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23 Attorneys General Refile Challenge To FCC Net Neutrality Repeal (engadget.com)

An anonymous reader quotes a report from Reuters: A coalition of 22 state attorneys general and the District of Columbia on Thursday refiled legal challenges intended to block the Trump administration's repeal of landmark rules designed to ensure a free and open internet from taking effect. The Federal Communications Commission officially published its order overturning the net neutrality rules in the Federal Register on Thursday, a procedural step that allows for the filing of legal challenges. The states, along with web browser developer Mozilla and video-sharing website Vimeo, had filed petitions preserving their right to sue in January, but agreed to withdraw them last Friday and wait for the FCC's publication. The attorneys general argue that the FCC cannot make "arbitrary and capricious" changes to existing policies and that it misinterpreted and disregarded "critical record evidence on industry practices and harm to consumers and businesses." The White House Office of Management and Budget still must sign off on some aspects of the FCC reversal before it takes legal effect. That could take months.

41 comments

  1. Not enough actual crimes by Anonymous Coward · · Score: 0

    I guess. Abuses of power? Nothing else going on? Gotta fight for the future crimes?

    1. Re:Not enough actual crimes by bobbied · · Score: 3, Informative

      I guess. Abuses of power? Nothing else going on? Gotta fight for the future crimes?

      Come on, think about this.. It's an election year! I call it the political silly season. We are going to see all sorts of useless politically charged things said and done over the next few months. One has to make political hay as the opportunity presents itself and this NN issue plays well with specific groups.

      So who are those groups being manipulated by this vain attempt to resurrect NN? Just look at which states are doing this and figure it out for yourself..

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    2. Re:Not enough actual crimes by Anonymous Coward · · Score: 0, Flamebait

      Yes, nobody would have cared about NN if this was an off year. Right.

      Here's your sign, trumper.

    3. Re:Not enough actual crimes by MadCat221 · · Score: 2

      Which of these Attorneys General are up for re-election in 2018, or are in a state where the governor that appointed them is up for re-election?

    4. Re: Not enough actual crimes by Anonymous Coward · · Score: 0

      Don't care -- glad they are doing the right thing.

  2. Ah the AG Challenge by Anonymous Coward · · Score: 0

    Challenge accepted...it's White's move.

    1. Re: Ah the AG Challenge by Anonymous Coward · · Score: 0

      Only one thing beats the AGs gambit... the deuce of Trumps.

  3. Simple Solution by Anonymous Coward · · Score: 0

    We should give the FCC more guns. And a bonus for carrying them.
    Problem solved.

    1. Re:Simple Solution by bobbied · · Score: 2

      LOL, You do understand that some folks over at the FCC already HAVE them right? (and I do believe they are loaded)

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    2. Re: Simple Solution by Anonymous Coward · · Score: 1

      Every person who works for the government thinks they should have a gun.
      To keep the common people away and âoedonâ(TM)t you know who I am!?â

  4. Re:Freedom is like this by Anonymous Coward · · Score: 0

    Somebody should call Robocop instead.

  5. Re:Free and open internet?! BULLSHIT by fafalone · · Score: 4, Insightful

    Ah yes, the classic 'this regulation doesn't prevent every possible abuse, so we should overturn it and let ISPs do whatever they want instead of taking some protections now and fixing the problem later' argument. Good one.
    I'm sick of lying trolls like that. Everyone sees right through you. When a regulation doesn't go far enough, or a law should address it (because team (R) is in power and you actually want anti-NN to be the law), you don't strip all protections in the mean time. That's being disingenuous, you want full repeal and no NN regs and you damn well know it.

  6. No hope of consideration by Anonymous Coward · · Score: 0, Flamebait

    Basing their claim on "arbitrary and capricious changes" was stupid, since it was the Obama admins who made the arbitrary and capricious change. This ruling just resets that, which is fully under their authority as the courts reinforce almost without exception.

    1. Re:No hope of consideration by Anonymous Coward · · Score: 0

      Correcto mundo.

  7. Re:Free and open internet?! BULLSHIT by JThundley · · Score: 1, Flamebait

    You make a very convincing argument, but I think there's one important fact that you haven't considered: fartbagel.

  8. What will this really do. by GregMmm · · Score: 2

    I guess I'm putting more of a question out to readers who understand this. So 22 state AGs are going to sue the FCC because they can't 'arbitrary and capricious changes to existing policies and misinterpreted and disregarded "critical record evidence on industry practices and harm to consumers and businesses'.

    Ok, so what will this do? Is there a way this will do anything beside a "dog and pony show"? Is this just political posturing or can the AGs tell the FCC what to do?

    Personally, in all of these discussions I would like people to define what NN is to them and how they understand it. I live in Washington and I know our state governor is budgeting for a speed test website to support NN. Is this what people in leadership think NN is? What about you?

    1. Re:What will this really do. by eaglesrule · · Score: 4, Interesting

      Elected office holders need to take a position for what is a hot-button issue. IANAL but I don't see how these lawsuits will amount to anything more than a strongly worded letter. The result will likely be Ajit Pai making another mocking and condescending video trolling the public.

  9. If the FCC can impose.... by Bartles · · Score: 0, Insightful

    ....net neutrality by decree, it can repeal net neutrality by decree.

    1. Re:If the FCC can impose.... by Anonymous Coward · · Score: 1

      Maybe just Maybe they actually believe that Healthcare IS a fundamental right.

      Crazy Right?

    2. Re:If the FCC can impose.... by Anonymous Coward · · Score: 3, Interesting

      242 years ago a bunch of wackos published a manifesto. Several years later they amended it with crazy shit like Free Speech and trial by juries were rights. And the rest of the world looked on and said "What is this crazy shit. Free Speech and freedom of religion? That's just nuts." Years later those crackpots went further and said blacks couldn't be enslaved. And the rest of the world said "What are those guys smoking over there." Actually that's false. The rest of the civilized world had already eliminated slavery.

      These days things are a little different. Some people are now saying affordable health care should be a right. And the rest of the worlld is wondering when this backwater shithole country is going to catch up to the rest of the civiliized world."

      It's not that it can't be repealed by the Right. Sure it can be repealed by the Right. But look at why

      it's being repealed by the Right. It's pretty apparent that the main reason the Right is dismantling things like health care and Net Neutrality is because it was done by a <shudder>black</shudder> president. And because the Koch brothers want it that way.

    3. Re:If the FCC can impose.... by Anonymous Coward · · Score: 0

      with infinite money you can cure almost everything.

      with everyone pooling in their money, we have almost infinite money. that's a match made in hell.

  10. States should create consequences by Anonymous Coward · · Score: 1

    If AT&T, Verizon, Comcast, and all the rest want to abandon the principles of net neutrality, they are free to do so... HOWEVER, it means they will give up any and all tax breaks and other incentives given to them by the state, and then any legalized monopoly agreements they may have within the state are immediately null and void, so communities can decide to create their own ISP and there won't be anything the established players can do about it.

    This is just another case of being careful what you wish for. Verizon's initial lawsuit backfired on the industry by resulting in the telecom companies being classified as common carriers with even more restrictive regulations. Now that net neutrality has been repealed, instead of one universal set of regulations for the entire country, they have to contend with a patchwork of different policies in every state they operate in. So now they have to hire a small army of lawyers and regulatory experts to make sure they're in compliance with each state's specific regulations, instead of one or two for a single federal regulation. Someone didn't really think this through.

  11. Re:Some states want to by eaglesrule · · Score: 1, Insightful

    I can think of all the ways an unshackled corporate monopoly can innovate access to a vital resource. Yes, I can't wait for all the innovation. I'll have a nice tall glass of trickle-down too, while you're at it.

  12. I love this is the telecoms worst nightmare by Dan667 · · Score: 5, Interesting

    All that effort to get Net Neutrality repealed and now they will have not not only fight every state, county, and city, but they will also likely have a complete patchwork of implementation they will have to implement or maintain or they will get sued out of their profit. I would not be surprised if they quietly give up.

    1. Re: I love this is the telecoms worst nightmare by Anonymous Coward · · Score: 3, Insightful

      Actually, they all love it. A patchwork of regulations is great to prevent unwanted competition by small ISPs. The cost of lawyers and/or politicians can then be passed to the consumer - with an extra surcharge.

    2. Re: I love this is the telecoms worst nightmare by Anonymous Coward · · Score: 0

      I understand the sentiment, but not sure I agree. One reason for wanting to be big is economy of scale. For example, I can have one network monitoring center for a large portion of the country. Patches or other instructions to network equipment can be pushed out to thousands of nodes quickly, and easily because they are all mostly the same.

      If the laws change from region to region, now I have to hire more people to coordinate activities. and my network folks have to put in exceptions for some areas when changing configs. Plus the contracts office now needs people to review if writing a contact with a municipality will have impact on the services, or configuration offered in that region. Meanwhile, the small ISP that serves that small area doesn't care. They have far fewer laws to contend with.

      The larger ISP has to possibly hire more staff, and thus eat into their profits. It also increases the risk of mistakes, and with that the likelihood of fines, lawsuits, or loosing business.

  13. Muellers VPN list by Anonymous Coward · · Score: 0

    Well Mueller did list a bunch of US VPN's the Russians were using to be more plausible fake Americans using US stolen identities. And FCC did receive a lot of feedback from stolen identities, so it would seem obvious at this point to cross match the VPN IP addresses with the FCC received comments list.

    Identity theft is really a nice way of saying fraud, and it is a major crime, and they have the right to challenge FCC changes knowingly based on fraud.

  14. "Attorneys General"? by Hal_Porter · · Score: 1

    That's surprisingly literate for a millennial.

    --
    echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  15. Only progressives, marxists, commies whine by Anonymous Coward · · Score: 0

    You wanted the FCC to regulate the internet. NOW They have.
    All you can seem to do is threaten PAI, and send angry tweets to the POTUS, you suck. Seriously.
    This lawless leftist fudge is going down, freedom has no choice but to fight you sick demented idiots.

  16. FCC is not part of the administration by volkris · · Score: 1

    It need to be stressed that the FCC is an independent commission of the United States and is therefore not part of the administration.

    It is not part of the executive branch, and so no president has authority over it. It's not in the executive branch chain of command.

    This may sound like a minor detail, but I think it's worthwhile for us to insist that the FCC remain independent of the president as it was designed. No matter who is in the White House, the FCC was set up to prevent any president from having authority over the US communication systems.

    1. Re:FCC is not part of the administration by Rhipf · · Score: 1

      Except for the fact that the President appoints the members of the FCC and the chairman of the FCC (well and they have to be confirmed by the Senate).

  17. Stop crying by Anonymous Coward · · Score: 0

    The A.G's need to stop crying about it.

    The Federal government has no authority to regulate communications in our Constitution so it's reserved to the states and the people as defined in the 10th Amendment.

    Come up with your OWN actual LAW, instead of relying on a FCC self decree of power that they don't have.

    1. Re:Stop crying by Crosshair84 · · Score: 1

      But we are gonna go back to the dark days of 2014 when nobody had internet and you had to pay $20 to do a google search.

      Gonna be funny watching NN proponents get more and more desperate as the world doesn't end.

  18. Re:Some states want to by StevenMaurer · · Score: 1

    Networks can't "compete" - not when right of way on the last mile is a public resource. The best you can do is keep providers from taking untoward economic advantage of their natural monopoly. Network neutrality is a part of that, keeping from from double dipping.