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Ajit Pai Calls California's Net Neutrality Rules 'Illegal' (arstechnica.com)

On Friday, FCC Chairman Ajit Pai called California's net neutrality bill "illegal," saying it "poses a risk to the rest of the country." The bill recently passed California's state Assembly and now awaits the signature of Governor Jerry Brown.

In response to Pai's speech, Scott Wiener, California's Senator who authored the bill, said they are "necessary and legal because Chairman Pai abdicated his responsibility to ensure an open internet." "Unlike Pai's FCC, California isn't run by the big telecom and cable companies," Wiener also said. "Pai can take whatever potshots at California he wants. The reality is that California is the world's innovation capital, and unlike the crony capitalism promoted by the Trump administration, California understands exactly what it takes to foster an open innovation economy with a level playing field." Ars Technica reports: Pai targeted the California rules in a speech at the Maine Heritage Policy Center. Pai derided what he called "nanny-state California legislators," and said: "The broader problem is that California's micromanagement poses a risk to the rest of the country. After all, broadband is an interstate service; Internet traffic doesn't recognize state lines. It follows that only the federal government can set regulatory policy in this area. For if individual states like California regulate the Internet, this will directly impact citizens in other states. Among other reasons, this is why efforts like California's are illegal. In fact, just last week, the U.S. Court of Appeals for the Eighth Circuit reaffirmed the well-established law that state regulation of information services is preempted by federal law. Last December, the FCC made clear that broadband is just such an information service."

29 of 285 comments (clear)

  1. We all know by DaMattster · · Score: 5, Insightful

    Ajit Pai is a stooge for Big Telecom. Government should not advocate for large business and enterprises but for individual people.

    1. Re:We all know by supremebob · · Score: 5, Insightful

      As a member of the Republican administration, shouldn't Ajit Pai be happy that California is executing it's State's Rights to enact their own state specific legislation?

      I mean... State's Rights is still part of the Republican platform, right? Or, has that been replaced by "whatever the highest Corporate bidder wants"?

    2. Re:We all know by fustakrakich · · Score: 4, Insightful

      Government should not advocate for large business and enterprises but for individual people.

      People have to vote for that, or it just ain't gonna happen. All your congress people are stooges for big industry also. They have to be, or all that campaign financing dries up. It's all so totally natural.

      The only way to advocate for a responsible government is to elect one. If you elect/reelect crooks, you shouldn't complain, or you look like a fool.

      --
      “He’s not deformed, he’s just drunk!”
    3. Re:We all know by Narcocide · · Score: 5, Insightful

      He didn't really have a plan for any really big states calling his bluff on that.

    4. Re:We all know by Anonymous Coward · · Score: 2, Insightful

      As a member of the Republican administration, shouldn't Ajit Pai be happy that California is executing it's State's Rights to enact their own state specific legislation?

      I mean... State's Rights is still part of the Republican platform, right?

      It was there in 2016 when Pai's boss was elected.

      The Tenth Amendment: Federalism as the Foundation of Personal Liberty Federalism is a cornerstone of our constitutional system. Every violation of state sovereignty by federal officials is not merely a transgression of one unit of government against another; it is an assault on the liberties of individual Americans. Hence the promise of the Tenth Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the States respectively, or to the people." The Constitution gives the federal government very few powers, and they are specifically enumerated; the states and the people retain authority over all unenumerated powers. In obedience to that principle, we condemn the current Administration's unconstitutional expansion into areas beyond those specifically enumerated, including bullying of state and local governments in matters ranging from voter identification (ID) laws to immigration, from healthcare programs to land use decisions, and from forced education curricula to school restroom policies. We pledge to restore the proper balance and vertical separation of powers between the federal government and state governments -- the governments closest to, and most reflective of, the American people. We encourage states to reinvigorate their traditional role as the laboratories of democracy, propelling the nation forward through local and state innovation.

      Hypocrites.

    5. Re:We all know by geekmux · · Score: 5, Insightful

      He didn't really have a plan for any really big states calling his bluff on that.

      Rather pathetic that a representative for a democracy didn't plan on democracy happening.

    6. Re:We all know by omnichad · · Score: 5, Insightful

      Federal Laws supersede State laws.

      That's not how this works. Because any company following the California law would also be meeting the minimum requirements of federal law. And if you've looked at the bill, the state simply won't contract with an ISP that violates the principles of net neutrality. So they are enforcing it by means of intrastate commerce, which is fully within their jurisdiction.

    7. Re:We all know by Megol · · Score: 3, Insightful

      Those that don't even understand the basics in voting look like fools by default.

    8. Re:We all know by Baloroth · · Score: 3, Insightful

      Federal Laws supersede State laws.

      Period.

      No it doesn't. In fact, there is literally an article of the Bill of Rights that says otherwise. Federal law only trumps state on on issues that are delegated by the US Constitution to the federal government.

      Mind you, the political parties on both sides of the aisle have spent the past 2 hundreds years expanding what was "given" to the federal government by the US Constitution, because it's always convenient to have more power when your party holds the reigns (and once power is given to the government it never gets taken away again, short of a revolution), so we'll have to see how the courts end up ruling in this case, but a common sense interpretation of the Constitution would say that California is absolutely within their rights to do exactly what they've done.

      --
      "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
    9. Re:We all know by Green+Mountain+Bot · · Score: 4, Insightful

      Point 1 allows congress to pass laws allowing regulation of communications companies. Point 2 is such a law. So far, so good. Where you run into problems is that neither point bars states from enacting more stringent regulations.

      But even if that weren't, Ajit Pai stated that Point 2 does not grant the FCC the power to regulate internet service providers when he rescinded the Wheeler regulations. If it doesn't give the Feds that power, then it certainly doesn't take the power away from the states. Pai is trying to eat his cake and have it too.

    10. Re:We all know by Ol+Olsoc · · Score: 5, Insightful

      He didn't really have a plan for any really big states calling his bluff on that.

      Rather pathetic that a representative for a democracy didn't plan on democracy happening.

      He's a Republican, not a representative for democracy.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    11. Re:We all know by Anonymous Coward · · Score: 2, Insightful

      Ajit Pal doesn't make law. He makes policies for the FCC. Even then, Federal law only trumps State law when the Federal law is constitutional (i.e. when it is a power granted to the Federal government by the constitution).

    12. Re:We all know by lactose99 · · Score: 3, Insightful

      This is unfortunately very poignant.

      --
      Fully licensed blockchain psychiatrist
    13. Re:We all know by PopeRatzo · · Score: 3, Insightful

      There is no bluff to call. CA will be sued, CA will lose, people will lose their shit.

      There's nothing to sue. This doesn't apply to interstate commerce, so that doesn't apply. There is no Federal law or constitutional requirement requiring state governments to do business with certain corporations over other corporations.

      This law will stand and will end up being a model for the rest of the country. At this point, we can just wait out this degenerate administration. Other states are doing the same thing. Other nations are doing the same thing. They know this administration is a leaky boat and they're not going to make any long-term deals with these people.

      --
      You are welcome on my lawn.
  2. I don't think it matters by rsilvergun · · Score: 1, Insightful

    if big telecom has Pai in it's pocket or not. What matters is can the States preempt the authority of the FCC here. And I'm pretty sure they cannot.

    Regardless this will eventually go before a Republican packed Supreme Court. It will be struck down. And yes, I'm calling the Republicans out on this. The Dems were busy with the ACA last time they held the government and spent their political capital on stuff like per-existing conditions. The Republicans, for their part, are the party of small government and minimal regulations. This is the party that gave us the slogan, "Government's not the solution, it's the problem".

    This is what we voted for folks. If you want a government that takes an active role in, well, governing, then you have to vote people into office who believe it can do that. I think I've said this before, but you can't have a functioning government for only the one or two issues that matter to you personally. Well, not unless you're very, very rich.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:I don't think it matters by Anonymous Coward · · Score: 2, Insightful

      The Republicans, for their part, are the party of small government and minimal regulations.

      Are you trolling or do you actually believe that?

    2. Re:I don't think it matters by Anonymous Coward · · Score: 3, Insightful

      The new law that is needed is the one that puts assholes like Pai in jail for what he's done.

    3. Re:I don't think it matters by Anonymous Coward · · Score: 1, Insightful

      If the Internet is indeed a utility, states and localities can regulate it. If it's not, then Net Neutrality is a big-government over-regulation of a competitive marketplace. Either way, the federal government has little role in internet regulation.

    4. Re:I don't think it matters by Hodr · · Score: 5, Insightful

      if big telecom has Pai in it's pocket or not. What matters is can the States preempt the authority of the FCC here. And I'm pretty sure they cannot.
       

      So you weren't able to make it through even the entire summary before chiming in?

      The argument isn't whether or not a state can preempt federal authority, it's whether a federal agency that has claimed they specifically DO NOT HAVE AUTHORITY can somehow also enjoin a State from exercising that authority. Completely opposite issue.

    5. Re:I don't think it matters by BlueStrat · · Score: 4, Insightful

      The argument isn't whether or not a state can preempt federal authority, it's whether a federal agency that has claimed they specifically DO NOT HAVE AUTHORITY can somehow also enjoin a State from exercising that authority. Completely opposite issue.

      Almost there.

      Congress has original authority which it has granted to *neither* the FCC *nor* the States. *Congress* is who have failed to act for many years even before Obama.

      Hell, this entire NN uproar started because Democrats wanted NN but knew they couldn't get it through Congress and so had the FCC deem itself additional regulatory scope because reasons in an end-run around Congress to get what they wanted.

      This whole ball of shit from the beginning is because Congress is too partisan and too chickenshit and cowardly on *both sides*, afraid to lose campaign money & votes to enact legislation to either deal with the issue directly (unlikely), create a new Federal agency and delegate it regulatory powers to deal with it (also unlikely) or to authorize an existing agency and delegate regulatory powers appropriately to deal with it like the FTC or FCC (one of those most likely).

      Both sides need to stop these end-runs around the Constitution, due process, and checks & balances. Any gains you make will be fleeting, the next person/people can roll ir all right back and then do even worse to you. It only ends in a crisis of government, civil disorder, and social & economic chaos. Not a pleasant Tuesday for anyone except those who desire death, chaos, and destruction. My Tuesdays are booked, thanks all the same.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  3. Telecommunications Carrier by PPH · · Score: 5, Insightful

    Last December, the FCC

    Not their job. Congress makes laws.

    made clear that broadband is just such an information service.

    Telecommunications carrier. Google and Netflix are information services. AT&T, Verizon and Comcast just move it from point A to B.

    --
    Have gnu, will travel.
  4. Re: When will Pai crawl back under his rock? by Anonymous Coward · · Score: 2, Insightful

    California is run by the big web advertising companies, though.

    If California could introduce some like the GDPR with teeth, that would be something.

  5. The Correction can't come soon enough by Rick+Schumann · · Score: 3, Insightful

    Trump being out of office and pieces of shit like Ajit Pai being FIRED and replaced with a relatively non-corrupt appointee all just can't come fast enough.

  6. What Ajit Pai will be remembered for by slack_justyb · · Score: 5, Insightful

    I think we can all safely say that Ajit Pai will be mostly remembered as someone who ran the FCC in a pretty horrible manner. I don't think fifty years from now anyone will have any kind of fond memory of his tenure at the FCC, even less his leadership.

    One, really big defining feature has been his lack of care for any kind of input outside his own and his acknowledged circle. Pai has mostly taken critics and professionals who have criticized him and mostly mocked them. It's one thing to indicate that you do not agree and pass ruling, it is entirely a different thing to show the level of contempt Pai has had for the public at large. Considering past FCC Chairs, Pai has been the most antagonistic to the public since the FCC's inception.

    I think this is the biggest thing about Pai's tenure, his complete lack of care for the public. Every argument made thus far from Pai's FCC has been, "this will be good for business" and while I have yet to see that in effect, all of that aside, the public is mostly whom the chair should be acting in the interest for. Arguments should begin and end there and for goodness sake, shouldn't be the target of agitation in a public stage. We get it Pai, you believe everyone is an idiot who isn't you, but that happens in your home/your head. Openly acting out frustration is a clear sign that perhaps you weren't cut out for civil service.

    And that is what I feel Pai will be most remembered for. Long after everyone here has turned to dust, Pai's name in FCC history will be mostly associated with what FCC Chairs ought not to do with respects to the citizens of this country. And that might not have registered with him or perhaps he is content/not caring with the tragedy of what it is, that the majority of his professional life can be summed up with whatever you do, don't do it like Ajit Pai. Even if it does win over whatever in business, which I highly doubt, simply his hostile treatment of those who criticizes him puts him into a ranking unlike any who have come before him, and perhaps any who comes after him.

  7. Not at all true. by gerald.edward.butler · · Score: 5, Insightful

    Go read the constitution. Go read the constitutions of the states. Check which states have economic leverage. Then tell me Federal Law supersedes State Law. Period. I say you're full of it. Prove me wrong. States' Rights. States' Rights. States' Rights!

    You know what gives States Rights? Economic Leverage. Who has it? Who doesn't? If you're answer to the former is Red States in central and southern states, you'd be wrong. California has enormous economic influence. If you think they can't flex those muscles, you are naive to say the least.

  8. Cannot govern by Anonymous Coward · · Score: 2, Insightful

    The Republicans have proven that they cannot govern. They have been taken over by kooks - like the Evangelical Christians (a bunch of morons) and the billionaires who use the support of those useful idiots to push through their agenda.

    I think most members of the Republican base are just so misinformed and refuse to believe any facts, that they are just voting cannon fodder. Look at what's happening to the fly-over states. Trump is their boy but he is fucking them - and they are STILL supporting him!

    We're supposed to respect the other side, but it's real hard when the other side is just delusional and living in a fantasy bubble.

    I can't complain too much, though. The Republican shenanigans during the Obama years have lined my pockets; which I throw into the faces of every "conservative" I know.

  9. Re:Indeed! by Xenx · · Score: 3, Insightful

    Keeping the FCC from regulating Internet is what ensures an open internet.

    There are two definitions of open being used. There is open, as in every site and person has relatively equal access to the internet. They're not restricted by what their ISP tells them they can/can't have, or at what price point and speeds they get it. This is what net neutrality is about. Then, there is open as in the ISPs and other major companies are open to exploit it and its users for as much money as they can. This is what Pai and the FCC are currently all about.

    When dealing with monopolies and duopolies, it's impossible for the free market to regulate itself. Government has to step in to maintain a level of fairness.

  10. Bribeocracy by Tablizer · · Score: 5, Insightful

    As a member of the Republican administration, shouldn't Ajit Pai be happy that California is executing it's State's Rights...

    GOP only favors States' Rights when the Democrats are in power, just like "fiscal discipline".

    In practice, GOP is in the back pockets of corporations. Well, both parties are, to be fair (though not to the same degree.) We are more plutocracy than democracy. Campaign donations are legalized bribery and should be capped, but the GOP courts ended most capping, arguing more or less that such bribery is "free speech" and that corporations should have most of the same rights as humans.

    It does look like we are on a slippery slope whereby the richer the rich get, the more money they have to bribe to keep getting richer in a feedback cycle. The increasing inequality is objective evidence of such a cycle. Beware, though, history shows it may end badly.

  11. Re:Indeed! by Xenx · · Score: 4, Insightful

    The reality is that you're either terribly confused, or have a vested interest in allowing ISPs to run roughshod all over their customers. Net neutrality has nothing to do with creating or enforcing the monopolies. It has no impact on whether there is market competition for ISPs. It has nothing to do with propping up major content providers. It only exists as a preventative measure, to keep the ISPs from having too much power over their customers given their status as a monopoly/duopoly.

    ISPs should be a common carrier. I'm not talking about classification, that would be another argument, but method of operation. They exist solely to connect you to what you want online. They have every right to charge you for the service they provide, based on how much data you use and/or how fast the data can flow. They should have no control over what sites/services you use online, or the speeds of those sites/services in relation to any other.