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The FCC Is Refusing To Release Emails About Ajit Pai's 'Harlem Shake' Video (vice.com)

bumblebaetuna writes from a report via Motherboard: On the eve of the net neutrality repeal, just as tensions and public debate over the issue were reaching a fever pitch, someone in the FCC decided it would be a good idea to have chair Ajit Pai ridicule legitimate concerns of internet users with a video featuring an outdated meme and a pizzagate conspiracy theorist. Now, citing the infamous b5 FOIA exemption, the Federal Communications Commission is refusing to release emails related to the planning of the video. The b5 exemption is supposed to protect "inter-agency or intra-agency memorandum or letters which would be privileged in civil litigation," but each agency interprets that meaning differently.

19 of 84 comments (clear)

  1. Where are the leaks? by Anonymous Coward · · Score: 2

    Someone really should leak those e-mails.

    1. Re: Where are the leaks? by Type44Q · · Score: 2

      We dont need to blame Idjit Pai for anything other than the spineless shit that he's already fumbled with style - really, isn't that enough?? - but thanks for playing. Fucking lowlife.

    2. Re:Where are the leaks? by number6x · · Score: 2

      You do realize that this is people blaming Ajit Pai for something Ajit Pai did?

      You do understand that the FCC and Ajit Pai were wasting taxpayer money to make fun of tax payers, and those tax payers are completely entitled to complain about this example of wasteful corruption?

      I don't understand why you want to talk about Hillary or thunderstorms. Trying to change the subject is a very weak strategy. It makes you look like a loser. If you have a reason why the public servants in the FCC should be wasting your money ridiculing Americans and making fun of Americans, please lay out your arguments and enlighten us.

  2. total fucking transparency by Anonymous Coward · · Score: 3, Insightful

    Tough shit. it's my tax dollars, I get to know what it is spent on.

  3. Given the sheer number of people sueing him by rsilvergun · · Score: 2, Insightful

    he might have a leg to stand on here. Still, none of this really matters. The only way to solve this is to kick the bum out that appoints him.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:Given the sheer number of people sueing him by greenwow · · Score: 3, Informative

      > kick the bum out that appoints him.

      Obama appointed him to the FCC, so that "bum" has already been kicked out.

    2. Re:Given the sheer number of people sueing him by greenwow · · Score: 4, Insightful

      Correct. Obama was forced to appoint him.

    3. Re:Given the sheer number of people sueing him by Anonymous Coward · · Score: 5, Informative

      Obama appointed him to the FCC for a 5 year term. Trump appointed him to be CHAIRMAN of the FCC in Jan 2017 when he took office, and then nominated him for another 5 year term. Since net neutrality was only appealed AFTER he became CHAIRMAN, and that was the result of Trump, I don't think it's fair to blame Obama.

    4. Re:Given the sheer number of people sueing him by jittles · · Score: 4, Insightful

      he might have a leg to stand on here. Still, none of this really matters. The only way to solve this is to kick the bum out that appoints him.

      Since he is being sued claiming that he intentionally destroyed net neutrality, I do not believe any memos, emails, or any other written documents related to the creation of that video would be considered privileged during civil litigation. That video tends to suggest that he doesn't give a damn about the best interests of the people of the US, and that he brazenly mocked the people he is supposed to be serving. So the first thing any plaintiff is going to ask for is communication regarding the video.

    5. Re:Given the sheer number of people sueing him by Samurai+Nigel · · Score: 2

      Not when the overwhelming majority of petitioners, and people polled about Net Neutrality in general, are opposed to the overturning. "Best interest of the people," in this case, is probably more accurately stated as "majority will of the people."

  4. The actual letter by kenh · · Score: 3, Insightful

    Did MuckRake file a similar FOIA request to find out who thought it was a good idea for the President to take time out of his schedule and make a video of his March Madness bracket? Or who thought it was a good idea to dress up a group of hospital administrators in lab costs for a presidential press conference about PPACA?

    I'm sure they did - since the issue is government waste, not petty party politics, right?

    --
    Ken
    1. Re:The actual letter by Anonymous Coward · · Score: 5, Insightful

      who thought it was a good idea for the President to take time out of his schedule and make a video of his March Madness bracket?

      Holy butthurt batman!! You are torqued the president did an interview with ESPN. Really? Really?? Are you going to start bitching about the presidential easter egg roll now too?

      Since you obviously don't understand the role of the president - a lot of it is about unifying the country. Participating in non-partisan public rituals like sports is one way that's done. Its literally his job. Not that the current president could ever be bothered to do anything more unifying than a stilted recitation of somebody else's words from a teleprompter - but all the prior 44 presidents took that part of the job seriously.

      Meanwhile idjit pai's video wasn't about unifying shit. It wasn't even about explaining or promoting his ideas. It was about making sure that people who disagreed with his policy goals knew he thought they were idiots. In essence, it was just a video of him masturbating.

  5. Dickery by Anonymous Coward · · Score: 5, Informative

    " since the issue is government waste"

    You might want to limit the scope to that, but it was Ajit being a dick at a time when his job requires he be professional and consider the feedback.

    Running a consultancy, as required by law, when you've already made your mind up, is bad governance. Accepting millions of duplicate comments from fake ids, is bad governnance. Saying industry talking points that are flat out untrue is bad governnance.

    So now the telcos are free to screw over their customers again, and he is to blame.

  6. Re:I wish Obama hadn't approved him by Anonymous Coward · · Score: 3, Informative

    That Obama appointed him is irrelevant. Obama was required to appoint a (at the time) minority (republican) candidate, and that was who the GOP chose. It could have been any conservative really... Ajit or anyone else. When Republicans took power and elevated their puppet to Chairman, that's when shit started to hit the fan.

  7. Maybe It's The Precedent... by ytene · · Score: 4, Interesting

    Just a guess here, but maybe the reason for declining this isn't solely down to the identity of the current FCC Chair.

    If the FCC were to agree to this request and provide the details, they also set a precedent - a legal precedent - in which they have turned over materials in this way. Once they do this, anyone who in future might want to get access to other FCC materials would then be able to cite this case in support of their argument for disclosure.

    I do not agree with this as grounds for refusing the request.

    Everything our governments do for us, is paid for by us. There will necessarily be certain aspects of security for which a government would have no choice but to decline a request on the grounds of national security. However, the conditions for claiming these grounds should be clearly and explicitly defined and kept under constant review. There should be an independent "insider" with the authority to review any documents that a sitting government of the day refused to disclose. There should be robust appeals mechanisms.

    At the end of the day, governments exist to serve the people that elect them. When a government - or a branch of government - refuses a request like this, they make an implied statement of "we are more important than you", or "we are superior to you". At it's mildest, this is how corruption in office starts. At the worst, this is how dictatorships form.

    There need to be limits on this, of course. The public have a right to understand anything that any FCC Chair has said or done in their capacity as a member of the FCC, paid for by the public dime. There is a right for transparency in decision-making and government to help ensure that government remains fair and free from corruption and outside influence.

    In hindsight, perhaps this was the wrong request to make. It has allowed the FCC to decline a request for something that would most likely have been merely embarrassing to the current FCC Chair, but in so doing creates the precedent that I mention above. Perhaps this powder should have been kept dry for something a little more egregious, and/or something that could not have been "reasonably refused".

    1. Re:Maybe It's The Precedent... by SinGunner · · Score: 2

      That's a lot to write for someone who doesn't seem to understand how the FOIA works. Next time, save my OCD some time and read, don't write: https://en.wikipedia.org/wiki/...

  8. Re:I wish Obama hadn't approved him by kenh · · Score: 2, Insightful

    You excuse his approval of Pai because Obama had no choice? He could have refused and told Republicans to nominate another candidate - he chose not to, so he chose to accept Pai.

    --
    Ken
  9. Re:I wish Obama hadn't approved him by kenh · · Score: 2, Informative

    Obama made him part of the commission but it took a Trump to make him chairman.

    Don't be so modest, without Hillary as his opponent, we wouldn't have gotten Trump as President.

    --
    Ken
  10. Re:Pizza-gate conspiracy theorist - Where?? by Samurai+Nigel · · Score: 3, Informative

    Daily Caller video producer Martina Markota is one of the people dancing with him in the video. The same Martina Markota who's one of the big proponents of the Pizzagate conspiracy theory.

    Facism, by the way, is apparently a word you don't understand.