Lawmakers Are Fighting For Net Neutrality (theverge.com) 215
An anonymous reader quotes a report from The Verge: Lawmakers and public officials are responding to the FCC's decision to gut net neutrality with promises of action. In the hours following the FCC hearing, officials from around the country announced lawsuits and bills intended to counter the FCC's decision. In New York, Attorney General Eric Schneiderman said that he's leading a multi-state lawsuit to challenge the FCC's vote, though he didn't give further details on the suit or who would be joining him. Calling today's decision an "illegal rollback," he described it as giving "Big Telecom an early Christmas present."
Washington state Attorney General Bob Ferguson also announced he would sue alongside Schneiderman and other attorneys general across the country, saying that he held "a strong legal argument" and that it was likely the government had failed to follow the law with this vote. Other officials from Santa Clara, California, including county supervisor Joe Simitian, are also suing the FCC to block the decision. "We believe the depth of your ideas should outweigh the depths of your pockets," Simitian said at a press conference.
State Sen. Scott Wiener (D-CA) announced plans to introduce a bill to adopt net neutrality as a requirement in his state. He wrote in a Medium post, "If the FCC won't stand up for a free and open internet, California will."
Rep. Mike Coffman (R-CO) tweeted that he will be submitting net neutrality legislation, saying that this was a decision better left to Congress. Coffman was the first Republican to ask the FCC to delay the vote, citing "unanticipated negative consequences" on Tuesday. Furthermore, Sen. Bernie Sanders (D-VT) and Sen. Brian Schatz (D-HI) are supporting Sen. Ed Markey's (D-MA) plan to introduce a Congressional Review Act resolution to undo the FCC vote. Even Rep. Marsha Blackburn (R-TN), who had previously announced on Twitter her support for Ajit Pai and the FCC, tweeted a video, saying, "We will codify the need for no blocking, no throttling, and making certain that we preserve that free and open internet." We're likely to see many others express their disappointment with the FCC's decision over the next few hours and days.
Washington state Attorney General Bob Ferguson also announced he would sue alongside Schneiderman and other attorneys general across the country, saying that he held "a strong legal argument" and that it was likely the government had failed to follow the law with this vote. Other officials from Santa Clara, California, including county supervisor Joe Simitian, are also suing the FCC to block the decision. "We believe the depth of your ideas should outweigh the depths of your pockets," Simitian said at a press conference.
State Sen. Scott Wiener (D-CA) announced plans to introduce a bill to adopt net neutrality as a requirement in his state. He wrote in a Medium post, "If the FCC won't stand up for a free and open internet, California will."
Rep. Mike Coffman (R-CO) tweeted that he will be submitting net neutrality legislation, saying that this was a decision better left to Congress. Coffman was the first Republican to ask the FCC to delay the vote, citing "unanticipated negative consequences" on Tuesday. Furthermore, Sen. Bernie Sanders (D-VT) and Sen. Brian Schatz (D-HI) are supporting Sen. Ed Markey's (D-MA) plan to introduce a Congressional Review Act resolution to undo the FCC vote. Even Rep. Marsha Blackburn (R-TN), who had previously announced on Twitter her support for Ajit Pai and the FCC, tweeted a video, saying, "We will codify the need for no blocking, no throttling, and making certain that we preserve that free and open internet." We're likely to see many others express their disappointment with the FCC's decision over the next few hours and days.
We need to start an Internet 2.0 (Score:3)
And sign an a worldwide agreement to never allow AT&T, Verizon, et al to connect to it.
Re:We need to start an Internet 2.0 (Score:4, Insightful)
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You're forgetting who owns all the wires and routing devices it would operate over... Just because it uses a new protocol and is called "Internet 2.0" doesn't mean it wouldn't have to operate over existing infrastructure.
Re: We need to start an Internet 2.0 (Score:2)
Au contraire Blackadder.
Where we're going, we don't need cables...
https://tools.ietf.org/html/rf... [ietf.org]
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Let me propose a new name for the Internet 2.0 : Compuserve, Prodigy, AOL, ... ;)
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GB2Bed ivan. I can't believe anyone bothers paying you to post here.
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Things like this aren't a two sided war where you have to automatically accept all the shit that says it is on your side.
It's not only possible but advisable to be both against AT&T/Verizon/Comcast AND Soros, as both works to ruin your life, albeit in differing ways.
The T-Rex biting the T-Rex that was chasing you is not your friend, and he will eat you as soon he finishes beating the other T-Rex.
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Yep.
Re: We need to start an Internet 2.0 (Score:2)
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Challenge accepted. [vice.com]
It's a Mid Term Campaign issue! (Score:2)
So the democrats are going to run the midterms on restoring Net Neutrality... Good luck! (You are going to need it.)
Let the demagogues on the issue continue!
Um.. Word of advice, if you care to listen. You need something else other than "Trump Bad, we oppose" and this.
Re:It's a Mid Term Campaign issue! (Score:4, Insightful)
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The bottom line is the democrats chose what might have been the only person that could possibly lose to Trump... I think Kim Jong-un might have been more palatable to a lot of voters than Hillary.
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I think you meant "Trump bad, Hillary worse"
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I think you meant "Trump bad, Hillary worse"
I can live with that... My choice during the primaries was NOT Trump, but once he won it was a pick the lessor of two evils for me.
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I honestly, and not being snarky or anything, really, don't know just what the hell you're trying to say here.
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Don't insult people you are asking for a job, if you actually want that job?
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Ok then. Pretty hard to argue with that.
Re: It's a Mid Term Campaign issue! (Score:2)
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Um.. Word of advice, if you care to listen. You need something else other than "Trump Bad, we oppose" and this.
If writing it only made it true. The sad truth is that democrats will definitely do well just going for the anti-Trump angle. Look at the man's approval ratings. In the dumpster. Opposing the Harasser-In-Chief is plenty to get votes.
The really sad truth is, we could end up with some pretty shady democrats that don't need to run on issues, they can just say 'I hate Trump' and that's it. Done.
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Or, we could just forget about any stupid party affiliations and vote for someone who is not notably evil, has a fairly adult viewpoint, and just possibly has the chops to become statesman-like. Such people do exist, and if we reward such behavior, even someone a fair bit short of that mark would come off as fucking Abraham Lincoln right now.
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Yeah, no. I was pretty much describing someone who is the polar opposite of him. I just left out the other million or so other positive qualities he lacks.
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You think this because you believe that everything a politician does is about personal gain, and you think that because you are a Trotard.
Re: It's a Mid Term Campaign issue! (Score:2)
Re: It's a Mid Term Campaign issue! (Score:2)
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1994 and the Contract with America Republicans beg to differ. They basically ran on a platform of "Bill Clinton sucks, vote for us" and it mostly worked. They formed a large enough voting bloc in the House to control not only the legislation that their own party could pass, but the entire House. It made a lot of career politicians really nervous until they figured out how to marginalize and control them
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Have at it if you think it's going to work... I'm not saying it won't be effective, I'm saying it won't be effective enough for either the House or Senate.
Looking at the house elections, democrats gain some seats, but not enough to gain control. I'll give them 15-20 pickups, far short of the 32 they need. Ryan remains the speaker and the republicans still control the house come 2019.
The Senate is a horse of a totally different color. At first blush, democrats lose seats overall. They have 10 seats at ris
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my take on what the D's should do to regain control:
- ignore the extreme right. they are brain-dead and incapable of unlearning all the crap their church leaders told them, all their lives. these people are not reachable and its not worth the time (sorry)
- activate YOUR OWN BASE. I'm willing to bet that if as many D's were angry enough to get out and vote (in states that matter; many, sadly, do not) that they'd regain the majority
so, its not about converting the 'right', its about having enough of the 'l
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In Alabama the issue was the primary that put Moore on the ticket with less than a majority. We had the same issue in the last presidential primary that got us Trump, who I supported over HRC in the general, but wasn't anybody's choice in the party.
What happened in both cases was that the "right" diluted their votes by splitting them among multiple candidates which matched their views much better than the eventual winner. In both cases, the process selected the middle of the road candidate, flaws and all
Nice to see someone has our back (Score:2)
Why is this so misunderstood? (Score:5, Interesting)
This isn't about net neutrality mostly.
This is largely about Title II of the Communications Act of 1934.
The FCC in 2015 said broadband providers are common carriers under Title 2. This made 400 pages of onerous regulations applicable to all broadband providers, some of the regulations are ridiculous and very subjective. See this link: https://www.redstate.com/diary/freedomworks/2014/09/16/title-ii-regulation-internet-actually-means/
So Title II fosters pointless litigation and excessive regulation.
So, Title II was required for the FCC to implement net neutrality -- otherwise the FCC wouldn't have been able to mandate net neutrality because they can only do that to common carriers under Title II.
With the FCC undoing the Title II requirement, broadband providers will now instead be regulated by the Federal Trade Commission instead of the FCC.
So the Federal Trade Commission will be overseeing the business practices of the telecoms, just like before. Like when the FTC got on Comcast's case for throttling bit torrent back in 2009.
Much ado about the wrong thing. This has little to do with Net Neutrality and a lot to do with Title II having hundreds of pages of regulations that didn't previously apply to broadband.
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So, Title II was required for the FCC to implement net neutrality -- otherwise the FCC wouldn't have been able to mandate net neutrality because they can only do that to common carriers under Title II.
This has little to do with Net Neutrality and a lot to do with Title II having hundreds of pages of regulations that didn't previously apply to broadband.
Maybe you're right and maybe now we'll get a real bill that directly addresses net neutrality. I'm not going to hold my breath but it would be awesome if we got a clear cut law and/or constitutional amendment that clearly spelled out net neutrality and outlawed stuff like fast lanes, zero rating, bundling, port blocking, download/upload ratios, and all the other stuff that tries to screw with the open internet. It would be ironic if by caving to the ISPs and dropping net neutrality from the FCC we got a l
Re:Why is this so misunderstood? (Score:5, Interesting)
You don't need a constitutional amendment. You just need to update the Communications Act to properly classify ISPs as a telecommunications service provider or an information service provider or set up framework for a new classification that is both.
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Pretty much this. The FCC tried Net Neutrality-lite regulations and it was shut down by the Supreme Court in 2005. These rules were the latest attempt to use the Communications Act to regulate ISPs but the problem is because the law is so outdated it cannot properly address the fact that an ISP is an telecommunications service provider (able to be regulated as Title 2) and an information service provider (not able to be regulated under Title 2).
If NN is the answer through Title 2 then Congress is precisely
Re:Why is this so misunderstood? (Score:4, Informative)
This is largely about Title II of the Communications Act of 1934.
The FCC in 2015 said broadband providers are common carriers under Title 2. This made 400 pages of onerous regulations applicable to all broadband providers, some of the regulations are ridiculous and very subjective.
Sigh. This again? How many times do we have to tell you? The FCC rules regarding Net Neutrality did indeed classify ISP's as Title II common carriers. Along with a whole slew of exemptions to that law, as to not apply silly telcom rules to ISPs. Everything was fine as it was.
Quit with the stupid already.
Re:Why is this so misunderstood? (Score:5, Insightful)
Everything was fine as it was.
No it was not fine as it was because the Supreme Court in 2005 said that ISPs couldn't be classified to be regulated under Title 2. These rules were the latest attempt to bypass that court ruling and get back to the precedent established by the Ninth Circuit that could classify the ISPs as Title 2. IOW, an attempt to ignore the Supreme Court.
Congress is the only one that can fix the law to fix the problem.
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Congress is the only one that can fix the law to fix the problem.
This we agree on. Congress needs to pass new NN law, but this congress? Dunno about that. Let's hope the ISPs don't fuck everything up in the meantime, cuz they got a free hand to do whatever they want now. All they gotta do is tell us they're doing it.
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Well, I think on the general principles both sides agree. From there I want to be an optimist on enshrining those principles to law.
Re:Why is this so misunderstood? (Score:4, Informative)
Is this about NATIONAL CABLE & TELECOMMUNICATIONS ASSOCIATION et al. v. BRAND X INTERNET SERVICES et al.? What it looks to me like the Supreme Court actually said in 2005 was that the FCC was allowed to determine whether ISPs should be classified as such. At the time, the FCC didn't, but the Supreme Court decision didn't set the FCC's choice in stone.
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Yep, as expected of Slashdot of late - the ill educated right wing moron crowd weighs in with "pity the poor corporations and all those pesky regulations".
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All this shilling has got me illing!
I can't believe the turnout here for this one!
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Sigh. More armchair lawyering on slashdot.
Federal agencies are legally required to have a reasonable basis for policy making. That's part of
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So if they cared about it they would do what they are doing, but clearly they don't? Brilliant. No wonder you think Trump is "smart".,
The FCC and Ajit Pai (Score:2)
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Those mounting legal issues won't accomplish much except for hot air and waste of time. Because the Supreme Court in 2005 has already ruled that ISPs cannot be regulated by Title 2 under the current law because the law is fundamentally flawed and outdated because it cannot properly classify modern ISPs.
Congress is the only one that can do anything and rightly so.
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Those mounting legal issues won't accomplish much except for hot air and waste of time. Because the Supreme Court in 2005 has already ruled that ISPs cannot be regulated by Title 2 under the current law because the law is fundamentally flawed and outdated because it cannot properly classify modern ISPs.
That's actually the opposite of the actual Supreme Court decision in 2005 [wikipedia.org]. The Supreme Court wrote that the agency is the arbiter of what is and is not Title II and barring a compelling argument that the rules were unambiguous and not being followed (which the court ruled they were ambiguous), the courts should not force any regulatory agency to re-assign their classifications.
Nice work. Everything you've written on this topic is completely wrong because you don't even understand the basics of your own po
orly? (Score:3)
State Sen. Scott Wiener (D-CA) announced plans to introduce a bill to adopt net neutrality as a requirement in his state. He wrote in a Medium post, "If the FCC won't stand up for a free and open internet, California will."
Correct me if I'm wrong, but wasn't part of the new FCC rules to say that states can no longer implement their own NN rules? FCC covered their ass to ensure this atrocity can't be overturned by states?
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Your understanding of what constitutes interstate commerce is lacking. States are absolutely allowed to regulate commercial activity that occurs within their borders. For example, they can require that brewers use third party distributors to get their product to market, even if the beer is brewed in another state.
Applied to Net Neutrality, it seems entirely reasonable that states could require that ISPs operating within their borders must abide by NN principles to make sales within their borders. They
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Oh, it is so much worse than you might imagine. For decades the interstate commerce clause has been abused in some absurd contortions of the law. If I remember correctly, there was actually a case where the Feds successfully argued in court that the commerce clause allowed them to regulate a farmer who grew wheat for feeding his own livestock. The Fed argued that because the farmer grew extra wheat he then participated less in the marketplace which would include wheat from out of state, thus his farming act
The people have a right (Score:2)
If we as a people decide that it is a good thing to regulate these businesses, then it should be so. If these companies do not want to be in this business, they can all go somewhere else... or so by their logic, they would tell the people.
The comment period was a joke, and the comments that were made were not taken seriously. The entire point of a government is for the people to come to some consensus, and when a leader of an agency blatantly doesn't care, the agency needs to have its feet held to the fi
Legislation (Score:2)
Furthermore, Sen. Bernie Sanders (D-VT) and Sen. Brian Schatz (D-HI) are supporting Sen. Ed Markey's (D-MA) plan to introduce a Congressional Review Act resolution to undo the FCC vote.
Why don't they introduce a bill allowing the FCC to regulate broadband throttling? The FCC board's (and Patel's) issue with the previous legislation was it was introduced under common carrier requirements.
Signs of intersplit! (Score:2)
State Sen. Scott Wiener (D-CA) announced plans to introduce a bill to adopt net neutrality as a requirement in his state. He wrote in a Medium post, "If the FCC won't stand up for a free and open internet, California will."
As I already commented, this can't happen cuz interstate commerce and FCC rules and all that. So to achieve this, there will need to be a separate internet in California.
Now look I'm not saying the sky is falling, but this is the crack in the egg. Maybe nothing comes of it, or maybe internet starts to fragment.
This is what the repeal bought us. This could happen. Maybe not right away, but as networks become increasing competitive with each other, it's going to start to make sense to shut out your compet
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There's an old saying, "an ounce of prevention is worth a pound of cure". It's wise advice. It's cheaper and easier to do the right thing now, then to attempt to fix all of the obvious problems piecemeal when they inevitably do happen.
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Tell me again (Score:2)
how all lawmakers are exactly the same on every issue.
Go on, say it.
I dare you.
For the people, by the people, etc (Score:2)
Good thing corporations are legally people these days.
Lipservice (Score:2)
https://www.theverge.com/2017/... [theverge.com]
Bottom line is the leaches and oligarchy want NN dead, it will stay dead because we the people no longer matter.
Re:This is why we can't have nice things (Score:4, Insightful)
This is akin to removing anti-monopoly laws, you moron.
It is amazing how free-market loving Republicans are so happy to sign legislation that allows a handful of companies to control a gigantic market. See also: historical stance on debt and the new tax bill.
Re:This is why we can't have nice things (Score:5, Insightful)
This is akin to removing anti-monopoly laws
No it isn't. This is akin to a poorly outdated law being interpreted in 2 ways that are both correct and wrong at the same time.
Congress fixing that poorly outdated law is the proper course of action instead of the FCC overstepping their authority and ignoring the courts.
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Re:This is why we can't have nice things (Score:5, Insightful)
Bullshit. NN does absofuckinglutely nothing to address the real issue, namely local monopolies. You want to solve the problem, get legislation passed that eliminates anti-last mile legislation, blocks municipal exclusivity agreements, and forces prompt(within 72 hours) shifting of cable on public poles so that competitors can install theirs.
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That would be a better solution, there's no question, but surely you agree that'd take time especially given all the examples of Comcast et al suing to block municipal fiber? In the meantime why not have common-sense rules preventing the worst of the monopolistic excesses?
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Eh. Market consolidation will naturally lead to a handful of providers - or just one - in a market. Any market. Thus the bargain of exclusivity for the company in return from regulation from the municipality.
The only alternatives are heavy-handed regulation or making the inter
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If only people would stop electing terrible legislators.
Can't have that. The voters are helpless little angels and can only do what the TV tells them. Because, you know, like, democracy is hard, and the glittery money dazzles. I mean, they all want laws passed, but they never offer up anybody who will make an honest effort of it. Apparently, it's supposed to happen automagically, even as they reelect the same old crooks into office.
Now watch the magic!
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Can't have that. The voters are helpless little angels and can only do what the TV tells them. Because, you know, like, democracy is hard, and the glittery money dazzles. I mean, they all want laws passed, but they never offer up anybody who will make an honest effort of it. Apparently, it's supposed to happen automagically, even as they reelect the same old crooks into office.
It would help if 94% of the congressional districts weren't rigged to favour one of the candidates. Gerrymandering is a cancer on American democracy.
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If you were as smart as you seem to think you are, you would realize that we're not limited to a single legislation, and could have NN and break up local monopolies also.
Yes, we can. But I have a fundamental issue with NN: it infringes on the property rights of the network owner. If I build a network, small or large, and I pay for the routers, switches, transmission and operations, I should be able to do whatever I want with it. My network, my rules. And my customers can vote with their feet.
Which if course, is the part where the breakup of monopolies comes in.
If only people would stop electing terrible legislators.
That, we totally agree on. Just look at our Supreme Leader (and yes, I know he is the head of the EB, but still
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Re: This is why we can't have nice things (Score:2, Informative)
Yea, that's not how anything works. Regulations are there because if you let them, companies would just dump their waste into rivers and use lead in gas because it makes the engine run smoother.
The reason government exists is to protect the masses from whims and desires of monied interests.
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Yea, that's not how anything works. Regulations are there because if you let them, companies would just dump their waste into rivers and use lead in gas because it makes the engine run smoother.
The reason government exists is to protect the masses from whims and desires of monied interests.
Actually, you're wrong. Government exists so that there is some form of order and civility. Although, I am not sure about the civility anymore. Lawless civilizations usually degrade into violence and we're not quite there yet.
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Your mistake is to think that regulations are anything other than law and order to ensure civility.
That's exactly what they are, so by your own definition, this IS part of government's job. Just because the particular type of laws are specialized to deal some unique circumstances that don't really exist with individuals doesn't make them any less about maintaining order and civility.
You can poison somebody, maybe a few if you are very good at getting away with it. A corporation can poison millions of people
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We brought the Republicans in with a wave election and a mandate to repeal regulations, which is exactly what's happening. There should be dancing in the streets. Shady!!!!
Trump has no mandate because he lost the popular vote, because around a third of Americans approve of the job he is doing, and because 75%-80% of Americans believe the country is headed in the wrong direction.
If you agree with Lincoln that the American government should be "of the people, by the people, for the people" then you must reject the actions of Ajit Pai and Trump.
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I read this in Boris Baddenov's voice. Gold.
Don't meme for money, meme for art my friend.
Re: This is why we can't have nice things (Score:2)
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So what you're saying is that back when the internet was orders of magnitude less complex and carried orders of magnitude less information at an orders of magnitude slower speed and went over POTS copper it was cheaper? REALLY? I never would have guessed.
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If they could make the internet better they have had plenty of networks they could do it with. They still could make ISPnetPremium but they don't.
The existence of an open internet defeats the price collusion schemes that make these networks profitable.
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Sorry, but that's like saying the human genome isn't complex because it's just four nucleic acids, like in the old days. Maybe at the layer you worry about it's just like always, but there are quite a few complex optimizations, translations, and application-layer standards, that if they do what they're meant to do, are transparent to most. Doesn't mean they don't exist.
Re: This is why we can't have nice things (Score:2)
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Given the mood of the country (in general, not just about NN), come 2018 a whole lot of congressmen with (R) after their name are going to be out, and more with (D) after their name will be in.
Should any new legislation WRT NN not wait until after 2018 to give it a better chance?
Mmmm. This is a beautiful catch-22 those (R)'s are in now. If they do nothing, they will be pistol whipped with repealing NN, in the midterms.
If they do something, they'll incur Trump's wrath. It's his goon that did the repeal afterall.
And Democrats have no motivation to act right now. Repubs just handed them more winning things to talk about in 2018.
Re:Attorney General Eric Schneiderman (Score:4, Insightful)
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But hey, give the current administration credit. At least they're seeking public comment on rulemakings rather than simply issuing "guidance" that more or less acts like a rule without going through the rulemaking process.
Um, it's pretty clear they weren't seeking public comment, but merely going through the motions to make it look like they are. And they pretty much had to do that, because they couldn't issue "guidance" that contradicts the classification system, and really I think the whole point is to make sure that customers do not have standing to sue Comcast and Verizon when they start violating the network neutrality rules.
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What's that have to do with anything?
Re:Good news (Score:4, Funny)
Re: Good news (Score:2)
Re: Good news (Score:2)
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Re: Private network (Score:2)
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The internet is a private network. Just because people want to use it to watch TV doesn't change that fact. The entire NN movement is about seizing private property so someone else who didn't pay for it can benefit. It would be better to leave the network free, and just pay the deadbeats who can't afford their TV the gap price.
Who didn't pay for it? I pay an ISP to carry my data to and from the internet. If I go over a limit, they even charge me more for the additional data. So I pay them to route my information to the internet and the information I requested back to me. Everything else is misdirection because I already paid them for the service they are providing.
Comcast and Verizon, however, want to get paid more than once to do that job. Wouldn't we all like that? Wouldn't you like to get two or three pay checks for the
Re: libs love regulation (Score:2)
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Capitalism works, this law was nothing more than Liberals wanting to control free speech.
You had a point up until you blamed Liberals, at which point you showed your true colors as a blinder-wearing Conservative.
The phrase that applies to this issue (and most any other issue) is this: Follow The Money. In other words, blame the assholes that will make money hand over fist due to the issue.
Re:Because worse is better (Score:4, Insightful)
Wow, so unaware of the irony. Corporations cannot make you do anything. Governments can and do, thus restricting freedom.
No, no, no. That's just wrong. Corporations can, in fact, force you do to anything but they are not legally allowed to do so. And it's the government that makes the rules that say they aren't allowed to force you to do things, unless you sign a contract and unless you are given compensation for the things you are then required to do. Without the government the corporation would be making it's own rules about what it's allowed to do, and if you think a democratic government which has to actually run elections is oppressive, you should get the chance to live under corporate rule where the corporation only has a duty to a majority of it's share holders. I doubt you'd prefer it.
Government regulations can protect your freedoms or they take them away. This should be self-evident. Laws against murder, for example, create more freedom than they remove. Government regulation is always a trade off between freedoms.
It's important to always look at the rules and try and figure whether the trade off is a good one. In this case, I think it is. Net Neutrality is trading away Comcast's freedom to monitor, intercept, modify, or destroy your communications, for your freedom to communicate on the internet without interference from your service provider. The government is taking away a freedom from the corporations to make a similar freedom available to the people.
Regulation, any regulation, just hampers competition.
I'm afraid not. The most obvious example that this claim is false is every regulation that curbs anti-competitive practices. Those regulations increase competition by disallowing behaviour that undermines competition.