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Gov. Jerry Brown Signs Bill To Restore Net Neutrality in California; the Trump Administration is Already Trying To Block It (nbcnews.com)

California Gov. Jerry Brown signed into law on Sunday a bill to restore net neutrality protections that President Donald Trump's Federal Communications Commission killed late last year. From a report: The new law prohibits internet service providers, or ISPs, from blocking or slowing access to legal online content, demanding special fees from websites to prioritize their traffic or charging customers for special exemptions to caps on their data use. Brown signed the measure without comment, setting up almost certain showdowns with both ISPs and the FCC, which barred states from setting their own rules in its repeal last December of protections instituted during the administration of President Barack Obama. The U.S. Justice Department quickly filed a federal action in U.S. District Court in Sacramento to block the new law Sunday night. In a statement, Attorney General Jeff Sessions said: "Under the Constitution, states do not regulate interstate commerce -- the federal government does. Once again the California legislature has enacted an extreme and illegal state law attempting to frustrate federal policy." Brown also signed A.B. 1999, which makes it easier for local governments to build community broadband and offer competitive high-speed fiber.

91 of 165 comments (clear)

  1. Isn't this largely symbolic? by rsilvergun · · Score: 2

    I'm pretty sure the Feds are right and that they have the right to regulate the Internet under various interstate commerce laws. Maybe if it ties it all up long enough for a pro-Net Neutrality president & Congress to get in (which, realistically means Democrats as the Republican party has made their stance very clear). But that's far from certain and if it happens it'll be by razor thin margins...

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    1. Re:Isn't this largely symbolic? by Altrag · · Score: 5, Insightful

      That's a bit of a dangerous tack to take.. the obvious rebuttal is that the internet is international and the feds have no right to regulate it either.. I mean I know the US is horribly egocentric and doesn't like thinking of other countries as having rights or sovereignty.. but they do and it's a possible argument that Calif could bring up to counter the internet being "interstate"

    2. Re:Isn't this largely symbolic? by PopeRatzo · · Score: 4, Interesting

      I'm pretty sure the Feds are right and that they have the right to regulate the Internet under various interstate commerce laws.

      The Feds will lose. The law is structured so that it doesn't do anything regarding "interstate commerce", and other states are lining up to follow California's lead.

      The Feds will lose the same way they're losing on legal marijuana.

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    3. Re:Isn't this largely symbolic? by sg_oneill · · Score: 5, Insightful

      Not sure whats happening atm on legal weed, but a lot of the success came from the Obama Administration ordering the DEA to not to interfere with States that want to do their own thing.

      Heres the big irony about all this;- The GOP likes to talk big game about "State rights", but apparently that only applies to states that dont piss off the GOPs party donors.

      Really, its "Party donor rights over you" that are advocated for not state rights.

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    4. Re: Isn't this largely symbolic? by jd · · Score: 5, Interesting

      The Fed's have the right to regulate, but chose not to do so. The FCC has repeatedly stated the Internet is outside their jurisdiction and Congress refused to pass any laws rescinding that. Bush drew up an executive order eliminating Federal controls. Don't blame California for exploiting this.

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    5. Re:Isn't this largely symbolic? by Anonymous Coward · · Score: 3

      the other way to look at it is the relationship between isp and customer is local and in-state, as is the connection between them, not inter-state; and not all traffic is 'commerce'.. so the (current) fcc can fuck off. also the limits fcc try to set are ones that should be in legislation, passed by house and senate and signed by a president, not arbitrary 'policy' or 'fcc rules' set by three partisan dickhead puppets.

      if an isp wishes to do business IN california, they get to play by california rules. and no isp will give up their customers in the most populous state and the 5th largest economy in the world.

      california has other specific regulations companies (and their products and services) follow, even when those companies are not california-based... and even when 'commerce' is involved. fcc has no fucking authority here to tell the states they can't pass net neutrality laws of their own.

      the courts will see that, and by the time it hits scotus, trump will be gone, perhaps convicted and playing peek-a-boo with the deformed dick of a guy named butch.. and his appointments to federal posts will be nullified, removed, impeached or otherwise replaced.

    6. Re:Isn't this largely symbolic? by AHuxley · · Score: 1

      With federal NN rules removed local communities would have had the ability to construct their own new networks.
      Walled communities, new business could have really escaped NN rules on what a network was and designed innovative new networks.
      With more NN rules it will be back to paper insulated wireline network. The exisiting gov approved and regulated NN networks.

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    7. Re:Isn't this largely symbolic? by mentil · · Score: 1

      'State rights' as in 'race-to-the-bottom tax policies'. If they have a GOP governor/state govt. then 'states rights', otherwise they grit their teeth and preempt at a federal level as much they can. Not that I think other political parties are any different in that sense, TBH.

      --
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    8. Re:Isn't this largely symbolic? by jon3k · · Score: 1

      The transportation system and postal system are international but the federal government still regulates them, as they can, in the US. I don't think that argument will make it very far.

    9. Re: Isn't this largely symbolic? by makerfixer · · Score: 2

      Holy crap, he's made the crowd that spent a decade arguing the guns free school zone act was clearly regulating interstate commerce because kids grow up to work in businesses across state lines argue against the commerce clause.... he's truly evil or maybe you don't really believe a tenth of what you are saying or maybe both....

    10. Re:Isn't this largely symbolic? by alexo · · Score: 1

      The Feds will lose.

      I wouldn't be so sure.

      Wickard v. Filburn, and the following Gonzales v.. Raich, showed that even private activity can be regulated as "interstate commerce", and even though United States v. Lopez seemed to limit the power, it specifically mentioned that the federal government is allowed to regulate the "channels" and the "instrumentalities" of interstate commerce, which they will argue that ISPs and the Internet in general falls under.

      Also don't forget that it will be heard by a stacked (and not in your favour) supreme court.

    11. Re: Isn't this largely symbolic? by sg_oneill · · Score: 4, Informative

      Sure but the democrats are open about being federalists. It's the republicans that claim to be ideologically committed to state rights

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    12. Re: Isn't this largely symbolic? by sg_oneill · · Score: 3, Insightful

      Ok to expand on this. Personally I think there's a pox on both the houses. The republicans voted in a borderline lunatic who claimed he'd "drain the swamp" then filled his entire cabinet with lobbyists and Wall Street crooks and has spent his entire time gazing in the mirror and throwing tantrums because being a public servant is not the same as being a CEO. The dems hadthe *perfect* candidate in Bernie and then fucking sabotaged him and put the washington superwonk Hillary in on the assumption the Press would never accept a guy like Bernie , ignoring the sizeable resentment amongst the public towards her (some of it, ridiculous admittedly but still it was there). So a pox on their houses.

      However when it comes to state rights , the Democrats are at least honest. Both are authoritarian centeralizing powers , but the Dems don't pretend not to be about federal rule.

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    13. Re: Isn't this largely symbolic? by kenh · · Score: 3, Interesting

      If the US can't regulate 'the internet' then on what basis can California?

      Fact is, net neutrality isn't regulating 'the internet', it regulates ISPs that do business in the US... Your international argument is non-sensical, do you really believe the IS can't regulate within it's own borders how domestic ISP handle domestic traffic to domestic customers?

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      Ken
    14. Re:Isn't this largely symbolic? by drinkypoo · · Score: 3, Interesting

      Not sure whats happening atm on legal weed, but a lot of the success came from the Obama Administration ordering the DEA to not to interfere with States that want to do their own thing.

      No, no it did not. Obama's DEA made more busts of legal dispensaries, not less.

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    15. Re:Isn't this largely symbolic? by Rhipf · · Score: 1

      So by your logic it wouldn't be right to tell the states that they can't have anti-slavery laws? If it is so terrible that "the Feds are saying you have to let the trannies in the girl's locker room" then it must also be bad for the Feds to say that slavery is a bad thing.

    16. Re:Isn't this largely symbolic? by GregMmm · · Score: 1

      I agree the federal government could lose this, but they can win also. Usually whoever has the deepest pockets wins. The state of California is big, but not federal government plus ISPs big. It will be an interesting battle.

      Totally wrong on marijuana. The federal government has chosen not to act. If they wanted to, they could show up at stores in Washington, Colorado, etc and take the weed and put people in jail. Their actions suggest this is not a fish they wish to fry at the moment.

    17. Re:Isn't this largely symbolic? by PopeRatzo · · Score: 1

      Totally wrong on marijuana. The federal government has chosen not to act.

      The federal government chose not to act on marijuana for two reasons: 1) it was a losing issue for them, like gay rights and gay marriage and, 2) big investors realized that legal pot was going to make them money. There are hedge funds in the California/Colorado pot industry, and more big institutional guys entering every day.

      Net neutrality is also a loser for them. People may like the party in power or not, but don't nobody like their ISP or telecom provider.

      Here in California, the big telecoms spent a fortune on anti-Net Neutrality campaigns. There were constant commercials against it (and none for it) that ran on every station here. You couldn't watch an hour of television without seeing anti-Net Neutrality commercials, sometimes at every commercial break. And it still passed easily. If the administration wants to stand arm-in-arm with Comcast and AT&T, good luck.

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    18. Re: Isn't this largely symbolic? by Green+Mountain+Bot · · Score: 1

      the crowd that spent a decade arguing the guns free school zone act was clearly regulating interstate commerce ...

      I have never in my life seen a single person make that argument. In fact, that law uses the exact same justification as the 21-year-old drinking age: Want federal funds? Follow federal guidelines. In the case of the drinking age, it was transportation funds. In the case of gun free school zones, it's education funds. There are other examples, of course, but the drinking age is the most famous.

    19. Re:Isn't this largely symbolic? by Green+Mountain+Bot · · Score: 1

      That argument is not likely to work in this case. While it is true that ISPs can be viewed as covered by the commerce clause, federal agencies can only regulate as authorized by congress via law. The law that would apply is the Telecommunications Act of 1996. Unfortunately for the FCC's position, they argued that the law did not authorize the FCC to regulate ISPs when they scrapped the existing Net Neutrality regulations. If they don't have the authority to enforce Net Neutrality, they certainly don't have the authority to bar the states from doing so.

      There are other problems with this argument as well. For one, the FCC is not authorized by any federal law to restrict what regulations states can carry out within their borders. For another, the Tenth Amendment is clearly on California's side, even if there were a federal law.

    20. Re: Isn't this largely symbolic? by Green+Mountain+Bot · · Score: 1

      Yup. If the FCC can't regulate ISPs, as they state, they certainly can't dictate that states can't do so, either.

    21. Re:Isn't this largely symbolic? by alexo · · Score: 1

      A mere technicality, soon to be corrected by a rider attached to the next "must pass" omnibus legislation.

      (Isn't it how things are done in the US?)

    22. Re: Isn't this largely symbolic? by makerfixer · · Score: 1
    23. Re:Isn't this largely symbolic? by Altrag · · Score: 1

      the Fed also regulates anything having to do with international traffick/customs/commerce

      No they don't. They have to make treaties with other nations to agree on how these things will work. That is very, very different from being able to directly regulate it.

      it's just a stupid point

      Yes, and claiming that a subscriber agreement between a California resident and a California ISP is interstate is 100% exactly as stupid.

      Federal regulations does not somehow magically turn into an argument for non-US based regulation of US companies simply because some of their network traffic goes outside of the US.

      "State regulations does not somehow magically turn into an argument for non-California based regulation of California companies simply because some of their network traffic goes outside of California."
      Precisely.

    24. Re: Isn't this largely symbolic? by Can'tNot · · Score: 1

      You seem to have taken what the parent wrote and gotten it exactly backwards. Let's try this: do you really believe California can't regulate within it's own borders how in-state ISPs handle traffic to in-state customers?

      I dropped your specification of domestic traffic, because... who ever said we were only talking about domestic traffic?

    25. Re:Isn't this largely symbolic? by Can'tNot · · Score: 1

      The feds aren't losing on "legal" marijuana, it's still illegal by federal law and no one has successfully challenged that. No will they, there's no grounds to challenge that. That law can only be changed, not challenged. California's case is much stronger.

    26. Re:Isn't this largely symbolic? by PopeRatzo · · Score: 1

      The feds aren't losing on "legal" marijuana, it's still illegal by federal law and no one has successfully challenged that.

      However, despite all the threats of a crackdown, they have stopped enforcing it. No, make no mistake, the Feds have lost the battle on legal marijuana. They're not going to do shit.

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    27. Re: Isn't this largely symbolic? by sg_oneill · · Score: 1

      But haven't the Dems at least put some better laws/guidelines/whatever into effect on the Federal level, including the FCC net neutrality? Whereas getting 50 different states with horribly different structures and philosophies would take... forever, if at all?

      Yes.

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  2. Feds already filed suit by bignetbuy · · Score: 4, Informative

    https://www.reuters.com/articl...

    "WASHINGTON (Reuters) - The U.S. Justice Department late on Sunday filed suit after California Governor Jerry Brown signed legislation to restore open internet protections known as net neutrality in the state after the Trump administration repealed the rules in December 2017."

     

    1. Re:Feds already filed suit by giggleloop · · Score: 2

      Essentially. States' rights is what they want when they don't control federal government (e.g. the right to carry on owning slaves); and federal law is what they want when they do control the federal government (e.g. this).

  3. Muddy waters by spaceman375 · · Score: 4, Informative

    First of all, they are not regulating interstate commerce. They are only regulating how ISPs get to do business in california. The ISPs can do as they like in other states.
          Second, and more importantly, the FCC has no power to regulate the internet - they specifically refuted that. So they have no standing to bring suit. Can't have it both ways, Agitator Pai.

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    1. Re:Muddy waters by Tough+Love · · Score: 4, Interesting

      Assume that Trump manages to corrupt the supreme court to to be his private Republican rubber stamp. How does that affect the situation when this lands in front of the supremes, as it surely will.

      --
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    2. Re:Muddy waters by spaceman375 · · Score: 1

      I suspect Pence would be worse. If only the constitution and electoral college would allow a do-over, then we might stand a chance of correcting the damage in less than decades.

      --
      On the one hand you take life too seriously, and on the other, you do not take playful existence seriously enough. Seth
    3. Re:Muddy waters by whoever57 · · Score: 1

      I wish I could agree with you.

      But consider that the Feds can regulate what you grow in your own garden for your own consumption.

      For a long time, the Supreme Court justices have shown a singular inability to read the Constitution, since they believe that the word "affects" appears in the Interstate Commerce clause.

      The more powerful argument is that the FCC has already taken the view that they don't have the right to regulate the Internet.

      --
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    4. Re:Muddy waters by Uberbah · · Score: 1

      Go fuck yourself, Joe

    5. Re:Muddy waters by Tough+Love · · Score: 1

      Exactly. Impeach NOW.

      You mean, after the midterms. Also impeach Kavanaugh.

      --
      When all you have is a hammer, every problem starts to look like a thumb.
    6. Re:Muddy waters by squiggleslash · · Score: 2

      First of all, they are not regulating interstate commerce. They are only regulating how ISPs get to do business in california. The ISPs can do as they like in other states.

      Interstate commerce is a very broad concept, and I forget the case, but at one point was used to justify the Feds determining what could food you could grow in your own back yard, the logic being that your doing so affects how you'd spend money on Interstate goods.

      And, you know what, they're right. The concept of states regulating commerce was already shaky when the the constitution was drawn up given the Feds would be in charge of issuing currency, but back then a visit to a market ten miles away was a three day round trip for most participants so it probably sounded like a good ida. The concepts of states regulating the economy became obsolete, and positively silly, with the first interstate railroads.

      As far as your second point goes: the Federal government does have power to regulate the (American part of) the Internet. They, and specifically the agency that should, may claim not to, but they do have that power. The fact that they pretend not to wouldn't make California's actions constitutional (I'm told CA has made efforts to ensure it can't count as interstate commerce, but I'll believe that when I see it, I seriously doubt there's a way to do so.)

      Reminder: the fact the Federal government has power is not a reason to vote for cretins who whine about "small government" although somehow always manage to make it more draconian, it's a reason to vote for competence. Even if that means voting for a woman who committed the worst crime possible - running her own email server.

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    7. Re:Muddy waters by Impy+the+Impiuos+Imp · · Score: 1

      First of all, they are not regulating interstate commerce. They are only regulating how ISPs get to do business in california. The ISPs can do as they like in other states.

      I would be inclined to agree with you, but that isn't the world built by those who would support this, which is why the whole thing is idiotic.

      Normally the right is lauding "50 states experimenting" and the left a huge, Washington-based command and control (and the interstate commerce clause in this case, where any remotely conceivable effect on it gives the federal government authority.)

      Now they are on the opposite sides. It is called "situational ethics", where an ethical principle is important only until it gets in the way, then the opposite becomes important.

      It is the principle of "neurotic" in politics -- trying to hold two contradictory facts in mind at the same time.

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    8. Re:Muddy waters by bussdriver · · Score: 1

      Your cow fart regulation is messing with my pro-cow fart deregulation! You must lose your rights! While at the same time, my coal regulations are legit and I want you to stop your pollution blowing into my state!

      FCC took away it's own power but wants to impose more power than it ever had to take away other's powers. That is an extra layer of corruption!

    9. Re:Muddy waters by Green+Mountain+Bot · · Score: 1

      ... consider that the Feds can regulate what you grow in your own garden for your own consumption. ...

      Because Congress passed a law, signed by the president, which authorizes federal agencies to regulate it. Federal agencies cannot regulate outside of the mandate given by Congress via passed laws. There is no law authorizing the FCC to regulate states' regulations.

    10. Re:Muddy waters by Can'tNot · · Score: 1

      I've heard this many times now, but I have no idea where this is coming from. How exactly could Pence be worse? He's a pretty standard run-of-the-mill republican. He would talk a lot of family values, and banning abortion, and how "big government" and "the mainstream media" are evil so we should cut taxes for rich people.

      Notably absent: overt racism again Muslims and Latin Americans, outright lying to the public and covering for it by undermining all trust in any channels which might expose those lies, disastrous foreign policy in... I was going to get specific there, but: everywhere.

      I will give that Pence would be a stronger president than Trump, more able to pass bad legislation, but that hardly seems to balance out Trump's negative qualities.

  4. Re:It's time to break up the federal government by Jzanu · · Score: 1

    That's like saying disband Italy! or Restore Prussia! Well before any of that, more important are: Free Chechnya! Free Crimea! Free Siberia!

  5. Explain this by TimMD909 · · Score: 1

    The federal government can set down laws. Local or state governments can add more. How does California adding more laws become illegal? Federal is like Minecraft. State or local are like mods. Right?

    1. Re:Explain this by DanDD · · Score: 1

      Well, it's not quite that simple. I believe this falls under the Supremacy Clause and the Doctrine of Preemption: (Article 6 of the US Constitution)

      Emphasis mine:

      The Supremacy Clause is a clause within Article VI of the U.S. Constitution which dictates that federal law is the "supreme law of the land." This means that judges in every state must follow the Constitution, laws, and treaties of the federal government in matters which are directly or indirectly within the government's control. Under the doctrine of preemption, which is based on the Supremacy Clause, federal law preempts state law, even when the laws conflict.

      Now, this is the fun part. The very next sentence reads:

      But in the absence of federal law, or when a state law would provide more protections for consumers, employees, and other residents than what is available under existing federal law, state law holds.

      If this turns into a boxing match between Governor Moonbeam and The President, I suspect Moonbeam might win.

      --
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    2. Re:Explain this by DanDD · · Score: 1

      Force of habit, I capitalized President. Combined with the link, had I left it un-capitalized it would have been a subtle but poor joke. Damn. I intended to deride them both equally.

      --
      "Every time I see an adult on a bicycle, I no longer despair for the future of the human race." - H. G. Wells
    3. Re:Explain this by TRRosen · · Score: 1

      The supremacy clause is still limited to the powers granted by the constitution. Interstate commerce to the feds yes... in-state no.

    4. Re:Explain this by Green+Mountain+Bot · · Score: 1

      Don't forget - the FCC's own position is that there is no Federal law allowing them to regulate ISPs. And there certainly is no Federal law barring states from doing so. Nor is there one authorizing the FCC to regulate states' regulations - any such law would be a glaring violation of the Tenth Amendment.

  6. Re:Kavanaugh is toast by whoever57 · · Score: 1, Insightful

    I think Kavanaugh is toast, he lied to Congress (boofing is taking drugs up the ass, not farting. devils triangle is a threesome with a blind drunk/drugged woman not a coin game),

    The entitled prick lied in a much clearer fashion: he claimed that his drinking was legal while he was in high school. Unfortunately, it's easy to find how old he would have been when the state of Maryland increased the drinking age from 18 to 21 [he was 17 at the time].

    But he isn't toast yet. He will be confirmed. The only question is whether the Dems will have the balls to impeach him (assuming they get the seats in both houses).

    --
    The real "Libtards" are the Libertarians!
  7. Time to start popping the popcorn by bobstreo · · Score: 1

    Between the EU, China and the FCC, there hasn't been more threats to the Internet in, well ever, Islamic countries included, but they're always been problematic regarding the Internet.

    If the UN had any actual power, or any method of enforcement, Pai(d) would be in court with some 'splainin to do.

    1. Re:Time to start popping the popcorn by mentil · · Score: 1

      Indeed, it's almost like the Arab Spring made leaders the world over running scared. Add in rumors of social media manipulation campaigns and they can almost hear the Sword of Damocles straining the fiber.

      --
      Corruption is convincing someone that the selfless ideal is the same as their selfish ideal.
  8. Re: Easy way to get around it by jd · · Score: 1

    It's called MPLS and that's how they've provided corporate networks for years.

    --
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  9. America's internet is a joke by jd · · Score: 5, Insightful

    It's one of the slowest in the world - Britain has faster and I swear they still use cans and string - and one of the most expensive, whilst also being one of the most restrictive.

    Comcast gets away with shutting down rivals by cutting their cables. Does anyone think you'd get away with that in Europe?

    Verizon ignores an agreement on unlimited traffic in an emergency, placing lives at risk. I don't care about excuses and I don't care if they don't like Monday's. Deliberately placing state and federal workers in danger is what the beltway sniper did.

    California isn't even making a dent in this, California is only drawing a line and saying things can't get worse in a few rather restricted ways. If California was serious, it would build a municipal Internet and damn the corporate sector. What's the Fed going to do, invade?

    --
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    1. Re:America's internet is a joke by mjwx · · Score: 2

      It's one of the slowest in the world - Britain has faster and I swear they still use cans and string - and one of the most expensive, whilst also being one of the most restrictive.

      Whilst you've got a very good point about how backwards and expensive telecoms are in the US, the UK is actually quite good. Here I can get a SIM only contract with 1.5GB of data (plus some calls and texts, but who uses that any more) for only £6. Unlimited BT Fibre to my home starts at £25 (for a mere 50 mbps).

      In fact I'm going to the US this month for a few days and I'll need my phone for navigation (I'm driving) and I've found that it's cheaper for me to buy a £10 Three SIM here in the UK and with that I can get 1 GB of data in the US... Its cheaper for me to use a UK SIM roaming in the US than it is for me to get a local one, that's seriously fucked up.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    2. Re:America's internet is a joke by cascadingstylesheet · · Score: 1

      If California was serious, it would build a municipal Internet and damn the corporate sector. What's the Fed going to do, invade?

      Actually enforce immigration laws? (ba dum ching)

      There are a lot of things the Feds can do to pressure a state. You guys love 'em when it's a state you don't like ...

    3. Re:America's internet is a joke by drinkypoo · · Score: 1

      Hell, I live in the BOONIES by any standard. 90 miles to the closest city of more than 10K people. And I have 300Mbit internet for $60/mo from cable, but could also get 100Mbit from two different wireless providers for ~50/mo, or somewhere around 25mbit DSL (not sure of price). Plus all of the major carriers with 4g LTE.

      No, I live in the Boonies. I have zero terrestrial internet options, since we don't even have phone lines. And I live only about eight miles off of CA HWY 1. My only option is satellite, 20Mbps down on a good day, 1 second of latency. At my last address, which was also in the boonies, I could also get access from a local WISP. 7Mbps down, 1Mbps up, $99/mo, and 125+ms latency.

      You don't even know what the boondocks are, son.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:America's internet is a joke by DNS-and-BIND · · Score: 1

      More hate from our "friends" and "allies" in Europe. Remind me again why we're sworn to defend your territory to the death? Seeing as you have nothing but hate for us?

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    5. Re:America's internet is a joke by DigiShaman · · Score: 1

      You Europeans can FUCK RIGHT OFF! Seriously! "It's one of the slowest....*SLAP*" Pretty fucking hard to unify the same standards of speed and connectivity when you have an entire nation of 50 states that spans rural to urban development on a rather large portion of the planet!

      --
      Life is not for the lazy.
  10. Re:Easy way to get around it by Tablizer · · Score: 1

    Like AOL and Compuserve all over again. Consumers preferred the Internet, though.

  11. IMHO not at election time by Anonymous Coward · · Score: 1

    IMHO, they're more likely to blame Democrats for the failure to appoint him, than to force it through and let it become an election issue.

    After his Alex Jones' like performance, I think they won't want to attach their own election campaigns to that train wreck.

    Apparently Republicans have suggested a list of people for the FBI to investigate that doesn't include Kavanaugh (source CNN). Which is what you'd expect, he would be lying to the FBI and they'd lay a charge on him, or he'd tell the truth to them, which would confirm the lie to the Senate. There's no win there.

    But the flip of that is they'd be 'covering' for Kavanaugh and he is so unsuitable as supreme court judge, he cannot talk factually to the FBI.

    Or.... they could blame the Democrats, and do their conspiracy shit, field Hannity to do his mud slinging. Move quickly onto a more suitable candidate.

    Nothing to do with Pai and his games. But then again, what exactly is Pai bothered about here? He SAID that ISPs wouldn't throttle their connections if he killed net neutrality laws. So why does he care if a state has a law preventing them throttling the local connection in their state??? Gee, it's almost as if he has some lying issues himself.

  12. CALEXIT by The123king · · Score: 1

    CALEXIT

    Seriously, cut the bullcrap and split from the US.

    --
    If you gave me a choice between a printer and a giraffe with explosive diarrhoea, i'll get my ladder and my raincoat
    1. Re:CALEXIT by mentil · · Score: 1

      They would if it weren't for all the tariffs Trump would slap on them. If California leaving would hurt the rest of the Union, then it's not going to be made painless/beneficial for them, or else it'd encourage other states to secede. Just like any oligarchy/bureaucracy, the first priority is to maintain itself.

      --
      Corruption is convincing someone that the selfless ideal is the same as their selfish ideal.
    2. Re:CALEXIT by TRRosen · · Score: 1

      In fact quite the opposite CA could muscle the US quite easily with CA's 3 largest ports handling as much container trade as the next 8 American ports combined. and 3 of the 4 largest US companies would no longer be US companies.

  13. Re:Kavanaugh is toast by mentil · · Score: 1, Interesting

    Whoa, underage drinking. Noone cared with Clinton "I did not inhale" and George W.'s cocaine, or Obama's pot AND cocaine. It'd take daily deliriant usage for Americans to be likely to care.
    Source.

    --
    Corruption is convincing someone that the selfless ideal is the same as their selfish ideal.
  14. Re:Kavanaugh is toast by Jzanu · · Score: 3, Insightful

    It's the alcohol fueled serial rapist part that's the problem for Kavanaugh, that and his gambling addictions, and his violation of oaths about telling the truth, and his violations of as a US district judge (the whole text, really) due to hyper partisanship and disregard for the rights of others.

  15. Re:Easy way to get around it by mentil · · Score: 1

    Pretty sure if the data is carried over to the Internet it'd be counted as 'internet traffic'. However, you're right that they could zero-rate their own services and say that those services are sent over an intranet, rather than the internet, depending on the specific wording of these laws. If the wording is "ISPs that offer data services that do not count towards data caps" then no, if "zero-rated Internet data" then maybe.

    --
    Corruption is convincing someone that the selfless ideal is the same as their selfish ideal.
  16. Re:Too late by mentil · · Score: 1

    Once we pass Peak Hyperbole, then civilization really WILL collapse!!!111oneeleven

    --
    Corruption is convincing someone that the selfless ideal is the same as their selfish ideal.
  17. Re:doesn't matter... by coofercat · · Score: 1

    Google does a lot of things they probably shouldn't, but I can't say I've seen any difference between the types of traffic sent by and received by my Google servers to the Internet or elsewhere. So in that regard, yes, they are honouring Net Neutrality.

    Where are they not doing so?

  18. They didn't think it through. by GrumpySteen · · Score: 4, Insightful

    Remember all those arguments the FCC made for giving up regulatory power over the internet so they could remove rules they didn't like?

    Well, this is what you asked for... no federal regulation. They just didn't think through the part where that left the door open for states to enact their own regulations.

    Suck it, Ajit.

  19. State's Rights? by Comboman · · Score: 3, Insightful

    How come Republicans are have such a hard-on for states rights when states do something evil like voter suppression but change their minds when they do something good like cannabis legalization or net neutrality?

    --
    Support Right To Repair Legislation.
    1. Re:State's Rights? by bussdriver · · Score: 1

      Republicans only preach, they do not actually stand for any of it when their Fascist beliefs come into play. Money is god. period. Hypocrisy is only this thing they can use to attack the opposition with; money(god) trumps all. pun intended.
      Like the comic books, the heroes must take the difficult self-constrained path while the villains mock them; it should be cliche when they frequently struggle with "great responsibility." I guess it's not pushed strongly enough because the morality portrayed is not being noticed in the real world... Money is the ultimate super power... (or ring of power.)

  20. States still get regulatory power by sjbe · · Score: 1

    I'm pretty sure the Feds are right and that they have the right to regulate the Internet under various interstate commerce laws.

    Not necessarily. Depends on exactly how they structured the regulation. And just because something does involved interstate commerce doesn't mean States don't get to make rules about it. That clause in the constitution is merely there to prevent States from imposing undue burdens on other States - not on private companies. It's not clear that California is imposing any such burden on another state. No burden = no case for federal interest in the topic. States have all sorts of regulations on private companies that also happen to do business in other States.

  21. "State's rights" aren't about states rights by sjbe · · Score: 2, Insightful

    How come Republicans are have such a hard-on for states rights when states do something evil like voter suppression but change their minds when they do something good like cannabis legalization or net neutrality?

    Because "States rights" when the GOP uses it almost never has anything to actually do with States rights. It's a bullshit political argument used for unjustifiable positions (slavery, racism, voter suppression, etc) use when they don't have a real leg to stand on in an argument. It's an admission that they are philosophically bankrupt on the topic and are trying to distract from this fact by loudly touting a (usually) dubious technicality.

  22. Re:Kavanaugh is toast by Gilgaron · · Score: 3, Insightful

    If he had fessed up about drinking too much in his youth, he'd be fine. It is fibbing about it in official testimony that gets the security clearance guys nervous. You can have done a lot and still get cleared if you're honest about it and it wasn't very recent.

  23. He's not wrong... by kenh · · Score: 2

    In a statement, Attorney General Jeff Sessions said: "Under the Constitution, states do not regulate interstate commerce -- the federal government does. Once again the California legislature has enacted an extreme and illegal state law attempting to frustrate federal policy."

    He's not wrong, the supremacy clause

    is a thing...

    --
    Ken
    1. Re:He's not wrong... by Green+Mountain+Bot · · Score: 1

      So, which federal law is supreme over this California law?

  24. Re:Kavanaugh is toast by drinkypoo · · Score: 1

    It'd take daily deliriant usage for Americans to be likely to care.

    What they need to care about is a judge who doesn't care about the truth. He barely answered any questions, and when he did answer, he lied.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  25. Re: Isn't this largely road-worthy? by kenh · · Score: 1

    Only roads that cross state boundaries are 'interstate', obviously. The vast majority of all roads in America originate and terminate within the same state, never venturing into snother state.

    --
    Ken
  26. in state by TRRosen · · Score: 1

    if a store sells items from out of state it is not interstate commerce, only the store purchasing the items is. States can certainly regulate the retail sale of those items within the state. This is no different. The Feds could claim control over mobile and sat services but not last mile. Even purchasing from an out of state retailer is now considered in-state if the retailer has any presence in that state.

    Those that think SCOTUS will just rule against it are wrong. SCOTUS rulings create precedent. Any such ruling would provide a future democratic administration expanded powers. Its a genie you can't put back in the bottle.

  27. One cannot... by DewDude · · Score: 1

    Refuse to regulate something while simultaneously preventing others from doing so. The FCC gave up it's right to regulate...therefore it has no business telling others they can't. The only way to stop others from regulating it is to have actual rules.

    1. Re:One cannot... by Green+Mountain+Bot · · Score: 1

      Even then, it's not clear that they can bar states from enacting more stringent regulations for business done within their states.

  28. Re:Kavanaugh is toast by Rhipf · · Score: 1

    Actually I don't think Kavanagh lied about his legal drinking.I admittedly didn't see the whole hearing but the clips that I saw he never actually said that he was of legal age just the the drinking age was 18 (I have no idea if this is true or not) and that many seniors would have been 18 therefore of legal drinking age. I don't remember seeing him actually state that he was 18 at the time and of legal drinking age. Much like the rest of his testimony he managed to skirt around the issue enough to not technically lie.

    He sounded more like a defense lawyer than a judge.

  29. You're not being nearly pessimistic enough by rsilvergun · · Score: 1

    The Republicans have been stacking the courts for 8 years now (with the help of right wing Democrats I might add). This might not even make it to the SCOTUS. It's a federal case, so it won't wind through the state courts either.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  30. wrong; they are manipulating lawyers by bussdriver · · Score: 4, Insightful

    This FALSE LOGIC gets pushed for any business large enough to exist outside a state. If you want to sell CARS in CA you follow their laws; it is not their problem if your business has troubles with that and bitches... unless the nation becomes too fascist and the bitching turns into bigger government...

    Net Neutrality is all about THE LAST MILE. You can't get more local than that!

    These are not interstate tariffs; this is a connection service; like the local power, phone, trash, or delivery companies!

    Yes, ALL their propaganda applies to any multi-state business. They won't touch things they like; such as Texas lowering the quality of school textbooks nationwide...

  31. Re:doesn't matter... by coofercat · · Score: 1

    Hosting content (or not) has nothing to do with NN, as I think you know.

    I can't speak to what it's like with or without NN, as where I live we have neutrality and carriers can't prioritise traffic. Obviously, some of my traffic comes from the US, so I'd imagine it will look like the US is a bit slower than even now if prioritising starts to occur there.

    I would imagine it's a little too early to be sure it was a scam or a failure, or whatever - you'd need a few years for it to really take effect. If it really was nothing at all, then why all the effort to repeal it? Why the big fanfare about how great things are going to be now?

  32. Re:Easy way to get around it by Cajun+Hell · · Score: 1

    Consumers preferred the Internet, though.

    I should take a poll on Facebook to see if you're right.

    --
    "Believe me!" -- Donald Trump
  33. Re:Kavanaugh is toast by whoever57 · · Score: 1

    He claimed it was legal for the seniors to drink. The context of that statement is that he was a senior.

    In fact, it would have been legal for very, very few seniors -- only those who had been held back a year.

    The clear lie is that the legal drinking age was 18 during his senior year. It wasn't.

    --
    The real "Libtards" are the Libertarians!
  34. Re:Kavanaugh is toast by Green+Mountain+Bot · · Score: 1

    The issue isn't that he drank underage. The issue is that he lied about it, among a number of other things. That is disqualifying conduct in and of itself.

  35. Re:It's the Federal Government's charter to Regula by Green+Mountain+Bot · · Score: 1

    What's the applicable federal law which trumps this state law?

  36. Re:Kavanaugh is toast by cold+fjord · · Score: 1

    It's the alcohol fueled serial rapist part that's the problem for Kavanaugh....

    Ah, so it is an imaginary problem.

    --
    much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
  37. This is telling. by lusid1 · · Score: 1

    If the ISPs were not planning to abuse the lack of neutrality, they would have no motivation to sue.

  38. Re:It's the Federal Government's charter to Regula by Green+Mountain+Bot · · Score: 1

    The deliberate absence of a federal law indicates this area is reserved to federal acts and cannot be infringed upon by states.

    Bullshit. There is no legal basis for this assertion

    In this particular arena, the federal government has expressed a clear interest in reserving this space by repealing net neutrality,

    More bullshit. Not only is there no legal basis for this assertion, the FCC's own reasoning (ie they don't have jurisdiction to regulate ISPs) is to the contrary.

    so the lack of a federal law does not mean this space is available for CA to enter and legislate.

    Total bullshit. 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.

    Federal supremacy clause says CA loses this one in a whimper.

    Complete, unadulterated bullshit. There is no federal law which is in conflict with the California law, so the supremacy clause doesn't come into play.