Supreme Court Nominee Brett Kavanaugh Opposes Net Neutrality (arstechnica.com)
Beardydog writes: An article currently on Ars Technica examines comments about net neutrality issues by recent Supreme Court nominee Brett Kavanaugh. Kavanaugh not only rejects the FCC's reclassification of ISPs under Title II, but seems to also support a broad First Amendment right to "editorial control," allowing ISPs to selectively block, filter, or modify transmitted data.
Kavanaugh compares ISPs to cable TV operators, rather than phone companies. "Deciding whether and how to transmit ESPN and deciding whether and how to transmit ESPN.com are not meaningfully different for First Amendment purposes." Here's what Ars Technica had to say about Kavanaugh's argument, which did not address the business differences between cable TV and internet service: "Cable TV providers generally have to pay programmers for the right to carry their channels, and cable TV providers have to fit all the channels they carry into a limited amount of bandwidth. At least for now, major internet providers don't offer a set package of websites -- they just route users to whichever sites the users are requesting. ISPs also don't have to pay those websites for the right to 'transmit' them, but ISPs have argued that they should be able to demand fees from websites."
The report also mentions Kavanaugh's support of NSA surveillance: "In November 2015, Kavanaugh was part of a unanimous decision when the DC Circuit denied a petition to rehear a challenge to the NSA's bulk collection of telephone metadata. Kavanaugh was the only judge to issue a written statement, which said that '[t]he Government's collection of telephony metadata from a third party such as a telecommunications service provider is not considered a search under the Fourth Amendment.' Even if this form of surveillance constituted a search, it wouldn't be an 'unreasonable' search and therefore it would be legal, Kavanaugh also wrote."
Kavanaugh compares ISPs to cable TV operators, rather than phone companies. "Deciding whether and how to transmit ESPN and deciding whether and how to transmit ESPN.com are not meaningfully different for First Amendment purposes." Here's what Ars Technica had to say about Kavanaugh's argument, which did not address the business differences between cable TV and internet service: "Cable TV providers generally have to pay programmers for the right to carry their channels, and cable TV providers have to fit all the channels they carry into a limited amount of bandwidth. At least for now, major internet providers don't offer a set package of websites -- they just route users to whichever sites the users are requesting. ISPs also don't have to pay those websites for the right to 'transmit' them, but ISPs have argued that they should be able to demand fees from websites."
The report also mentions Kavanaugh's support of NSA surveillance: "In November 2015, Kavanaugh was part of a unanimous decision when the DC Circuit denied a petition to rehear a challenge to the NSA's bulk collection of telephone metadata. Kavanaugh was the only judge to issue a written statement, which said that '[t]he Government's collection of telephony metadata from a third party such as a telecommunications service provider is not considered a search under the Fourth Amendment.' Even if this form of surveillance constituted a search, it wouldn't be an 'unreasonable' search and therefore it would be legal, Kavanaugh also wrote."
I'm not sure why this is so hard for people to understand - judges don't (and shouldn't) make the laws. They only attempt to interpret them as cases are brought before them where a violation is claimed.
Want different laws? Elect different legislators.
I hate the color blue! If he can't prefer the color green over blue he shouldn't be be a justice!
Because it really doesn't MATTER on topics which don't really APPLY the the supreme court. Get your congress-critters two write law well and it'll survive any decision from SCOTUS.
saying so let's them off the hook. They know exactly what they're doing. I just wish the voters would stop calling them names and start calling them out on their pro-corporate, anti-consumer and anti-worker agenda. There just comes a time to call a spade a spade...
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Well in New Zealand I have access to 26 different ISPs, Fibre goes in next week and I can have 900/400 unlimited, no traffic shaping, no port blocking, ie true net neutrality for US$68 / month.
This is what happens when you keep big business out of government and you have a government by the people for the people.
You guys should try democracy.
https://en.wikipedia.org/wiki/...
In states like Colorado, Utah, Nevada, Arizona, New Mexico and Texas, out side a big city there are typically only one ISP that is it. They charge whatever they want and block everything they feel people should not see. These places have the worst internet and the highest prices. One place I went (to be unnamed) the person was paying $300 a month for 2Mb and sites like Starbucks, Amazon and Walmart were blocked because the ISP board has a issues with these sites so the end-user suffers. Completely out of control. We need to force the ISPs to NOT block anything and provide pricing that is an average nation-wide for same speeds and medium.
The headline could instead read "Supreme Court nominee supports broad interpretation of First Amendment rights, non-interference in the private sector" and nobody would be upset about it and it would be an equally true headline. It's all in the phrasing. So a conservative-leaning judge supports free markets and broad application of the First Amendment. This surprises people...why, exactly?
In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
Everything you said is illegal. The left proposes nothing but illegal activity. It must come down to tit for tat right? It must come down wrong for wrong and violence for violence right?
+ firm supporter of the 2nd amendment, without which all other amendments become moot
-1: Naive idiot.
Information is power.
Small arms are *not* power.
If the reason for saying net neutrality is unconstitutional is the ISPs' first amendment right to make editorial decisions on what they carry, does that mean that they can also be sued or prosecuted over illegal content that they carry?
The real "Libtards" are the Libertarians!
>"But if any are out there willing to raise their voices I want to ask: what, if anything, will make you stop supporting him?"
I think you are asking the wrong question. A better question might be "At what point will the nation seriously consider a new voting system, like ranked choice, that will make it possible for better candidates to gain traction and other parties to actually compete fairly?" Otherwise, we will continue to pretend that the current D and the current R are the only valid and rational choices. Most voting now is near meaningless because of where one geographically lives, and/or single-issue polarization, and/or voting for the "least worst", and/or horrible candidates on the only two tickets than can win because of the "first past the post" system we still use. The political spectrum is not, and should not, be a two point location on a single line that attempts to describe everything.
Since voting methods are controlled by the States (and hasn't yet been unconstitutionally taken over by the Fed, like so much already), meaningful voting method change actually COULD happen (which is the major reason for the 10th Amendment). It is making inroads in local governments all over the country and starting to pick up interest at State levels. It would have a huge positive impact in party primaries, too (regardless of which party). It doesn't matter what party you support or what your political positions are, IRV/AV/RC is good for EVERYONE.
http://fairvote.org/
I guess what I'm saying is, I get it, he's not Hilary. But Hilary's gone, and Trump's poll numbers don't budge. I know Trump supporters are out there on this forum. I also know they mostly keep to themselves on political issue. But if any are out there willing to raise their voices I want to ask: what, if anything, will make you stop supporting him?
You want an honest answer? The Democrat party has become so toxic that I will never support them. They could be running against Usama Bin Laden's zombie corpse and I would still vote against them.
If you want people to stop supporting Trump, you need viable third parties. As long as the only choice is between Trump and a party that has lost its mind and has gone so far off the deep end, the choice is pretty simple: Trump all the way. It's not like there's another option.
I'm freaking out over Trump because he's attacking Obamacare. I have a type-I diabetic friend (born with it, symptom's started in his pre-teens) who is alive today because the Medicare expansion covered his insulin. Until then he was fighting with our local state government to get enough meds to live. The affect of the disease means he can't work, he spends 2-3 months out of the year just down and out. He's smart enough (smarter than me) but nobody's going to hire you if you randomly disappear 3 months out of the year and good luck starting your on business. He almost died of a heart attack once... in his 30s.
I've got other family members with medical conditions that will be screwed in the pre-existing coverage protections go away. Trump's allowing a lawsuit against those protections to go unchallenged. And I'm 40, so I've got my own problems too....
I'm not anti-Trump because he says mean things. We could do with less civility in this country. I'm so fucking tired of people stabbing me in the gut, twisting the knife and people telling me it's OK because the guy with the knife is _smilling_ while he kills me and mine...
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the only reason we lost 'Nam was the press was paying attention and they wouldn't let us kill civilians indiscriminately. Take a look at the civilian casualties we admitted to for Iraq. It's over 200k. That's just what we admit to. By the time Iraq/Afghanistan came along the military industrial complex and mega corps had control of the media. Problem solved.
See, all it takes is a willingness to use brutality. If you're at the point where you're taking up arms against your own country then I guarantee you that your country is ready, willing and able to use that same brutality against you. Remember, we managed to make torture^XEnhanced Interrogation OK again. If we can do that we can do anything to you and your ragtag band of rebels. This isn't Star Wars, this is reality. And reality is not nice.
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He also specifically said the proper road was impeachment, removal from office, and then criminal investigations. There is no "must be a criminal" requirement for impeachment.
First of all, area does not grow exponentially (hint: square meter). Secondly, even in high density population area, the US providers are not delivering fast and cheap services.
Thirdly, Australia have got not a so high percentage of rural population. Population is concentrated on the coasts.
If you are not able to see there is a problem, you won't solve it.
Please don't be obtuse. Nixon resigned because he was about to be impeached and convicted, and he knew it. The articles of impeachment passed out of the judiciary committee with clear majorities, in a couple of weeks he was gone.
If Nixon was protected from criminal investigation, and if United States v. Nixon wasn't a unanimous ruling against Nixon's demands for unrestricted Presidential immunity from the judicial process but instead went the other way as Kavanaugh would prefer, then Nixon would have been in a far safer position to defend against his removal.
If a president is immune from investigation and scrutiny, then it is far more difficult for anyone to contain a criminal president, impeachment is an impotent check if must be carried out in the dark. And well, if what you really want is an unconstrained criminal president (such as Nixon was at his very worst), then I have no patience for you.