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Democrat With Financial Ties To AT&T Guts California's Net Neutrality Law (mashable.com)

A Democratic assemblyman with financial ties to AT&T has gutted a new law that would serve as a gold standard for true net neutrality protection across the country. The bill SB 822 is expected to be voted on by the California State Assembly Communications and Conveyance committee on Wednesday, where it would go to the state assembly for a full vote, at which point it would become law if it passes. "But late Tuesday evening, Miguel Santiago, a California assemblyman and chair of the Communications and Conveyance committee, edited the bill to allow for gaping loopholes that benefit the telecommunications industry and make the net neutrality legislation toothless," reports Mashable. From the report: If Santiago doesn't remove his amendments, he would be the first California Democrat to side with the Trump administration to actively destroy net neutrality, according to Fight for the Future (an internet freedoms advocacy organization). Specifically, the amendments undermine net neutrality in a few ways. First, they would allow ISPs to charge any website a fee for people to be able to access it.

Next, they would give some content (such as content owned by the provider) preferential treatment on cellular data. That means that some content would eat up cellular data, while others would be free or less impactful to access. There's a high likelihood that privileged content would be created by the network's parent company, since so many telecoms companies like Comcast and, recently, AT&T, now both own the actual content, and the way it's distributed. This loophole makes it likely that people wary about using up the data that they pay for would opt for the content privileged by their telecoms provider, which undermines consumer choice. And finally, Santiago's edits allow for throttling, which means intentionally slowing down content, but with a twist: Instead of slowing down the connection to consumer devices, the data is slowed at the website or service side, affecting everyone trying to access it.

36 of 266 comments (clear)

  1. Cmon folks by Anonymous Coward · · Score: 4, Insightful

    Now is where we all act surprised that Democrats are just as beholden to their money sources as Republicans.

    1. Re:Cmon folks by ShanghaiBill · · Score: 4, Informative

      One assemblyman can not just "edit" the bill without the rest of the committee approving the changes. The committee is majority Democrats. So he is not alone in trying to undermine NN. Perhaps he is the only one willing to do so openly, since "in committee" votes are often secret in California. There is more to this story that what is in TFA.

    2. Re:Cmon folks by Etcetera · · Score: 4, Interesting

      One assemblyman can not just "edit" the bill without the rest of the committee approving the changes. The committee is majority Democrats. So he is not alone in trying to undermine NN. Perhaps he is the only one willing to do so openly, since "in committee" votes are often secret in California. There is more to this story that what is in TFA.

      I'm sure they'll find a way to blame Republicans despite their 2/3 majority.

    3. Re:Cmon folks by Xenx · · Score: 4, Informative

      I don't know which reason would be worse. On one hand, they knowingly voted it through as is in complete disregard for the people they are supposed to serve. On the other hand, they're too stupid to do their job and voted through what they were told.

    4. Re:Cmon folks by flargleblarg · · Score: 4, Funny

      There is more to this story that what is in TFA.

      Hmm, I don't remember any of this in The Force Awakens.

    5. Re: Cmon folks by Anonymous Coward · · Score: 3, Informative

      No now is the time when everyone will claim that socialism is so much better. Without any evidence to back it up.

      Thanks, low effort A/C.

      None of the wealthy corporate interests that run the US would allow even a debate about a better governmental system in the US, as this article helps illustrate.

      Government for the government by the government - AKA "public employee unions" disagree with your assertion as to who runs the country.

    6. Re:Cmon folks by thomst · · Score: 5, Interesting

      ShanghaiBill pointed out:

      One assemblyman can not just "edit" the bill without the rest of the committee approving the changes. The committee is majority Democrats. So he is not alone in trying to undermine NN. Perhaps he is the only one willing to do so openly, since "in committee" votes are often secret in California. There is more to this story that what is in TFA.

      Yep.

      The committee's chairman CAN unilaterally add amendments to the bill, but the committee as a whole must vote to approve the amendments before the bill is sent to the floor for a vote by the whole membership of the Assembly. If it passes there, it must then go to the state Senate, where it will also be subject to amendment - including amendments to delete the language the Assembly committee chair added. If the Senate then passes it as amended, it would go to a conference committee, which could further amend it, before it's returned to both houses for a final, up-or-down vote, with no further amendments.

      At any point in the process, it could simply be spiked. The Assembly committee, for instance, could vote not to recommend it to the full Assembly. The Assembly as a whole could vote it down. The Senate could vote it down, when and if it gets there. And, finally, the conference committee's compromise could be rejected by one or both houses.

      And, of course, the governor could veto it, which would require a supermajority of both houses of the Lege to overcome.

      Knowing California politics as I do, I'm confident that Santiago's amendments are meant as poison pills. He's fully aware that neither the Assembly as a whole, nor the Senate will pass the bill if it still contains his telecom industry-fellating provisions. I'm sure he's counting on that fact to ensure the bill either never makes it out of his committee, or that it dies on the floor of one or the other house, thereby killing off a California-wide legal mandate for net neutrality.

      It's as transparently cynical a ploy as I've seen in legislative politics. And it may just work.

      The thing is, California has this thing called the initiative process that would allow a voter-initiated measure to be placed on the ballot to enshrine net neutrality in the state constitution, instead of the State Code (where it would be subject to amendment by a future Legislature). And that could easily happen in reaction to this maneuver.

      It's make for an interesting (and entertaining) public fistfight between Silicon Valley and the telecom industry. They both have more money than God, and you can be sure they'd spend hundreds of millions each on political advertising for and against.

      The main thing, though, is that ShanghaiBill is absolutely correct, and the headline (which is straight from the SFGate website and the San Francisco Chronicle-Examiner) is profoundly misleading.

      You know: clickbait meets yellow journalism ...

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    7. Re:Cmon folks by mchall · · Score: 2

      Also, "gut and amend" is pretty common practice in California politics. It gets around the normal period required for public comment. Bills in California often have nothing whatsoever to do with their original content by the time they come up for vote.

  2. It's not a partisan issue. It's corruption. by HeckRuler · · Score: 5, Insightful

    Yeah, while the repeal of title II classification which was enforcing Network Neutrality came form republicans despite it being massively popular with their voter base, it's important to remember that this is NOT a partisan issue. EVERYONE wants network neutrality and the only people who are pushing against it are those who are bought and paid for. Corruption, through and through. (That said there are a bunch of really shitty ways to implement any enforcement of NN. These two changes are fucking bullshit though, and Santiago can go to hell)

    Also, the way political donations work, are there ANY politician that have "Financial Ties" to a telecom?

    1. Re: It's not a partisan issue. It's corruption. by Anonymous Coward · · Score: 5, Informative

      This is the difference between Democrat voters and Republican voters. Democrats call their politicians out on this bullshit. We* don't try to rationalize that ATT is really looking out for us and the good guy. We* can admit when one guy on our team is being an asshole.

      *We: I'm not a dem, but by god, in comparison to the other option I may as well be.

    2. Re:It's not a partisan issue. It's corruption. by dog77 · · Score: 3, Interesting

      While most EVERYONE wants net neutrality, there are many, mostly on the right, that don't want the government involved in regulating the Internet because they are concerned about the unintended consequences of this. This is legitimate position and while you may not agree with it, it is misguided to pretend this view does not exist and to chalk it off as corruption.

  3. Totally confused by MobyDisk · · Score: 5, Interesting

    The summary is misleading. It claims Miguel Santiago did it, but in reality the entire committee approved the changes 8-0. Why the sudden 180 degree turn? The bill essentially does nothing now. The linked article shows a very clear diff of the text. Who introduced the bill in the first place, and why weren't they on the committee? Or did they just vote to remove all their own work? Was this the plan all along?

  4. Fall Guy by GregMmm · · Score: 3, Insightful

    Seems like SOP. Make a law that looks like it will have a bite to it, then at the last minute do a quick amendment. Talk behind closed doors who will take the fall guy/gal. (who's retiring, rock paper scissors, etc) Then everyone else has someone to blame, and they supported the Bill at the same time. Win-Win for the politicians!

    Let's not kid ourselves, most of the politicians are bought, not just this one who did this. Granted there are a few that really care to do what is right, just not the majority.

    1. Re:Fall Guy by fustakrakich · · Score: 2

      Talk behind closed doors who will take the fall guy/gal.

      It's called 'Rotating Villain'

      --
      “He’s not deformed, he’s just drunk!”
  5. Re:Not a surprise by jwhyche · · Score: 5, Insightful

    It is worse than that. This is why I vote independent. While both the democratic and republican pay lip service to having different ideologies, which is bullshit. When it comes down to they both serve the same master, the one with the deepest pockets. Democrat, republican same coin, just different sides.

    --
    I read at +2. If your post doesn't reach that level I will not see or respond to it.
  6. What's left? by fafalone · · Score: 3, Insightful

    So what's even left? Sounds like every single item constituting net neutrality has been removed. Might as well have just added a 'jk, this bill is null and void' at the end. What a corrupt scumbag.

  7. Re:One Democrat vs. The Entire GO-sellout-Party? by Anonymous Coward · · Score: 2, Interesting

    I'm not the original AC, but yes. Republicans removed already-toothless regulation that had literally done nothing to curb throttling and other non-neutral ISP behaviors. People fighting so hard for what was there seem to forget that it only came into existence in 2016 -- and literally nothing improved with its passage.

    Should they have replaced it with something that has teeth? Yes. But as long as it's a political game, there's going to be bullshit amendments inserted by both parties because neither of them give a crap about regular people, nor do any of them understand what ISPs do to begin with. Just take a look at the Facebook privacy hearing; one would think that they could grasp the idea of privacy, but nope.

    Both parties are terrible for regular people. Democrats just get a little more help from the media, that's all.

  8. Re:Not a surprise by jwhyche · · Score: 2, Insightful

    I understand your read at a 2nd Grade Level,

    You should have stopped there, you had already embarrassed yourself enough. The rest of your statements only goes to show how ignorant you truly are.

    --
    I read at +2. If your post doesn't reach that level I will not see or respond to it.
  9. Re:Not a surprise by SirAstral · · Score: 2

    he is using the "no true Scotsman" fallacy but is not entirely wrong either. The only thing he is wrong about is the idea of "true neutrality". He is right they were never for it, but actual neutrality by definition means NO rules in reality or it would not be neutral, it would instead by pro or anti something.

    Net Neutral had Zero-Rating in it and was a huge loophole that would allow content owning ISP's to favor their content services over others effectively making NN a weak to pointless affair on that front.

    Now, lets also look at some of the other things... enforcement. NN had provisions that allowed the FCC to nebulously decide what was and was not a violation of NN rules. This is not fair at any level, kinda like the illegal to be black on a Friday night cops types of unfair. Rules need to be well defined for very obvious reasons and they failed to do that.

    Pai is just another crony over zealous "regulate all the things" crowd has indirectly invited in. Well meaning people have little desire to take on these kinds of responsibilities so when you create them, you are going to more often than not attract a specific kind of crowd that are definitely interested in these things and they are likely not going to care about the little guy along the way because why would they? They don't get anything but a thank you from you at best and a hefty amount of cash and perks from the industry on the other hand.

    Which would you take? Most people would not be able to resist going the route Pai has gone and most would be able to justify why they are doing it in their own minds. It was already clear that most people are more than willing to sacrifice some ideals just by the simple fact that we had an Election where two of the worst humans on the face of the planet were running for President in a face off. That actually says quite a lot about the state of politics in America right now!

  10. Bernie Sanders, Liz Warren by rsilvergun · · Score: 3, Interesting

    and everybody who runs as a Justice Democrat. They've all refused to accept corporate and PAC money. Why anyone would vote for a politician that won't pledge against corporate & PAC money is beyond me. I mean, in the General when it's too late, ok, but in your _primary_ and you're voting for politicians who openly admit to being bought? Why? Just Why?

    --
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  11. Don't vote Independent by rsilvergun · · Score: 3, Insightful

    Vote in your primary and only vote for politicians who refuse corporate & PAC money. If you have to join a party to vote in primaries join the Democrats. They've got a wing that refused corporate/PAC money.

    Until we can get voters to refuse politicians who've been bought of we're boned.

    --
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  12. Re:Not a surprise by HiThere · · Score: 2

    There exist Democrats who do not support Net Neutrality, and there exist Republicans that do. In neither case are they the majority within their party, but the arguments for/against Net Neutrality aren't along normal party lines.

    Actually, that's true for a lot of measures that affect technology. You have to look at each politician independently. Some of them won't care much, and will adhere to the standard party line, others will have their own ax to grind. (Please note that I did not specify whether or not the party line should be adhered to...but there's usually a cost if you don't.)

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  13. Re:Not a surprise by HiThere · · Score: 4, Insightful

    No, they DON'T serve the same masters. It's just that neither of them serve the voters. E.g., the Democrats are much more in the pocket of the RIAA and the MPAA than are the Republicans.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  14. Re:Not a surprise by jwhyche · · Score: 5, Insightful

    No, they DON'T serve the same masters

    Not masters, master. They server the same master, money.

    --
    I read at +2. If your post doesn't reach that level I will not see or respond to it.
  15. Re:Send Miguel Santiago a commet... by MobyDisk · · Score: 2

    Don't forget about the other 7 committee members who voted the same way. Don't get carried away by the Slashdot summary: they were all colluding to do this.

  16. Re:One Democrat vs. The Entire GO-sellout-Party? by Anonymous Coward · · Score: 3, Insightful

    You are absolutely right. The party of slavery is much worse than the Grand Old Party. The Repubs just want to make the rich richer (while making a buck doing it). The democrats want to make you into a slave (while also making themselves rich). Throw them BOTH out. Get a working Libertarian party option and go back to constitution meaning something.

  17. Re:We The People by omnichad · · Score: 4, Funny

    Just de-prioritized.

  18. Re:Not a surprise by Tough+Love · · Score: 2

    Very, very few people pay attention to Linux because it's a raindrop in an ocean.

    Oh yeah, right. With 85% of smartphones, 70% of net servers, 95% of data centers, 100% of top 500 and 60% of embedded devices, nobody sane ignores Linux. Next goal: 30% of PC desktops.

    --
    When all you have is a hammer, every problem starts to look like a thumb.
  19. Re:Not a surprise by jwhyche · · Score: 4, Interesting

    At times I wonder if comments like the parent's are just a paid troll trying to weaken democracy in America. Democrats may not be perfect but there are differences. Saying there are not does not absolve you of responsibility of the consequences of not choosing.

    I wish I i could be a paid troll. I'm really good at it, and I do enjoy it. To get paid for it to boot was just be sweet.

    But back to what you said. I don't know what is funnier, The fact that you actually tried to type that and expect people to believe it, or the fact that you might believe it yourself. The first is actually funny as in ha ha, the former is actually funny as in funny sad.

    Both republicans and democrats tell you what you want to hear so you won't get off the wagon.

    For instance why does that crazy loon Maxine Water keep screeching "impeach impeach" for? Knowing damn well there is no way in hell they will impeach Trump. It's what her voters want to hear, so she can get re-elected and keep on sucking on that tax payer tit.

    Same reason Lord Trump keeps bleating on about a wall that never will be built, or locking her up knowing it will never happen? It's because that is what his supporters want to hear.

    It's all about money and power. The Clinton's where charging money for political favors. They just got greedy and it got out. The only reason the democrats didn't abandon the hildibeast is she still has a ass load of political supporters. That is the only reason she isn't sitting in a jail cell right now.

    Money that is the true master in Washington. Think of this, how many poor politicians are there?

    --
    I read at +2. If your post doesn't reach that level I will not see or respond to it.
  20. Re:Not a surprise by jwhyche · · Score: 3

    A single Independent is akin to a single palm tree trying to stop a tidal wave. The wave simply mows down everything in its path. The gesture is noteworthy, but gestures don't fix problems. You'll need a forest of trees to make a difference.

    Normally, I would argue with you till I was blue in the face. But you know what? You got to a point, and it's a good one. Most independents know when we don't vote for the big two we are just pissing in the wind. But we keep hoping.

    --
    I read at +2. If your post doesn't reach that level I will not see or respond to it.
  21. Re:Fundamental issues by Actually,+I+do+RTFA · · Score: 2

    there is something fundamentally wrong with it if a single person who apparently represents a small part of one city can completely change a law affecting the entire state

    Paul Ryan represents a portion of Wisconsin and essentially has veto power over legislation for the whole US. Theresa May represents the district of Maidenhead, and is negotiating the Brexit. David Nunes represents a part of California, and is controlling the main flow of information about various investigations for the whole federal government.

    --
    Your ad here. Ask me how!
  22. Re:Not a surprise by serviscope_minor · · Score: 2

    Oh yeah, right.

    Well it won't be for much longer. Sure it's GNU/Linux now, by next year it'll be SystemD/Linux and the year after SystemD/SystemD. After that all the major tools (vi, grep, libreoffice, you know everything) will gain systemd inegration and by integration I mean they'll be integrated all the way into systemd and cease to exist as separate entities.

    There are no plans to ever integrate pulseaudio though since it's known to be too full of bugs.

    --
    SJW n. One who posts facts.
  23. Re:We The People...have been fooled by sycodon · · Score: 2, Insightful

    ...the first California Democrat to side with the Trump administration to actively destroy net neutrality

    Actually, Trump's position is no regulation.

    Santiago's position is regulation that gives the government control, but also rewards financial donors.

    --
    When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
  24. Re:um have you LOOKED at the CA electoral map? by thomst · · Score: 4, Informative

    An Anonymous Coward lied:

    The Democrats Gerrymandered the sh*t out of this state many years ago.

    Brzzt. Wrong.

    After California's voters overwhelmingly approved Proposition 20 in 2010 (which added Congressional redistricting to the responsibilities of the existing California Citizens Redistricting Commission - which was itself created by the citizens initiative process in 2008), the state's Congressional district lines were re-drawn by the California Citizens Redistricting Commission, in conformance with the U.S. Constitution's census and redistricting clause.

    The Commission was originally created to redraw California's state Senate and Assembly districts - which had been gerrymandered in favor of Republicans under the previous processd, in which the legislature was responsible for redistricting, which naturally resulted in a winner-take-all map, depending on which party held the majority at the time. Prop 11 (which passed by 51% to 49%) handed those duties to the Commission, instead, and wrote that provision into the state constitution.

    The California Citizens Redistricting Commission consists of five Democrats, five Republicans, and four members who are either declared non-partisans, or members of minority parties), all of whom are appointed by the sitting governor. The Commission is charged, by constitutional law, with drawing districts according to the following criteria:

    1- Population Equality (districts must comply with the U.S. Constitution’s requirement of “one person, one vote”),
    2 - Federal Voting Rights Act (districts must ensure an equal opportunity for minorities to elect a candidate of their choice),
    3 - Geographic Contiguity (all areas within a district must be connected to each other, except for the special case of islands),
    4 - Geographic Integrity (districts must minimize the division of cities, counties, local neighborhoods and communities of interests to the extent possible, without violating previous criteria - "a community of interest" being defined as "a contiguous population which shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation"),
    5 - Geographic Compactness (to the extent practicable, and where it does not conflict with previous criteria, districts must not bypass nearby communities for more distant communities),
    6 - Nesting (to the extent practicable, and where it does not conflict with previous criteria, each Senate district will be composed of two whole Assembly districts, and Board of Equalization districts will be composed of 10 Senate districts).

    Prop 20 (another voter intiative, which passed by 61% to 39%) gave the Commission responsibility for congressional redistricting, as well, and imposed the same set of considerations on the districts it would create.

    Opponents of Prop 20 - which is to say "the Republican Party" - sued in Federal court to remove congressional redistricting from the Commission, claiming that it was an unconstitutional usurpation of the legislature's powers. However, SCOTUS ruled in a similar case filed in Arizona that a non-partisan state commission created by a citizen initiative was a constitutionally-valid alternative to legislative redistricting, which mooted the challenge. As a result, the Commission redrew California's congressional district maps in accordance with the considerations I listed above, and congressional elections since 2010 (there have been 3 of them thus far, with another coming up in November) have been conducted based on those districts.

    So, far from your bullshit claim, the California Citizens Redistricting Commission efforts have resulted in district maps that are FAR less gerrymandered, FAR more geographically compact, and, frankly, FAR more representative of

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  25. Re:Not a surprise by Dragonslicer · · Score: 2

    But when you vote for Jill Stein or Gary "Aleppo" Johnson you are not meaningfully participating, and we end up with what we have

    Hilary Clinton won my state by something like 25%. My vote wasn't going to matter anyway.

  26. Of course they do. by Uberbah · · Score: 2

    The same pharma/banking/oil/war scumfucks fund and thus control both parties.