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FCC Republicans Refused To Give Congress Net Neutrality Documents (arstechnica.com) 99

An anonymous reader quotes a report from Ars Technica: The two Republican members of the Federal Communications Commission have refused to give Congress documents needed to complete an investigation into the FCC's net neutrality rule-making process, according to a lawmaker. "Your refusal to cooperate with the Committee's request is unacceptable, it obstructs our investigation, and it prevents the Committee from having a complete or accurate understanding of the circumstances surrounding this rulemaking," U.S. Rep. Elijah Cummings (D-Maryland) wrote in a letter to FCC Commissioners Ajit Pai and Michael O'Rielly yesterday. There are "serious questions" about "Pai's efforts to organize opposition to the proposed rule with outside parties," Cummings' office said in a related press release. "Pai previously worked as associate general counsel for Verizon, one of the major opponents of the open Internet policy, and he reportedly 'enjoys the support of conservative think tanks like the Phoenix Center, the Free State Foundation and TechFreedom,'" the press release said. O'Rielly wrote an op-ed on the net neutrality rules in 2014, but only after he "sought edits on [the] draft op-ed from three individuals outside the FCC with professional interests that could be affected by the rule," the press release said. The Republican lawmakers claimed that President Obama had "an improper influence" over the FCC's decision and demanded documentation of all communication between FCC personnel and the White House, as well as calendar appointments, visitor logs, and meeting minutes related to meetings with the White House, plus all internal documents discussing the views and recommendations of the White House. They also asked for all documents and e-mails related to views of FCC personnel about the net neutrality proceeding. A Cummings staff member told Ars that the "request has the backing of the full committee and all the enforcement mechanisms the committee has, including issuing a subpoena." The committee has schedule a hearing for September 27 on the status of outstanding document requests to different federal agencies, and could seek updates on the requests to the two Republican FCC commissioners at this hearing, a Democratic aide for the Oversight Committee also said.
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FCC Republicans Refused To Give Congress Net Neutrality Documents

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  • Hypocrites (Score:5, Insightful)

    by Tablizer ( 95088 ) on Thursday September 15, 2016 @04:16PM (#52896133) Journal

    GOP has been investigating the hell out of Hillary's emails and boogers for the last 3 years. At least return the favor.

    • Re: (Score:2, Insightful)

      by guises ( 2423402 )
      Who are the hypocrites? The GOP have launched an investigation into FCC rulemaking only to catch... the GOP FCC commissioners?

      All right, so there's no indication of anyone being guilty of anything here as yet, but this doesn't say "hypocrites" to me, this says "hilarious."
      • Re:Hypocrites (Score:5, Informative)

        by PopeRatzo ( 965947 ) on Thursday September 15, 2016 @05:17PM (#52896577) Journal

        Who are the hypocrites? The GOP have launched an investigation into FCC rulemaking only to catch... the GOP FCC commissioners?

        Did you notice who's the one demanding the documents from the GOP FCC commissioners? It's not a Republican, FYI.

        • Who are the hypocrites? The GOP have launched an investigation into FCC rulemaking only to catch... the GOP FCC commissioners?

          Did you notice who's the one demanding the documents from the GOP FCC commissioners? It's not a Republican, FYI.

          Republicans are big on law and order.

          Except when they aren't.

          But sometimes a little baksheesh trumps the rule of law.

        • by guises ( 2423402 )
          What's your point? The GOP launched an investigation into the FCC rule making. This necessitated the creation of an investigatory committee and, as with any such committee, the committee members are bipartisan. The GOP FCC commissioners have failed to provide documents as instructed, and the Democratic committee members have called them on it.

          Is that confusing? I said that the GOP have launched an investigation, I did not say that the congressmen demanding the documents were GOP.
          • by guises ( 2423402 )
            Sorry, that little comment about confusing reads as being unnecessarily insulting. Didn't mean it like that, just trying to clarify.
          • I said that the GOP have launched an investigation, I did not say that the congressmen demanding the documents were GOP.

            No offense taken.

            As we've seen with the Benghazi and Emailgate congressional investigations, there is a big difference between holding a congressional investigation and actually wanting to get to the truth about something. The way I understand the story, after having read several in-depth articles about it, is that the GOP House committee held hearings in order to pretty much make sure t

            • by guises ( 2423402 )
              So are you saying that the GOP commissioners probably aren't hiding anything? They're just refusing to turn over documents in order to stall the process and make sure nothing gets done?
      • by HiThere ( 15173 )

        Yes there is. They were given a subpoena and they refused to obey it. That's, IIUC, Contempt of Congress, and the penalty is whatever Congress decides. But even now it's clearly being asserted that a crime has been committed.

        • What was the penalty when Hillary did it for three years with her emails?

  • Obstructionism... (Score:4, Insightful)

    by beheaderaswp ( 549877 ) * on Thursday September 15, 2016 @04:21PM (#52896171)

    No matter where you are on the political spectrum, you have to admit to the obstructionism which the Republicans have used over the last 8 years.

    This has effectively meant that nothing has been done (mostly) except the bare minimum, for the last 8 years. Now we see it in this particular issue- which should be considered by people in the "IT world" to be a primary issue: Net Neutrality.

    It's like this: Without net neutrality the Internet becomes a walled garden for businesses who are already there. Which is good for those businesses. But it's also bad for consumers. You see it now with veiled attempts at cutting out media providers through data caps. If this issue is not resolved in favor of a level playing field or all involved- the promise of the internet could be lost in this country.

    Which is to say- whatever services you use over your connection- will be those mandated by whomever has the power that week to reach customers at the lowest cost.

    And guess what: It won't be the startups. That is a problem.

    • Re:Obstructionism... (Score:4, Interesting)

      by rsborg ( 111459 ) on Thursday September 15, 2016 @04:33PM (#52896241) Homepage

      No matter where you are on the political spectrum, you have to admit to the obstructionism which the Republicans have used over the last 8 years.

      This has effectively meant that nothing has been done (mostly) except the bare minimum, for the last 8 years.

      The really amusing (read: evil) part of this is that these are the same crowd who then complain that "government can't do anything". Well, duh... it's a goddamn self-fulling prophecy if they're the ones in power and do nothing.

      These clowns should get held in contempt of Congress and held without bail at Club Fed until they cough up the records.

      Just imagine if these guys were Democrats... imagine the GOP uproar...

      • I think the problem you are outlining is serious- their supporters do not care of they "pull the temple down on their own heads". They are absolutists. If they don't get their way- no one get's anything.

        This isn't the way things used to be- and it cannot continue for much longer.

      • by Anonymous Coward
        Republicans believe that government doesn't work, then get elected and prove it!
    • For the first half of those eight years, Democrats controlled the house and senate and white house.

      So why should I admit to something that never happened? Why would you ask that people admit to an obvious lie?

      Is this total ability to believe a lie something that has infected Democrats universally? I mean you would think it would be just a handful like Hillary but as you show, it seems to be the entire party that is corrupted absolutely to where they no longer will believe anything that is not a lie...

      For

      • by AaronW ( 33736 ) on Thursday September 15, 2016 @05:09PM (#52896531) Homepage

        Even then nothing could be done without a filibuster proof majority. When in the minority the republicans waged the filibuster to block just about everything. While both parties make use of it, the republicans brought it to a whole new level. The whole art of compromise has been lost to them. It's either give me everything I want or nothing.

        • by HiThere ( 15173 )

          While you are correct, that's not necessarily a bad tactic. If I may quote from a previous generation "Give me liberty or give me death!".

          I don't have to approve of every time the tactic is used to consider the tactic reasonable as a tactic. But if you don't use it in moderation, you are just reaffirming absolutist power in whoever is stronger with no compromise considered. Clearly any attempt to compromise with the current Republicans is a very bad move. They'll take, but they won't give. What;s been

          • Re: (Score:2, Interesting)

            by Anonymous Coward

            If I may quote from a previous generation "Give me liberty or give me death!".

            If I may quote, then "While he loved liberty, he detested the crimes that had been committed in its name."

            • by HiThere ( 15173 )

              That's fair, but beside the point of the argument. The tactic is not inherently reprehensible. Merely extremely dangerous. If you use it when it isn't justified (how to tell?) then you lose any reasonable expectation of compromise to achieve your goals.

        • And how many times did Republicans filibuster again?

          You are probably just as mistaken as Obama [washingtonpost.com], since you all get your info from the save hive-mind of lies.

        • It is hard to compromise with someone who refuses to even come to the table to discuss anything:

          https://www.washingtonpost.com... [washingtonpost.com]

          Every time the republicans try to make a stand it is the same thing from Obama, he won't negotiate anything, he wants exactly what he wants and no less. Can you blame congress for saying no?

      • by beheaderaswp ( 549877 ) * on Thursday September 15, 2016 @05:14PM (#52896553)

        Actually- it was only two terms of congress. 2 years- which you are referring to.

        If you think it's a lie- then you and I have a different understanding of what truth is. That legislation was blocked because of amendments by the Republicans.

        Why is your party holding hostage legislation by amending it with items that the Democrats would not pass? That seems obstructionist to me.

        I'll answer the question for you: Because they can whine (like you) in the press and on comment sections- about how the Democrats torpedoed Zika legislation.

        And why not? It's good for the Republican base- because they really don't care about anything that doesn't fit their agenda. It's good for the party because they can wave the flag about "stopping the evil Democrats".

        And whether it's either party doing this- I don't care. Compromise is the core of constitutionality in the United States. THIS obstructionist move is the fault of Republicans.

        You've also made the mistake of thinking I'm partisan. I'm not. But you need to call anyone who disagrees with you a Democrat.

        • Guess what eight minus two is.

          Still not eight.

          Like I said - lies. You can waffle over the detail of how big of a lie was being told, but that doesn't change the facts.

          • by dywolf ( 2673597 )

            because the GOP totally didn't filibuster during the 2 years they didn't control congress....
            Idiot.

          • by haapi ( 16700 )

            The Democrats had a filibuster-proof majority (barely) for about 5 months between the time Al Franken was sworn in and Ted Kennedy died.
            That was it. And there are more obstruction techniques than just filibustering.

      • For something more recent, was it Republicans or Democrats that were blocking Zika funding [nytimes.com]. HMM!

        Looks to me like: Republicans put poison pills into the funding bill, and the Democrats therefore blocked it. So, if someone says 'here's a bill that everyone really, really need, but we're going to eviscerate these 3 other things that you like', then you should vote for it? What do you think this shows? To me it shows that the Republicans are holding the Zika funding hostage, but I'd love to hear your explanation for it.

        • by dog77 ( 1005249 )
          What are the poison pills you are reffering to?

          Democrats want direct funding for plan parenthood in the bill to help deal with Zika. Republicans don't want this, but would allow for states to allocate money as needed (including plan parenthood).

          Democrats want this bill considered to be emergency funding, but Republicans have paid for part of the 1.1 billion dollar bill with 750 million from ~100 million of unused funds from Ebola and ~540 million from unused funds from the affordable health care act.

      • by dywolf ( 2673597 )

        that's it.
        keep pretending filibusters and holds and other legislative maneuvers the minority party can use to block bills and votes aren't a thing.

      • by dywolf ( 2673597 )

        that's it.
        keep pretending filibusters and holds and other legislative maneuvers the minority party can use to block bills and votes aren't a thing.

        also, it was the first 2 years, not the first 4.
        the first year of which was largely consumed by trying to fix the economy and pass the ACA. and even those two things were not uniformly popular within the democratic party, particularly once the president compromised with the GOP by removing the public option from the ACA proposal.

        and lets bring up Zika.
        lets do.
        for

    • by epyT-R ( 613989 )

      Don't bother trying to prove who's worse. Once you scale the historical context out far enough (at least a few decades) it balances out..

      They're all criminals. Washington needs an enema.

    • "This has effectively meant that nothing has been done" Good, the less they do the better we do.
  • All these congressman get outside counsel from moneyed lobbyists. Shit, the lobbyists sometimes write the final legislation themselves. I don't see what's unique in this scenario.
  • Elected officials, corrupted by a virtually limitless supply of money in the form of campaign contributions and inducements by lobbyists, do the bidding of those who pay for their "service". Business as usual. Do something different, or STFU about it.
    • Yes. The more power you give to government the more people spend to control this power.

      You want to change this? Don't have government try to solve every last problem - this way you (as the oversight committee - ie the voter) is able to focus on the important items.

      The less the govt is involved in the more you can see what's going on. The more it does everything the less you can do.

      Example - speed limits shouldn't be the province of the fed government.

      re net neutrality - maybe the FEC should be
      • by ADRA ( 37398 )

        Or you know, the obvious solution of actively enforcing anti-corruption laws and all those 'small details'.

        • Or you know, the obvious solution of actively enforcing anti-corruption laws and all those 'small details'.

          Good luck getting them to enforce corruption laws against themselves. That's been the problem. There've been plenty of anti-corruption/oversight laws passed, but the government will never convict itself, particularly once it has become such a behemoth as it is today, controlling trillions of dollars.

          The more power you allow a government, the more prone to corruption and tyranny and the less accountable to its' citizens it becomes. It's like a 'Second Law of Thermodynamics' for governments. It is inescapable

  • by swb ( 14022 ) on Thursday September 15, 2016 @04:29PM (#52896221)

    Don't threaten to daydream about thinking about maybe issuing a subpoena.

    Issue the fucking subpeona. When he doesn't immediately comply, charge him with inherent contempt of congress and have the sergeant-at-arms drag him forcibly in front of the committee to answer questions and jail him if he doesn't comply.

    Congress really ought to build a Plexiglas jail cell in the Capitol visitor center specifically for government officials who refuse to recognize the subpoena authority of congress. Nothing would compel their compliance more than knowing that the alternative outcome may be high visibility detention facility where tourists come to learn about the many powers of the US Congress.

    • Issue the fucking subpeona. When he doesn't immediately comply, charge him with inherent contempt of congress and have the sergeant-at-arms drag him forcibly in front of the committee to answer questions and jail him if he doesn't comply.

      I know that in the wet dream of Internet users, that sounds really manly... but it doesn't quite work like that...

      I'll bet 10 dollars that the FBI doesn't respond to the subpoena properly on Clinton until after the election...

      • by swb ( 14022 )

        The Supreme Court has ruled that Congress' subpoena powers are covered by the speech and debate clause of the constitution, making their subpoenas immune from judicial challenge -- "for any Speech or Debate in either House, they shall not be questioned in any other Place".

        This means that under the broad umbrella of congressional speech (which includes issuing subpoenas) they have nearly complete legal immunity, including from judicial intervention.

        If Congress were more willing to use the force of constituti

        • The Supreme Court has ruled that Congress' subpoena powers are covered by the speech and debate clause of the constitution, making their subpoenas immune from judicial challenge -- "for any Speech or Debate in either House, they shall not be questioned in any other Place".

          This means that under the broad umbrella of congressional speech (which includes issuing subpoenas) they have nearly complete legal immunity, including from judicial intervention.

          If Congress were more willing to use the force of constitutional law at their disposal, we might have fewer dipshit bureaucrats acting like they were above the law. You fuck around in a Federal courtroom, and I guarantee you the judge will jail you for contempt so fast it'll make your head swim. Yet Federal officials seem to get away with flipping congress the finger, suppressing documents and dissembling under oath to Congress. Why?

          Because, at the very heart of it, members of Congress have a highly tuned sense of self-preservation and are smart enough to understand that they might be on the other side of the gavel one day. At least this way they know that they can delay and obfuscate long enough to get away with things.

        • Why?

          Because the real world isn't a law book or a class room...

          There is a middle ground between "yes" and "no", the FBI can find all sorts of "reasonable sounding" ways to not comply, for awhile...

    • Issue the fucking subpeona. When he doesn't immediately comply, charge him with inherent contempt of congress and have the sergeant-at-arms drag him forcibly in front of the committee to answer questions and jail him if he doesn't comply.

      Hey, great idea -- that Bryan Pagilano dude is TOAST.

      Oh, sorry, wrong Congress.

  • The article appears to be a press release written by the Congressman Elijah Cummings' staff (with some editing by the reporter whose name appears on the byline). It contains NO information from ANY other source.
    • Yeah, but he claims to have the backing of the entire committee, which has a Republican majority. It would be a pretty stupid thing to lie about since his fellow committee members can just deny it... Of course, being a member of Congress, stupid lies aren't out of the question...

      • If Cummings has the backing of the entire committee it would be the first time. Of course, why would you think this was a stupid thing to lie about. When he, and his staff, probably knew that the reporter was not going to ask anyone else on the committee (or the committee's staff) about his claims...and low and behold, the reporter did not.

        Not even a simple email saying, "Representative Cummings' office is making these claims(see attached). Do you have any comments?"

        The reporter attempted to cover for
        • why would you think this was a stupid thing to lie about

          It's a stupid thing to lie about because it's black and white. To prove he doesn't have the entire backing of the committee, all they have to do is come out and say it, since they are the majority of the committee.

          • Of course, someone has to REPORT that they said it. For that matter, how would they even know he was making the claim? This reporter did not even ask them about it. Yeah, now that it has been reported they are likely to find out, but all anybody will remember is this initial story, not what they may say now. Even now, what makes you think someone would report it if they said anything?
  • Throw these people under the jail. It is not their privilege to deny a subpoena.
  • Dump Pai. Replace him. Simple.

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