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FCC Falsely Claims Community Broadband an 'Ominous Threat To First Amendment' (vice.com)

An anonymous reader quotes a report from Motherboard: The Trump FCC has declared towns and cities that vote to build their own broadband networks an "ominous threat to the First Amendment." The claims were made last week during a speech given at the telecom-funded Media Institute by FCC Commissioner Mike O'Rielly. In his speech, O'Rielly insinuated, without evidence, that community owned and operated broadband networks would naturally result in local governments aggressively limiting American free speech rights. "I would be remiss if my address omitted a discussion of a lesser-known, but particularly ominous, threat to the First Amendment in the age of the Internet: state-owned and operated broadband networks," claimed O'Rielly.

In his speech, O'Rielly highlighted efforts by the last FCC, led by former boss Tom Wheeler, to encourage such community-run broadband networks as a creative solution to private sector failure. O'Rielly subsequently tried to claim, without evidence, that encouraging such networks would somehow result in government attempts to censor public opinion. "Municipalities such as Chattanooga, Tennessee, and Wilson, North Carolina, have been notorious for their use of speech codes in the terms of service of state-owned networks, prohibiting users from transmitting content that falls into amorphous categories like 'hateful' or "threatening," O'Rielly claimed. The closest O'Rielly gets to supporting evidence appears to be a 2015 white paper written by Professor Enrique Armijo for the ISP-funded Free State Foundation. That paper similarly alleges that standard telecom sector language intended to police "threatening, abusive or hateful" language somehow implies community-run ISPs are more likely to curtail user speech. But municipal broadband experts say the argument has no basis in fact.

22 of 313 comments (clear)

  1. Welcome To Your Trumpian Future by Anonymous Coward · · Score: 2, Insightful

    where doublespeak is the norm.

    Thanks to all you ass hats that voted for Trump.

    1. Re:Welcome To Your Trumpian Future by Anonymous Coward · · Score: 0, Insightful

      If you don't think some locality that's Left of Lenin won't implement "Hate Speech" filters as soon as they can, you are an idiot.

    2. Re:Welcome To Your Trumpian Future by sjames · · Score: 3, Insightful

      If you don't think capitalist ISPs are already doing that and more, you didn't even read todys tech news.

    3. Re: Welcome To Your Trumpian Future by Anonymous Coward · · Score: 1, Insightful

      Exactly. Just look today at what happened to Gab.

    4. Re:Welcome To Your Trumpian Future by Pseudonym · · Score: 3, Insightful

      Governments are not legally allowed to implement content-related speech filters. Sure, it may take a lawsuit to fix that, but that lawsuit will succeed. Corporations usually are allowed to "censor".

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    5. Re:Welcome To Your Trumpian Future by Anonymous Coward · · Score: 3, Insightful

      In th United States, the general idea is that freedom of speech is about protecting the speech you hate the most. Not for people you agree with.

      While I think the examples you cite are abhorrent ideals, they are in fact protected speech. If you start banning one type of speech, who is to say that next it won't be YOUR speech that gets banned as it is critical regarding the government in power. Today you want to ban racist hate speech, tomorrow it might be the speech of for example Democrats who are critical of the President.

      There are reasons why protection of freedom of speech is in the Constitution, to keep people who think they know better from limiting the speech of others.

      Now kindly go fuck yourself.

  2. Interesting perspective by Sarten-X · · Score: 5, Insightful

    That's an interesting perspective, since it's the FCC that is in charge of actual censorship.

    They're the ones who won't let you swear on broadcast television, not your local municipality.

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    You do not have a moral or legal right to do absolutely anything you want.
    1. Re:Interesting perspective by Gavagai80 · · Score: 4, Insightful

      If your government-owned ISP tries to stop you from exercising your free speech, you can sue them. And you might even win, because the government isn't allowed to interfere with your free speech according to the constitution.

      If your privately-owned broadband monopoly tries to stop you from exercising your free speech, you can shut up and do whatever they tell you to do. You have no legal recourse because private business has every legal right to curtail your speech however the company sees fit.

      If your government really wants to stop you from exercising your free speech, they'll ensure that you have a privately-owned ISP and they'll apply their leverage over said ISP to ensure that the ISP controls your speech for them. An off the record back room deal to provide a tax break or skip regulatory enforcement will easily convince a private ISP to play ball, and it'll be very difficult to prove the government's guiding role to have a chance at fighting it in court.

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    2. Re:Interesting perspective by farble1670 · · Score: 5, Insightful

      I'm a fan of net neutrality but lets not for a second pretend you can trust government more than corporations,

      If Comcast starts throttling my Netflix, can I elect a new CEO? I think we all see the point here.

    3. Re:Interesting perspective by Anonymous Coward · · Score: 2, Insightful

      If your government really wants to stop you from exercising your free speech, they'll ensure that you have a privately-owned ISP and they'll apply their leverage over said ISP to ensure that the ISP controls your speech for them. An off the record back room deal to provide a tax break or skip regulatory enforcement will easily convince a private ISP to play ball, and it'll be very difficult to prove the government's guiding role to have a chance at fighting it in court.

      Which is why the private companies need to be held to the same standard. Otherwise, the companies become loopholes that the government can use to violate your rights from the shadows with impunity.

      But back on topic:

      If the FCC is going to claim that local communities building additional alternative communications networks somehow threatens unrestricted communication for all, they have set themselves quite the high bar to reach. One which has a name: Obvious regulatory capture.

      Pai needs to be shipped back to Verizon already, and while we're at it we need to ship them some summons notices. The first for bribing public officials, and the rest under RICO.

    4. Re: Interesting perspective by drjzzz · · Score: 3, Insightful

      The Swiss?. They are all about letting their corporations do whatever dirty work they want so long as they do it outside their country. Pollution flushed down the Rhein? Fine. Contamination sent over the border into Italy? No problem. Con 3rd world mothers into buying Nestle 'milk'? Bravo and encore! Secure the wealth of arms traders, drug pushers, human traffickers, tyrants, dictators...deal!

      --
      to err is human, to forgive is divine, to forget is... umm...
  3. bigger word than "lie" by PopeRatzo · · Score: 5, Insightful

    It's stunning how dishonest this administration has been. I mean, all politicians lie, but none have ever done it with such relish and fervor as the Trump administration, and certainly none has ever come close to the sheer volume of falsehoods. It's a daily torrent of horseshit.

    "Community broadband is a threat to the First Amendment" is like saying "Republicans are the ones who want to protect coverage for pre-existing conditions," even though they've voted like 60 times to end coverage for pre-existing conditions.

    I guess what surprises me most is that there are so many willing participants, like the FCC, and the GOP caucus in congress and members of the cabinet. They lie and then they laugh at you for buying it.

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    You are welcome on my lawn.
    1. Re:bigger word than "lie" by Anonymous Coward · · Score: 1, Insightful

      PopeRatzo is 100% troll. He's never said anything coherent in his entire posting history, and there's no prospect of logical argument with his blather.

      The only Troll here is you. Pope is correct in his assessment.

      See Trump and the Republicans lied about tax cuts and it would be revenue neutral - that's how they had to sell it to give the tax cuts to their donors.
      Well, the national debt is skyrocketing because the Republicans are borrow and spend.
      Now, Mitch McConnell and the other lying Republicans are blaming entitlement programs like Social Security and Medicare for the debt. And they are also lying in saying the Democrats want to cut those. Yeah, the Democrats are going to cut their babies off.
      And then there is the lie about the caravan. Without any evidence, the Republicans and Trump are saying that there are MS-13, ISIS and other terrorists.
      The fact that Trump supporters actually believe that terrorists and drug gang members are going to WALK thousands of miles and wait months to do "bad things" is just laughable and shows their complete stupidity.

      I cannot see how a rational person can defend those people and support them.

      Oh wait lgw, the best you can retort with is "Orange Man racist. Orange Man bad." I tell ya, your posts are perfect examples of just about every logical fallacy there is.

    2. Re:bigger word than "lie" by Registered+Coward+v2 · · Score: 3, Insightful

      It's stunning how dishonest this administration has been. I mean, all politicians lie, but none have ever done it with such relish and fervor as the Trump administration, and certainly none has ever come close to the sheer volume of falsehoods. It's a daily torrent of horseshit.

      "Community broadband is a threat to the First Amendment" is like saying "Republicans are the ones who want to protect coverage for pre-existing conditions," even though they've voted like 60 times to end coverage for pre-existing conditions.

      I guess what surprises me most is that there are so many willing participants, like the FCC, and the GOP caucus in congress and members of the cabinet. They lie and then they laugh at you for buying it.

      We are at war with Eastasia. Eurasia is our ally. 2+2=5.

      Seriously, the 1st would make it harder to censor since town or city owned community broadband would be subject the 1st; unlike privately owned broadband. Threats to profits, however, are another thing. Follow the money.

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      I'm a consultant - I convert gibberish into cash-flow.
  4. Headline is just as bad by Anonymous Coward · · Score: 2, Insightful

    "insinuated, without evidence" does not mean it is false. It may be false. It may also be true. We won't know until it plays out.

    1. Re:Headline is just as bad by BeckyLookAtHerButt! · · Score: 5, Insightful

      Chattanooga, TN for one turned up their municipal fiber ISP service in 2010. It's customer satisfaction usually ranks as the best among ISPs; No reports of wanton censorship. I am thinking we know how it plays out. We have evidence that those serviced love (...not like) their municipal ISP service. Why try to legitimize these unfounded, dishonest, scare tactics from the telecoms?

      One other thing, since the First Amendment actually only protects us from government censorship, wouldn't it actually be better from a legal standpoint to get our ISP service from municipal organizations and that way if there was a claim of censorship we'd actually potentially have standing under the 1st amendment? Could be wrong but my understanding is corporations can censor you all they want since they are technically not the government (....or are they? LOL....[insert nervous laugh])

      These same corporate telecoms just fought like hell to squash the FCC net neutrality rule which was designed to prohibit playing favorites with data packets. Now they want us to believe they are looking out for free, unfettered speech? Yah...right.

  5. They just want to fuck us. by DewDude · · Score: 5, Insightful

    So........ municipal broadband threatens free speech? We have a thing to prevent that kind of thing.......

    THE FIRST ADMENDMENT!!!!!!!!!!

    What kind of fucking morons do these ass clowns think we are? Is that the intelligence level they expect to deal with?

    1. Re:They just want to fuck us. by Registered+Coward+v2 · · Score: 4, Insightful

      What kind of fucking morons do these ass clowns think we are? Is that the intelligence level they expect to deal with?

      Look at who America elected...

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      I'm a consultant - I convert gibberish into cash-flow.
  6. Re:Experts, says anonymous submitter by lgw · · Score: 4, Insightful

    Yeah, I can certainly see that local police monitoring could get unconstitutional real fast, just a buddy-buddy arrangement, no need for warrants.

    But as far as First Amendment rights, I'd think we'd be better off with municipal-run broadband, if it were considered a government agency. Then if a city starts blocking "hate groups" or whatever, we'd have constitutional protections we wouldn't have with a private monopoly.

    Personally, I just want people to have a choice of ISPs - that solves almost everything. Make the "last mile" a utility (and just a dumb pipe). Let many ISPs, local and giant, compete for the no-monopoly business from there.

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    Socialism: a lie told by totalitarians and believed by fools.
  7. Corporations != Free Speech by bjwest · · Score: 5, Insightful

    Really interesting take on what's the real threat to the First Amendment when it's the Government that is bound by it. Corporations are in no way accountable to free speech protections, and this is how we loose them.

    When the corporations own all the conduits of speech, there will be no free speech.

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    --- Keep the choice with the user..
  8. Its True by Tulsa_Time · · Score: 2, Insightful

    If the government provides it, the government can take it away.

    Or filter it as it deems necessary.

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    5 out of 6 people enjoy Russian Roulette & 6 out of 7 Dwarfs are not Happy
  9. Re:LinkNYC for the win by rickb928 · · Score: 3, Insightful

    Actually, consider an alternative:

    Municipal broadband service might be well described as a 'lifeline'-like service, intended to be lowest cost, minimum necessary, to provide access to government services, universally required services such as job search, bill payment, enrollments, etc. It may not be intended to, nor even provide, access to a variety of services or sources. If this is disclosed, is it a problem?

    Disclosure would be the first step.

    So would LinkNYC be deficient if it did not provide access to pornography? Or games? Or would it be efficient? And if kiosks were relatively public, would pornography be a tolerable use, since it might, possibly, offend some casual observers? Should LinkNYC spend more money on privacy filters and such?

    Of course, when we move on from pron and consider access to news, information, and opinion sources, we get into significantly less obvious use cases. But I, sadly, know people who are just as offended by seeing certain 'news' and opinion sources as they are seeing pron, even by accident, and they plainly tell me that these need to be kept off of municipal broadband systems.

    Not simple, but worthy of discussion.

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    deleting the extra space after periods so i can stay relevant, yeah.