a business that is a consumer. Net neutrality is a consumer/voter versus provider fight. The providers have bought law to win the fight for their side. Consumers certainly have the right, if not the responsibility, to fight back by walking away with their business.

    6. Re:Montana & States' Rights by Anonymous Coward · · Score: 0

      Sorta. In the beginning we were all united, now shills (including Trump) have been pushing anti-NN stuff.

      The average conservative with any clue about tech, like myself, is firmly in favor of NN.

    7. Re: Montana & States' Rights by Anonymous Coward · · Score: 0

      Unfortunately nobody is fighting partisanism. Bipartisan is still partisan. Compromise has only been achieved through bipartisan action, which makes nobody happy. Mainly because at that point it isn't even about the issue anymore but praising everyone for how bipartisan that was!

    8. Re:Montana & States' Rights by Anonymous Coward · · Score: 0

      You might want to actually check and see which party in congress has been receiving the most contributions from the ISPs, hint - its not the left leaning party. The information is readily available, just google 265 republicans who sold you out...

    9. Re:Montana & States' Rights by I'm+New+Around+Here · · Score: 1

      I find it amusing that all three of your statements apply to the Right as well.

      I didn't say they didn't. I simply explained why GerryGilmore was making the wrong argument.

      --
      If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.
    10. Re:Montana & States' Rights by TheGratefulNet · · Score: 1

      those in power WANT and COUNT on us bickering between this football team and that one.

      yeah, that's a good way to think of it. petty differences at a certain level, but as long as you can keep the middle and lower classes 'amused' by hating each other, they've spent their hate toward someone OTHER than the ruling class.

      the sooner we all realize this and stop being played as fools, the sooner we can fix america. and not in a MAGA way, either.

      but it won't happen. religion is too deeply embedded in most americans and that's the actual cause of the R vs D fight (when saint reagan took over (...) he really aligned the R's with religion and once that happened, we pretty much gave full control over to the ruling elites. wish people would just SEE this, but they just won't. never will and I don't expect to see it in my lifetime)

      --

      --
      "It is now safe to switch off your computer."
    11. Re:Montana & States' Rights by GerryGilmore · · Score: 1

      Not that I've been able to find. Would you care to share exactly how you think I am wrong?

    12. Re:Montana & States' Rights by Agripa · · Score: 1

      At the very least, forcing its opponents to fight the Net Neutrality battle at the State level multiplies the resources needed and aggravates those who benefit from its repeal.

      In this case it also drags the 9th and 10th Amendments into a court fight where the federal government risks a decision expanding state's rights.

  6. Re:This may explain the Montana.gov timeout errors by Gravis+Zero · · Score: 5, Insightful

    I can imagine big ISPs simply pulling the plug on the state government, and leaving the contract to a local ISP.

    Sounds like a great way to piss off the legislature and begin the proliferation of municipal ISPs.

    --
    Anons need not reply. Questions end with a question mark.
  7. Who would win? by Anonymous Coward · · Score: 0

    All 50 of the State military forces vs. the US armed forces?

  8. Re:This may explain the Montana.gov timeout errors by gurps_npc · · Score: 1

    First, the state would probably like this, and would probably only agree to if the 'local' isp was in position to compete with the big isp.

    The state would probably offer direct incentives to the local isp to expand to consumers as well as state actors.

    If the big isp attempted to prevent this, the state would probably sue for breaking monopoly laws.

    --
    excitingthingstodo.blogspot.com
  9. Might provide the answer about competition by Anonymous Coward · · Score: 1

    One of the points made is that the "marketplace" would decide things because those that didn't like it would just use a provider that kept things on an even keel.

    However, if Montana sticks to its guns, and none of the ISPs are willing to provide service under those terms, then it would show there is not valid competition in the marketplace (at least in Montana), such that the consumer (in this case the state) can find and use a provider that does business the way the consumer wants.

    It's the ultimate voting with the wallet. I'm just afraid the answer is not going to be a good one.

    1. Re:Might provide the answer about competition by fustakrakich · · Score: 1

      I'm just afraid the answer is not going to be a good one.

      Why? The state can just build and manage their own cabling/wireless using local labor and be the ISP.

      --
      “He’s not deformed, he’s just drunk!”
  10. Re:Not enough by ArmoredDragon · · Score: 3, Insightful

    We've seen this ideology of overthrowing democracy before, with one in particular inflicting suffering and innumerable costs to life worldwide for over a century (and it still hasn't ended) using the EXACT same argument about not having time for democracy:

    http://www.stephenhicks.org/20...

    All that happens is you end up with sadists running the government, and democracy never returns until your glorious revolution, and everything it stands for, comes to an end.

  11. Re:That might not stop them. by freeze128 · · Score: 2

    Or this idea might spread to other states, and ISPs that have markets in multiple states will start to feel the pinch and lose government contracts. Money is a big motivator.

  12. Re:This may explain the Montana.gov timeout errors by lucm · · Score: 1

    There's 1 million people in Montana, and a total of 120 ISP. I don't think this is a death blow for the FCC.

    --
    lucm, indeed.
  13. Not sure this is a good idea. by Anonymous Coward · · Score: 0

    What's basically happening here is collective bargaining by the government to get what it wants. In the case of concepts of Net Neutrality this is not a bad thing.
    What if the approach works though?

    Is it that inconceivable that the next governor will do the same thing regarding some other matter? Their issue might be to throttle bit torrent? Block porn? Fight "fake news" (i.e. block any news outlet painting them in a non-flattering light)? Is this what we want?

    All sorts of government interests could be pushed by this method. Will we have a chance to collectively bargain too to balance the scales? How's this going to work?

    1. Re:Not sure this is a good idea. by RhettLivingston · · Score: 2

      Those fighting net neutrality have been collectively bargaining and winning. This is fighting fire with fire. The government is the consumer in this case. They have a responsibility to protect their interests and, in the process, our tax dollars. The only thing missing here is all of the other consumers.

  14. Re:This may explain the Montana.gov timeout errors by alvinrod · · Score: 4, Interesting

    Or just the state government passing rules that make it illegal for city governments to grant monopoly rights to an ISP. That's essentially the source of the problem. You can't expect a market and therefor choices to exist when it's been explicitly prohibited by law, and no one is really interested in starting their own black market internet over the whole deal.

  15. what if no IPS will do business with Montana now? by platinummyr · · Score: 1

    uhhh what if all ISPs simply stop taking contracts from government, and just.. allow it to stop having internet access? They'd be free to sell dumpy plans to everyone else in the state.. I guess it depends on how much $$$ montana pays for service?

  16. Everyone needs to do this by RhettLivingston · · Score: 2

    This is nothing more than consumers exercising their rights to walk away from bad products. If we all had the courage to do this, we'd have no need for government action to stop it.

    Instead of the short-term boycotts used in the past to fight bad actors, what we need this time is something like an organized "national day of service termination". The importance of having it be a "day" instead of just a general campaign to quit bad actors and move to good ones is to highlight the reasons for the drops and publicize it so that they can't just launch discount campaigns to pull in new suckers.

    There has been much organization and lobbying to fight net neutrality. Consumers, not just government consumers, need to start penalizing those seeking to take advantage of them with sharp organization that targets what counts, bottom lines.

    1. Re:Everyone needs to do this by Anonymous Coward · · Score: 0

      It's funny that there wasn't "net neutrality" until a bit more than 2 years ago - it wasn't needed. Thanks Obama.

  17. Huh? What? by Anonymous Coward · · Score: 0

    Do you mean the European Left, which has been clamoring to censor the internet, or the American Left, which submitted the internet to CALEA under the label of "Net Neutrality" while doing nothing at all to actually give us net neutrality?

    No, son, the polical left doesn't want network neutrality; they want network control.

    1. Re: Huh? What? by Anonymous Coward · · Score: 0

      The European right seems keen on internet censorship too.

  18. Abandonment of impotent federal agencies by Sebby · · Score: 1

    This kind of action will only become more common as people realize more and more that some federal agencies only act in the interest of the administration du jour.

    --

    AC comments get piped to /dev/null
    1. Re:Abandonment of impotent federal agencies by Anonymous Coward · · Score: 0

      Exactly. It seems that the fact that we have everything done for us today has led us to putting too much in the hands of government. The ultimate responsibility for protecting the interest of consumers is their own. We need to stop seeing government as the answer to everything. It is too easily coopted. We need to band together against the continued practice of intentional reductions in quality of product or service for the sake of charging extra for what should be standard.

  19. Re:what if no IPS will do business with Montana no by Patent+Lover · · Score: 1

    It's more likely that some of the smaller ISP's already have no problem with net neutrality and would be happy to get state contracts. The Comcasts and Verizons are likely the ones that would stop taking contracts.

  20. Gaslight by Anonymous Coward · · Score: 2, Interesting

    Remember that the Democrats literally nominated a cable company lobbyist to head the FCC when they had the chance

    Gaslight for the fail.

    During the Bush years, under Chairman Michael Powell (Colin's son) the FCC went to the Supreme Court in order to kill net neutrality (and succeeded in 2005).

    Then Obama appointed, Tom Wheeler, former lobbyist turned Benedict Arnold who not only brought back net neutrality but also pushed for a bunch of other consumer freedoms like killing the Comcast/Time-Warner merger, and forcing cable companies to let customers use their own set-top boxes to save on rental fees.

    As for Idjit Pai being an "Obama appointee" not so much. By law the 5 member comission can only have 3 members from the same party. Idjit Pai was one of the two non-democrats during Obama's term. The way it works is that the senate minority party comes up with a list of acceptable candidates, in this case Pai was Mitch McConnel's first choice. Maybe Obama should have fought harder, but it didn't really matter since the 3 people he did pick could always overrule the Idjit. Now that the banana republicans are in charge, who Obama appointed is moot because killing NN was always a republican goal and they would have done it one way or another - since that is what they did back in 2005.

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

      When Tom Wheeler was appointed, he was expected to act in the interests of the cable industry

      Expected by people who didn't know him. Obama knew what he was doing when the picked the guy.

      You want to have it both ways, but actions are what count and Wheeler went to bat for people over corps, no amount of your bullshittery can change that.

      The rest of your post agrees with what I said: Obama appointed Ajit Pai. That's a fact.

      Lol. That's half a fact also known as a lie of omission. Go masturbate under the bridge with the other trolls.

    2. Re: Gaslight by Anonymous Coward · · Score: 0

      Hhhmmm.

      I'm curious, are you a troll or do you really believe the bullshit you are writing? I mean, it looks like a defense mechanism to protect yourself from reality. I'd like to believe you are smarter than that because liberal. But if you are genuine in your reflexive denial of all contrary evidence then I kind of despair for you.

    3. Re: Gaslight by Anonymous Coward · · Score: 0

      It's stock troll posting. He hasn't moved off the 2016 "Obama golfs" line yet even. Golf is a no go now on the current city paste shill list now that trump has spent a a hundred days golfing.

    4. Re: Gaslight by Rakarra · · Score: 1

      Yeah, I'm sure Obama spent his rare moments off the golf course bothering to vet FCC appointees.

      BTW, what do you think the golf course is FOR? That's where meetings and discussions happen -- in a relaxed, casual atmosphere when folks are not on guard.

  21. Re:what if no IPS will do business with Montana no by Anonymous Coward · · Score: 0

    uhhh what if all ISPs simply stop taking contracts from government, and just.. allow it to stop having internet access?

    Worst case, the government doesn't need to contract with a traditional ISP (i.e. one that also services residential customers). They only have a limited number of offices (especially in Montana). So in theory they could go with a commercial-only provider which typically have little business incentive to violate NN principles since commercial contracts are plenty lucrative enough on their own.

  22. Re:That might not stop them. by Immerman · · Score: 5, Insightful

    However, the government offices will still want internet, so *somebody* will be providing it - and now who do you suppose will be the ones getting more favorable consideration in future legislation and other government dealings?

    Plus the sate of Montana is responsible for over 5% of employment in the state - that's a lot of well-distributed business to just hand over to your competitors. Especially if nobody in the oligopoly wants to play ball - then some little upstart is suddenly going to be getting really favorable pole leases, etc. from the state to deploy the necessary infrastructure.

    --
    --- Most topics have many sides worth arguing, allow me to take one opposite you.
  23. Re: Not enough by ArmoredDragon · · Score: 2

    You're going to have corruption and abuse no matter where you go or what you do. Welcome to earth. But nobody wants the special flavor of tyranny that you want to add on top of it, except for you and your fellow sadists.

  24. So the left is now all about States Rights? by Anonymous Coward · · Score: 0

    Interesting - they sure were not about that when they had some power at the federal level. I am guessing this is just a ruse to show off how they are resisting and such.

    Anyway, it's Montana - nobody fucking cares what you do up there.

  25. Re:what if no IPS will do business with Montana no by Anonymous Coward · · Score: 0

    Then ... eminent domain.

  26. Re:what if no IPS will do business with Montana no by SilverBlade2k · · Score: 1

    Unlikely to happen.

    State contracts are incredibly lucrative, and the ISP's love money.

    They would be leaving money on the table if they just pulled out, and it would probably cost the ISP's more money if they just pulled out entirely. They would rather make money and follow the contract rules, than to pull out and make nothing.

  27. Re:That might not stop them. by Anonymous Coward · · Score: 2, Interesting

    This is a good attempt to start re-exerting states rights. The Federal government has over stepped their authority by co-opting powers that should be the purview of the State governments. The Federal government has done this using Federal regulations and laws that states are required to adopt or face being penalized. And the penalty is always losing federal money. A State that refuses to abide by the Federal Highway speed limits faces losing the federal money traditionally used to maintain the federal highways with-in the State. The Federal government was able to enforce the federally mandated drinking age using the same penalty. Any state that did not immediately raise their drinking age to 21 faced losing Federal highway money. Hell the Civil War was about state rights not freeing slaves. Making slavery illegal in the south was only one relatively minor being fought over. The imposition of Federal taxes and commerce regulations was more important than the slavery issue by far. After the North won the war slavery became illegal but that had very little impact on the lives of the former slaves living in the South. Instead of slave they were "share croppers". Racism and discrimination did not change in the least.

    Before the FBI was created there was no federal law enforcement across state lines. So in the name of "Public Safety" the Federal government was able to create a law enforcement agency that made every State law enforcement agency subservient to the federal government. That doesn't mean that all federally mandated laws and regulations should be shit canned. Federal EPA regulations work better for the country as a whole instead of state by state. Federal NIST regulations fall into the same category as well. Federal airspace regulations also make sense.

    The countries military hierarchy and division of powers is also a good example of States retaining control over their National Guard. The Federal government cannot deploy any federal military assets without the specific request of a states governor.

    The Federal government was never supposed to usurp the state rights they have amassed over the years. Let corporations deal directly with states if they want to do business in that state.

  28. Re:Not enough by sjames · · Score: 4, Insightful

    Eliminating net neutrality was the opposite of democracy. It was an unelected official ignoring the voice of the people and doing whatever the hell he wanted.

  29. Reminds me of Nevada's Handling of Obamacare by Anonymous Coward · · Score: 0

    Stick with me here...

    One of the problems with Obamacare has been insurance companies pulling out of sparsely-populated areas because they weren't profitable 'enough' -- low-density population doesn't generate much revenue and since they can bail on a per-county basis, they do bail rather than spread the costs around the entire state. That has left a lot of counties with just 1 obamacare insurer, which is then free to jack the prices up because they literally the only game in town.

    So Nevada said to the insurance companies - when it comes time to pick insurance companies to handle the state medicaid contracts, you get bonus points if you also offer obamacare plans too. The result? The 2 new insurance companies that won medicaid contracts for Nevada are also on the ACA exchanges for the entire state. So, unlike many other mostly-empty states, obamacare is pretty robust there. And, FWIW, this was done by a republican governor.

    1. Re:Reminds me of Nevada's Handling of Obamacare by Pfhorrest · · Score: 1

      That sounds like an interesting story, but it makes me wonder why out here on a densely populated part of the southern California coast, we also only have one insurance company available to us. (The one we had through last year just pulled out, and a new one moved in this year). It's certainly not because there aren't enough customers...

      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    2. Re:Reminds me of Nevada's Handling of Obamacare by Anonymous Coward · · Score: 0

      Dunno where you live so I can't give you any analysis at all. But there are a variety of reasons insurance companies pull out, density is just one. For example, TN has other problems like a grand-fathered non-compliant plan (Farmer's Bureau) that siphons off healthy customers by refusing anyone with a pre-existing condition. Thus concentrating the most expensive customers in the ACA marketplace. That's really done a number on TN's marketplace, used to be in the top-5 cheapest places in the country for ACA plans to now one of the top 10 most expensive.

      Nevada's genius was in making sure there was one really powerful reason for them to stick around, a reason strong enough to over-ride most of the reasons for pulling out.

    3. Re: Reminds me of Nevada's Handling of Obamacare by kenh · · Score: 1

      Because it's California? Your state has a history of letting voters change state regulations on a selfish whim, like when the voters decided homeowners insurance was too expensive, so they passed a legally-binding referendum to lower premiums, which drove insurers out of the the state.

      --
      Ken
  30. Re:Not enough by Anonymous Coward · · Score: 1

    the EXACT same argument about not having time for democracy

    Time isn't the issue. It's the idiocy, apathy, and corruption of the voters that is killing democracy. Plato was right.

  31. Re:Not enough by Anonymous Coward · · Score: 0

    Revolution is impossible. Push comes to shove, all it takes is a Predator drone lobbing a missile, or just tossing a can of nerve gas in the middle of the night into the revolutionary camp. Syria showed that out, where they tried for revolution, but it wound up causing Assad to be better entrenched, and a lot of "play stupid games, win stupid prizes" people dead.

    Sure, try revolt. Your life sentence in a private prison will only help CoreCivics (formerly Corrections Corporation of America's) stock value.

  32. Re:what if no IPS will do business with Montana no by Anonymous Coward · · Score: 0

    At the taxpayer's expense $$.

  33. Re:This may explain the Montana.gov timeout errors by CrimsonAvenger · · Score: 1

    Montana. Not enough market to matter to large ISP's. The loss would be a rounding error. There are only about a million people in the whole state....

    --

    "I do not agree with what you say, but I will defend to the death your right to say it"
  34. Re: Not enough by Rakarra · · Score: 1

    We've seen the ideology of compliance and complicity with tyranny, corruption, and abuse before.

    Yeah. Someone's Netflix stream might be a bit slower until Netflix pays off the ISP. OH NOOESS. So worth the rivers of blood that result from such revolutions.

  35. Re:This may explain the Montana.gov timeout errors by Frosty+Piss · · Score: 3, Insightful

    Montana. Not enough market to matter to large ISP's....

    The tiny tip of a very large iceberg.

    --
    If you want news from today, you have to come back tomorrow.
  36. Re:This may explain the Montana.gov timeout errors by Frosty+Piss · · Score: 1

    There's 1 million people in Montana, and a total of 120 ISP. I don't think this is a death blow for the FCC.

    The tiny tip of a very large iceberg.

    --
    If you want news from today, you have to come back tomorrow.
  37. Re:That might not stop them. by murdocj · · Score: 0

    Wrong.

  38. Re:This may explain the Montana.gov timeout errors by murdocj · · Score: 1

    The LAST thing the big ISPs want is to encourage competition. They've essentially got monopolies. You think they want to encourage states to look for alternatives?

  39. Re: Not enough by ArmoredDragon · · Score: 2, Insightful

    Not exactly unelected. We are in a representative democracy, which means you vote for people believing that they will make decisions with your best interests in mind. Unfortunately, that process put fat mouth in the FCC. This isn't the first, or last, time that an elected representative made a decision unpopular with his constituents.

  40. It's already lost. by Anonymous Coward · · Score: 0

    It's not even a matter of partisan bullshit anymore, it's two conformist teams too busy whoring themselves for money to have noticed the water crawling towards a boil, or the noose tightening around their neck.

    Any semblance of freedom, privacy, or justice in American has been corroded away by government officials and corporate interests. I used to have some optimism that the trend would right itself, but it is already too late. Those of us who doth protest had best start getting our luggage in order. Because you are going to want to be out of the country before they turn your eye on you, because once they have you won't have any path to escape.

  41. Re: Not enough by Anonymous Coward · · Score: 0

    Netflix is already a multi-billion dollar company. The problem is that the media is all bought and owned by corporate interests and the only reasonable way of getting other messages to the masses is via the internet.

    Just because you're too stupid to realize what it means to allow a small number of companies control what goes over the wire doesn't mean that the rest of us are. Sure, we could get lucky and they might only ban and throttle the nutters, but realistically, nutters have an astonishing amount of money, they'll more likely go after people for pointing out that the economy isn't working very well for most people.

  42. Re:This may explain the Montana.gov timeout errors by Actually,+I+do+RTFA · · Score: 1

    New York is supposedly following their lead and putting in the same regulations. Add California, and who needs the federal regulations.

    --
    Your ad here. Ask me how!
  43. Re:Not enough by Anonymous Coward · · Score: 0

    That's why the militants in the Gaza Strip and other similar areas live with and around civilians. It gives the Israelis a black eye every time they retaliate.

    Military strength only goes so far in keeping the people at bay. At some point, the number of people refusing to comply or complying in such a shitty way that the economy collapses like it did in the former USSR where the government had spent so much on defense that they couldn't afford food.

  44. Re:This may explain the Montana.gov timeout errors by Anonymous Coward · · Score: 0

    The term is monopsymy. There's so few sources for the service that the providers have no reason to compete with each other. Competing with each other would force down the profits for all of them. So, they give token competition, but really, they're all doing as little as possible to upset the status quo.

    The correct way to solve the current problem is via government owned wires. It's one of the reasons why the '90s had such a large selection of options for internet. Virtually everybody was connecting over somebody else's network, which led to all sorts of competition and innovation.

  45. Re:That might not stop them. by Anonymous Coward · · Score: 0

    Yeah huh!

  46. Re: Not enough by Anonymous Coward · · Score: 0

    You're the one insisting on embracing the sin, with disingenuous objections, but have you even thought about just not being a paragon of corruption and exploitation?

    Surely it would not be that great a burden upon you. Oh wait, even the trouble to think about being anything other than abusive shocks your overly delicate sensibilities.

    Worry not, the embrace of your True and Eternal Lord and Maker exceeds even your depravity in forgiving compassion so when the sword of true righteousness lays your soul bare, it will cut with the healing might of the scapel. The purging fires will cleanse you eternally.

    And the price will be nothing.

  47. Re: Not enough by sjames · · Score: 2

    How many levels of indirection do you require before you consider the person unelected? Pai was appointed by someone who was elected, but the people certainly didn't vote for him. He was kept in by someone who actually lost the popular vote. He then went on to ignore the clear will of the people during the comment period.

  48. Re:Not enough by Anonymous Coward · · Score: 0

    So? your saying it would come to an end, and the government would be restored and we would win. Cost would be suffering and loss of life.

    That is very encouraging.

    Actually when I think of all the societal good the french revolution did. I cannot say that a bout of mass murder of the upper class at this point would not be for the greater good. Based on historical evidence, it would benefit us all tremendously, restore our freedoms, grant us new freedoms, and entrench/enhance current human rights.

    Unsure why ajit pai is not hanging from the end of a rope at this very moment, honestly just cannot figure it out.

  49. Re:Not enough by Anonymous Coward · · Score: 0

    What? Israel kills civillians as a matter of course, they want to kill Palestinians as many as possible. A terrorist nation of thieves and liars.
    Supported by the worst terrorists of all, the US.

  50. Re:That might not stop them. by Anonymous Coward · · Score: 0

    "The Federal government was never supposed to usurp the state rights they have amassed over the years. Let corporations deal directly with states if they want to do business in that state."

    When I read that my brain immediately followed up with:
    The corporations (fictional persons) were never supposed to usurp the Federal or state rights they have amassed over the years.

    A case can be made for the original and the followup.

    I am concerned though, about a government at either level using such tactics as an end around obeying the law, even odious laws.

  51. Re:Not enough by PopeRatzo · · Score: 1

    and democracy never returns

    But as conservatives and Trump supporters love to keep telling us, we're not a democracy.

    --
    You are welcome on my lawn.
  52. Re: Not enough by Anonymous Coward · · Score: 0

    The popular vote means nothing for the President. You also cannot say with certainty had the rules been for popular vote rather than electoral that the result would have been different. Campaigns would have been run differently and people in states where their votes were in the minority may have voted differently.

    Part of the Trump's platform was less regulation. That's exactly what this is. Less regulation. It's what people voted for. Title II should never have been used. It's an overhanded, archaic rule for legacy technology. Congress needs to implement sane and modern regulations which they then task the FCC with upholding.

  53. Re:This may explain the Montana.gov timeout errors by Anonymous Coward · · Score: 0

    but the big isps are in control of an ever increasing amount of the backbone those smaller muni-wide providers would connect to.. so one way or another, the big bad megacorps will still get their profits.

  54. Fine, but... by kenh · · Score: 1

    It's all well and good that the state is doing nothing more than setting requirements for vendors it deals with, but what if none decide to play the state's game? What is the fallback position, is the state going to establish it's own ISP just for government use? Are they going to try and use these new requirements to back out of existing multi-year contracts with ISPs?

    There's a very real chance (IMHO) that Montana doesn't wield the clout with ISIs it thinks it does.

    It will be interesting how this will play out with eRate grants from the federal government - eRate is federal money spent by schools, libraries to subsidize internet access - being federal, not state money these state requirements won't apply... Or will they?

    --
    Ken
    1. Re:Fine, but... by Anonymous Coward · · Score: 0

      What's going to happen is that ISPs will set up subentities which technically do not violate NN, but do not offer services to anyone else other than Montana govt (e.g. by making prices very expensive).

    2. Re:Fine, but... by Anonymous Coward · · Score: 0

      It's all well and good that the state is doing nothing more than setting requirements for vendors it deals with, but what if none decide to play the state's game?

      Then they don't get the checks, duh.

      What is the fallback position, is the state going to establish it's own ISP just for government use?

      They certainly could. Arguably, they should.

      Are they going to try and use these new requirements to back out of existing multi-year contracts with ISPs?

      The state isn't allowed to have multi-year contracts for such services, it's Montana policy.

      There's a very real chance (IMHO) that Montana doesn't wield the clout with ISIs it thinks it does.

      Does it matter? All they need is enough to satisfy their citizens.

      It will be interesting how this will play out with eRate grants from the federal government - eRate is federal money spent by schools, libraries to subsidize internet access - being federal, not state money these state requirements won't apply... Or will they?

      Montana doesn't operate schools on a state level, you would know this if you were familiar with the government.

      Obviously, you are not.

    3. Re:Fine, but... by kenh · · Score: 1

      Montana doesn't operate schools on a state level, you would know this if you were familiar with the government.

      Obviously, you are not.

      I worked in public school K-12 IT for a handful of years, albeit not in Montana. The issue is the gov. implemented requirements for ISP access purchased with state dollars, and as you pointed out, the money that funds the schools is not state funds, so then this decision has no impact on the ISP services purchased by public schools. So this provides no NN protection for the kids in schools.

      It also pretty common for municipalities to negotiate "free" internet access for public offices when they "award" monopolies to cable, telco companies to provide access - will those relationships be severed, even though there is no state money involved? So does this provide any NN protections for state workers?

      So if state workers aren't impacted, and public school students aren't impacted, what, exactly is the upside? Who does this action protect?

      --
      Ken
    4. Re:Fine, but... by kenh · · Score: 1

      I question how much ISP service the state pays for? Do they run their own web servers or use a hosting service?

      --
      Ken
  55. Re: Not enough by Anonymous Coward · · Score: 0

    Doesn't matter, AbrasiveDildo would eat infants by the dozen while caterwauling what we made him do.

  56. Re:This may explain the Montana.gov timeout errors by pots · · Score: 1

    We've been down that road before, redundant infrastructure is bad for other reasons and doesn't generate as much competition as you might hope for. Given the extremely high barrier to entry.

    One of the advantages of classifying ISPs as Title II common carriers was that it allowed for the implementation of line sharing rules, which were baked into the Telecommunications Act. These rules were implemented briefly in 1999, and worked well, but they were only implemented for DSL and were revoked in 2005 when a new FCC decided to reclassify DSL as an "information service." (i.e.: exactly the same thing that the current FCC is doing)

  57. R's and religion by Anonymous Coward · · Score: 0

    ... aligned the R's with religion and once that happened, we pretty much gave full control over to the ruling elites.

    Rather amusingly as the R's took on the name of a Jewish heretic who saw political power as a Demonic temptation and saw the rich as unable to pass camels through the eye of a needle.

  58. Executive Branch to Legislative: by Anonymous Coward · · Score: 0

    Trump: Wide-ranging and highly restrictively laws open to abuse should not be created by the Executive branch, it's the Legislative branch that should have this responsibility.
    Legislative: Oh yeah? Well if you do that then we'll pass a law that does what we want. NAH NAH YOU CAN'T STOP US.

  59. Re:Not enough by kilodelta · · Score: 1

    And as a final act their heads on pikes in front of the U.S. Capitol would be perfection.

  60. When... by Anonymous Coward · · Score: 0

    ...will the states realize that yes, they can protect things within their borders. But, say, if they get their internet via a provider that is based in another state, can do whatever they want?

  61. Re:Not enough by Dog-Cow · · Score: 1

    An innumerate antisemite. How original.

  62. Well then by Anonymous Coward · · Score: 0

    Just pass a requirement that all ISP's in your state must provide service within a set time frame (say 2 weeks) to any customer in that state that requests it for the same rate advertised to all customers regardless where in that state they live. Boom, now everyone in that state has the same number of options for access. You know, as opposed to ISPs who defend their business practices by use maps showing where ISPs could offer service instead of where they do.

  63. Re: Antisemite by Anonymous Coward · · Score: 0

    An illiterate Pavlovian idiot. How stupid.

  64. Re:This may explain the Montana.gov timeout errors by Anonymous Coward · · Score: 0

    Solution: state-owned utility companies with backbones.
    Truly in the interest of the public.

  65. natural monopolies are the problem by Uberbah · · Score: 1

    That's essentially the source of the problem. You can't expect a market and therefor choices to exist when it's been explicitly prohibited by law, and no one is really interested in starting their own black market internet over the whole deal.

    Distinction without a difference. Limited monopolies are a deal to get ISP's to accept government regulation. End said regulation and you'll still end up with a single (or dual) provider anyway due to market consolidation. And then they'll really gouge you. The only alternatives are:

    a) Even more government regulation to mandate levels of service, equipment upgrades, and price caps

    b) Make the ISP a government run utility

    But the people who tend to complain about government trading limited monopolies for regulation tend to oppose more regulation or ermagerd socialism even more strongly.

  66. Re:Not enough by Entrope · · Score: 1

    "Elections have consequences." If you don't like the policies chosen by the duly elected government and the people they appoint, "go out there and win an election."

    If you don't want the president to appoint unelected people to the executive branch, convince people to change the start of Article II of the Constitution where it says that "[t]he executive Power shall be vested in a President of the United States of America." Also the bit in Article I that says that "no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office".

  67. Re:That might not stop them. by Entrope · · Score: 1

    If you want to re-assert states' rights, repeal the Seventeenth Amendment. The original method for appointing senators was explicitly intended to ensure that the Senate would protect the rights and interests of state-level governments, and not just be a copy of the House of Representatives with longer terms.

    The 17th Amendment was passed because of extensive corruption in how states chose senators, but we have a much stronger set of laws and political restraints against that kind of corruption now, so we probably do not need popular elections of US senators to keep it from coming back. (Obviously, states that want to keep popular elections of their senators could make that a state-level rule.)

  68. Re:what if no IPS will do business with Montana no by Entrope · · Score: 1

    Verizon Government Services, Inc., a wholly owned subsidiary of Verizon, pledges that it will live up to Net Neutrality With Unicorn Chasers, and also that it won't bid for any business except for state and local governments that have contractual clauses requiring Net Neutrality With Unicorn Chasers.

  69. LOL, too funy by JustAnotherOldGuy · · Score: 1

    Too funny. Republicans are staunch defenders of "state's rights" right up until they interfere with any corporate interests they're beholden to that might have their profits threatened.

    The thing is, the Feds took away federal-level regulation and oversight, in effect giving it back to the states. There is nothing that says states can't make certain rules about how they do business, and with whom. They do it all the time and it's entirely reasonable for them to do so (e.g. to make sure they're meeting certain standards, hiring practices, sourcing, etc).

    And the ISPs can't object- no ISP is forced to do contractual (i.e, profit making) business with any state. If they don't like the state's rules they're free to market their services elsewhere.

    --
    Just cruising through this digital world at 33 1/3 rpm...
    1. Re:LOL, too funy by Agripa · · Score: 1

      Too funny. Republicans are staunch defenders of "state's rights" right up until they interfere with any corporate interests they're beholden to that might have their profits threatened.

      Both parties are the same way. States rights are a great idea when they interfere with the other party.

    2. Re:LOL, too funy by JustAnotherOldGuy · · Score: 1

      Both parties are the same way.

      That statement is simply not true.

      Both parties suck at many things, but the democrats have always treated state's rights more seriously than republicans, who only pay attention to it when it hampers their business interests.

      --
      Just cruising through this digital world at 33 1/3 rpm...
    3. Re:LOL, too funy by Agripa · · Score: 1

      Both parties are the same way.

      That statement is simply not true.

      Both parties suck at many things, but the democrats have always treated state's rights more seriously than republicans, who only pay attention to it when it hampers their business interests.

      They sure are and not just on federalism. State's rights are normally associated with the right but the left pushes them just as much when they serve their purpose. They have the same policies on executive power; it is great when their own party has it. Also known as the "it's not evil when we do it" rationalization.

      https://www.washingtonpost.com...
      http://reason.com/archives/201...

  70. Re:Not enough by JustAnotherOldGuy · · Score: 1

    So....we should destroy the village in order to save it? Where have I heard that before?

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

    --
    Just cruising through this digital world at 33 1/3 rpm...
  71. Re: Not enough by nasch · · Score: 1

    Not exactly unelected.

    He was exactly unelected. He was appointed. Representatives, Senators, and the President are elected. FCC commissioners are not. "Unelected" doesn't mean put in office through an anti-democratic process, it just means he was not decided as the result of an election.

  72. Re:Not enough by morethanapapercert · · Score: 2
    While I agree, in theory, that there are times when the common people are right in revolting, that bloody revolution might become necessary, I do not think that the current situation even comes close to requiring it.

    There is no sane, controlled way of conducting a bloody revolution. The killing of public officials out of hand is a rejection of law and order, not the imposition of it. Unless you can change the political character of the public, you'll only be substituting politically skilled people with people skilled at murder and mayhem.

    What I think is needed is a major change (I won't argue with the term revolution) in how the public thinks about, and interacts with, the political system in their country. Democracy works better than any other system we know of, but works best when the public actually participates. Here are the problems I see with democracy as practised in the G7, but most strongly and clearly in the U.S.A.

    1) Voter apathy : The sources I check don't agree on an exact number, but all would agree with the statement that less than 60% of those eligible to vote in the 2017 US presidential election actually did so. According to Wikipedia, there is over 235 Million eligible voters in the US, with a 60% voter turnout, that means over 93 Million people weren't involved.

    2) There is a significant number of people who vote for a particular party, pretty much regardless of current platform or candidates. "Straight ticket voters" ensure that even weak candidates are going to have a significant voter base if they can win the parties nomination for a position. 10 US states make it very easy to vote straight ticket

    3) Low voter turnout combined with straight ticket voting means that the more extreme voices on either end of the spectrum carry far more weight in politics than the raw numbers would justify. It also means that a politician can court the more extreme factions fairly safely without risking alienating their core voter base. It is my personal, unsupported opinion that the more extreme factions on either end of the political spectrum are far less likely to engage in even the minimal thought that your average voter does in choosing candidates. As long as a politician says the right things (dog whistling and rabble rousing) he or she can get away with behaviour in office that is totally different from their campaign platform. 4) Those three factors together mean that the voters, regardless of faction, do not have as much influence on the actions of the elected official as they should. That in turn means it is easier for lobbyists to influence, or even control what bills the official submits and what that official votes for. It is rare for a politician to be held accountable for going against his constituents interests. Most of the time they are only subject to repercussions if they get involved in some scandal that touches on morality and even then, often only if that scandal occurs in an election year. Being a dirty politician or puppet of the lobbyists is not a problem because for those with the deep pockets funding campaigns and the top people who control a party are used to that, it's business as usual. Cheating on your wife, being caught in a gay and/or underage sex scandal though is political death.

    Bottomline; I believe the voting public needs to be a) better informed b) pay attention to, and remember a politicians actions while in office and hole them accountable at the next election and c) be more willing to vote based on the individual candidate and issue rather than party lines.

    --
    I need a wheelchair van for my son. Help me get the word out. https://www.gofundme.com/wheelchair-van-for-jj
  73. Re:Not enough by sjames · · Score: 1

    But don't call it overthrowing democracy when taking action against an unelected official appointed by someone who didn't even actually win a majority of votes cast.

    Fair enough to call it too extreme in this particular case.

  74. Re:That might not stop them. by Agripa · · Score: 1

    By the time the 17th Amendment was ratified, a majority of the states already elected their US senators by popular vote so the effect of the Amendment was minor.

  75. Re:That might not stop them. by Entrope · · Score: 1

    Before the 17th Amendment, those states could always change their approach. The amendment could have a major effect even if it did not change the way many states selected their US senators.

  76. Re:Not enough by Entrope · · Score: 1

    Why shouldn't we call it overthrowing democracy? If you're going to be that pedantic about the definition of democracy, don't call the US a democracy at all, because it's also a representative republic. Does it matter that much whether the phrase you accept is "overthrowing democracy" or "overthrowing the legitimate government"?

  77. Re:Not enough by sjames · · Score: 1

    Because it's beyond silly to call assertion of the will of the people an overthrow of democracy?

  78. Re:Not enough by Entrope · · Score: 1

    It's really not, especially when you haven't actually polled all of "the people" on the question, and also when they (reasonably) delegate most sovereignty because they don't want to learn the details off every issue.

  79. Re:Not enough by sjames · · Score: 1

    In this case, we know how the public comments were handled and ultimately discarded.

  80. Re:Not enough by Entrope · · Score: 1

    That's still not democracy. Besides, you are conflating two seriously different ideas: one is that "the people" want net neutrality, and the other is that "the people" want violent attacks on Ajit Pai. Even if the first is true, the second is certainly false, so it still makes sense to call violent attacks on Ajit Pai "subverting democracy".

  81. Re:Not enough by sjames · · Score: 1

    Right, that's not democracy. So attacking it isn't overthrowing democracy.

  82. Re:Not enough by Entrope · · Score: 1

    To recap: you idiosyncratically define "democracy" such that the US isn't one, you cite non-democratic methods a a way of divining what "democracy" would demand, and you attempt to justify violent insurrection on the basis that the government doesn't fit your definition of "democracy". You might want to seek psychiatric help, champ.

  83. Re:Not enough by sjames · · Score: 1

    No. I stated that Pai was not democratically elected and that his action was not consistent with democracy, so attacking him wouldn't be an overthrow of democracy. I then said it's fair enough to call a physical attack on Pai too extreme for the situation.

    In other words, it would be wrong to PHYSICALLY attack Pai over this, but it would not be an overthrow of democracy. Kind of like stealing a car is wrong but it isn't murder.

    Please read more carefully.

  84. Re:Not enough by Entrope · · Score: 1

    So you've spent how many comments attacking a straw man? (Hint: Maybe *you* should have read more carefully at the start of the thread. Or maybe you should just go seek that psychiatric help. Or both -- they're not exclusive, and they will probably both help.)

  85. Re:Not enough by sjames · · Score: 1

    Not a straw man, ArmoredDragon's claim that it would be an attack on democracy. I see that you're now resorting to ad hominem attacks.

    To be a strawman, I would have to have initially proposed that this would be an attack on democracy. I m not ArmoredDragon.

  86. Re: Not enough by Anonymous Coward · · Score: 0

    Never in the course of human events has so few said so much without saying anything at all.

  87. Re:Not enough by Entrope · · Score: 1

    Uh, no, ArmoredDragon's words were "this ideology of overthrowing democracy". That's different. A straw man attack is any time that you attack some version of an opponent's position that you have simplified in order to make it easier to attack.

  88. Re:Not enough by Entrope · · Score: 1

    Besides the fact that you keep misquoting ArmoredDragon, most people do not use the dim-wittedly narrow definition of "democracy" that you do, as explained by the article I linked earlier, among many others.

    Attacking a high-level federal official because of their official actions is an attack on the legitimate US government and its democratic underpinnings. Most of the people who currently claim the US isn't "democratic" are only doing so in a fit of pique that their preferred candidate isn't president right now, as evidenced by your earlier raising of an irrelevant criterion for that election.

  89. Re:Not enough by sjames · · Score: 1

    When he said that, he was necessarily characterizing OP's statemens as that.

    You still resorted to Ad Hominem attacks. I await your sincere apology.

  90. Re:Not enough by sjames · · Score: 1

    AH, unrepentant, I see. *PLONK*

  91. Re:Not enough by Entrope · · Score: 1

    An ideology of overthrowing democracy often includes things that are not specifically overthrowing democracy. So what if ArmoredDragon characterized calling for violent attacks on Ajit Pai an example of the ideology of overthrowing democracy?

    The only thing I will apologize for is not immediately correcting your misunderstanding and misuse of the phrase ad hominem attack. I apologize for the delay in correcting you on that subject.

  92. Re: Not enough by ArmoredDragon · · Score: 1

    He is acting on behalf of the guy that was elected. That's pretty much the way all government jobs work. Joe Dirt doesn't vote for the clerk at the DMV, who can make decisions that have significant legal implications. Joe Dirt also doesn't vote for SCOTUS, which in many ways has more power than the president.

  93. Re: Not enough by ArmoredDragon · · Score: 1

    They are correct in that the federal government is a de-facto republic, though when you examine the US as a whole and include state and local governments, particularly in the case of referenda, we can be considered both.

  94. Re: Not enough by nasch · · Score: 1

    All correct. Sounds like you got the idea - Pai was not elected. :-) I don't agree with the claim that that's "the opposite of democracy" though.