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Paul Merrell

The FCC is about to kill the free Internet | PandoDaily - 0 views

  • The Federal Communications Commission is poised to ruin the free Internet on a technicality. The group is expected to introduce new net neutrality laws that would allow companies to pay for better access to consumers through deals similar to the one struck by Netflix and Comcast earlier this year. The argument is that those deals don’t technically fall under the net neutrality umbrella, so these new rules won’t apply to them even though they directly affect the Internet. At least the commission is being upfront about its disinterest in protecting the free Internet.
  • The Verge notes that the proposed rules will offer some protections to consumers: The Federal Communication Commission’s proposal for new net neutrality rules will allow internet service providers to charge companies for preferential treatment, effectively undermining the concept of net neutrality, according to The Wall Street Journal. The rules will reportedly allow providers to charge for preferential treatment so long as they offer that treatment to all interested parties on “commercially reasonable” terms, with the FCC will deciding whether the terms are reasonable on a case-by-case basis. Providers will not be able to block individual websites, however. The goal of net neutrality rules is to prevent service providers from discriminating between different content, allowing all types of data and all companies’ data to be treated equally. While it appears that outright blocking of individual services won’t be allowed, the Journal reports that some forms of discrimination will be allowed, though that will apparently not include slowing down websites.
  • Re/code summarizes the discontent with these proposed rules: Consumer groups have complained about that plan because they’re worried that Wheeler’s rules may not hold up in court either. A federal appeals court rejected two previous versions of net neutrality rules after finding fault in the FCC’s legal reasoning. During the latest smackdown, however, the court suggested that the FCC had some authority to impose net neutrality rules under a section of the law that gives the agency the ability to regulate the deployment of broadband lines. Internet activists would prefer that the FCC just re-regulate Internet lines under old rules designed for telephone networks, which they say would give the agency clear authority to police Internet lines. Wheeler has rejected that approach for now. Phone and cable companies, including Comcast, AT&T and Verizon, have vociferously fought that idea over the past few years.
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  • The Chicago Tribune reports on the process directing these rules: The five-member regulatory commission may vote as soon as May to formally propose the rules and collect public comment on them. Virtually all large Internet service providers, such as Verizon Communications Inc. and Time Warner Cable Inc., have pledged to abide by the principles of open Internet reinforced by these rules. But critics have raised concerns that, without a formal rule, the voluntary pledges could be pulled back over time and also leave the door open for deals that would give unequal treatment to websites or services.
  • I wrote about the European Union’s attempts to defend the free Internet: The legislation is meant to provide access to online services ‘without discrimination, restriction or interference, independent of the sender, receiver, type, content, device, service or application.’ For example, ISPs would be barred from slowing down or ‘throttling’ the speed at which one service’s videos are delivered while allowing other services to stream at normal rates. To bastardize Gertrude Stein: a byte is a byte is a byte. Such restrictions would prevent deals like the one Comcast recently made with Netflix, which will allow the service’s videos to reach consumers faster than before. Comcast is also said to be in talks with Apple for a deal that would allow videos from its new streaming video service to reach consumers faster than videos from competitors. The Federal Communications Commission’s net neutrality laws don’t apply to those deals, according to FCC Chairman Tom Wheeler, so they are allowed to continue despite the threat they pose to the free Internet.
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    Cute. Deliberately not using the authority the court of appeals said it could use to impose net neutrality. So Europe can have net neutrality but not in the U.S.
Paul Merrell

With rules repealed, what's next for net neutrality? | TheHill - 0 views

  • The battle over the Federal Communications Commission’s (FCC) repeal of net neutrality rules is entering a new phase, with opponents of the move launching efforts to preserve the Obama-era consumer protections.The net neutrality rules had required internet service providers to treat all web traffic equally. Republicans on the commission decried the regulatory structure as a gross overreach, and quickly moved to reverse them once the Trump administration came to power. The reversal of the rules was published in the Federal Register Thursday, and even though the order is months away from implementation, net neutrality supporters are now free to mount legal challenges to the action. A coalition of Democratic state attorneys general, public interest groups and internet companies have vowed to fight in the courts. Twenty-three states, led by New York and its attorney general, Eric Schneiderman (D), have already filed a lawsuit. 
  • Even if Democrats do manage to find the tie-breaking vote in the Senate, the bill is almost certain to die in the House. But Democrats see a roll call vote as an opportunity to make GOP members stake out a position on an issue that they think could resonate in the midterm elections. On yet another front, Democratic states around the country have already launched their own attack on the FCC’s rules. Five governors (from Montana, Hawaii, New Jersey, Vermont and New York) have in recent weeks signed executive orders forbidding their states from doing business with internet service providers who violate net neutrality principles. And, according to the pro-net neutrality group Free Press, legislatures in 26 states are weighing bills that would codify their own open internet protections. The local efforts could ignite a separate legal battle over whether states have the authority to counteract the FCC’s order, which included a provision preempting them from replacing the rules.
  • The emerging court battle over net neutrality could keep the issue in limbo for years.Meanwhile, a separate battle over the rules is brewing in Congress.Senate Democrats have secured enough support to force a vote on a bill that would undo the FCC’s December vote and leave the net neutrality rules in place. The bill, which is being pushed by Sen. Ed MarkeyEdward (Ed) John MarkeyRegulators seek to remove barriers to electric grid storage Markey, Paul want to know if new rules are helping opioid treatment Oil spill tax on oil companies reinstated as part of budget deal MORE (D-Mass.), would use a legislative tool called the Congressional Review Act (CRA) to roll back the FCC’s repeal of net neutrality. The entry of the FCC’s repeal order in the Federal Register Thursday means that the Senate has 60 legislative days to move on the CRA bill. Democrats have secured support from one Republican, Sen. Susan CollinsSusan Margaret CollinsOvernight Tech: Judge blocks AT&T request for DOJ communications | Facebook VP apologizes for tweets about Mueller probe | Tech wants Treasury to fight EU tax proposal Overnight Regulation: Trump to take steps to ban bump stocks | Trump eases rules on insurance sold outside of ObamaCare | FCC to officially rescind net neutrality Thursday | Obama EPA chief: Reg rollback won't stand FCC to officially rescind net neutrality rules on Thursday MORE (Maine), and need just one more to cross the aisle for the bill to pass the chamber. 
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  • For their part, Republicans who applauded the FCC repeal are calling for a legislation that would codify some net neutrality principles. They say doing so would allow for less heavy-handed protections that provide certainty to businesses.But most net neutrality supporters reject that course, at least while the repeal is tied up in court and Republicans control majorities in both the House and Senate. They argue that such a bill would amount to little more than watered-down protections that would be unable to keep internet service providers in check. For now, Democrats seem content to let the battles in the courts and Congress play out.
Paul Merrell

Net neutrality comment fraud will be investigated by government | Ars Technica - 0 views

  • The US Government Accountability Office (GAO) will investigate the use of impersonation in public comments on the Federal Communications Commission's net neutrality repeal. Congressional Democrats requested the investigation last month, and the GAO has granted the request. While the investigation request was spurred by widespread fraud in the FCC's net neutrality repeal docket, Democrats asked the GAO to also "examine whether this shady practice extends to other agency rulemaking processes." The GAO will do just that, having told Democrats in a letter that it will "review the extent and pervasiveness of fraud and the misuse of American identities during federal rulemaking processes."
  • The GAO provides independent, nonpartisan audits and investigations for Congress. The GAO previously agreed to investigate DDoS attacks that allegedly targeted the FCC comment system, also in response to a request by Democratic lawmakers. The Democrats charged that Chairman Ajit Pai's FCC did not provide enough evidence that the attacks actually happened, and they asked the GAO to find out what evidence the FCC used to make its determination. Democrats also asked the GAO to examine whether the FCC is prepared to prevent future attacks. The DDoS investigation should happen sooner than the new one on comment fraud because the GAO accepted that request in October.
  • The FCC's net neutrality repeal received more than 22 million comments, but millions were apparently submitted by bots and falsely attributed to real Americans (including some dead ones) who didn't actually submit comments. Various analyses confirmed the widespread spam and fraud; one analysis found that 98.5 percent of unique comments opposed the repeal plan.
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  • The FCC's comment system makes no attempt to verify submitters' identities, and allows bulk uploads so that groups collecting signatures for letters and petitions can get them on the docket easily. It was like that even before Pai took over as chair, but the fraud became far more pervasive in the proceeding that led to the repeal of net neutrality rules. Pai's FCC did not remove any fraudulent comments from the record. Democratic FCC Commissioner Jessica Rosenworcel called for a delay in the net neutrality repeal vote because of the fraud, but the Republican majority pushed the vote through as scheduled last month. New York Attorney General Eric Schneiderman has been investigating the comment fraud and says the FCC has stonewalled the investigation by refusing to provide evidence. Schneiderman is also leading a lawsuit to reverse the FCC's net neutrality repeal, and the comment fraud could play a role in the case. "We understand that the FCC's rulemaking process requires it to address all comments it receives, regardless of who submits them," Congressional Democrats said in their letter requesting a GAO investigation. "However, we do not believe any outside parties should be permitted to generate any comments to any federal governmental entity using information it knows to be false, such as the identities of those submitting the comments."
Paul Merrell

Republicans seek fast-track repeal of net neutrality | Ars Technica - 0 views

  • Republicans in Congress yesterday unveiled a new plan to fast track repeal of the Federal Communications Commission's net neutrality rules. Introduced by Rep. Doug Collins (R-Ga.) and 14 Republican co-sponsors, the "Resolution of Disapproval" would use Congress' fast track powers under the Congressional Review Act to cancel the FCC's new rules.
  • Saying the resolution "would require only a simple Senate majority to pass under special procedural rules of the Congressional Review Act," Collins' announcement called it "the quickest way to stop heavy-handed agency regulations that would slow Internet speeds, increase consumer prices and hamper infrastructure development, especially in his Northeast Georgia district." Republicans can use this method to bypass Democratic opposition in the Senate by requiring just a simple majority rather than 60 votes to overcome a filibuster, but "it would still face an almost certain veto from President Obama," National Journal wrote. "Other attempts to fast-track repeals of regulations in the past have largely been unsuccessful." This isn't the only Republican effort to overturn the FCC's net neutrality rules. Another, titled the "Internet Freedom Act," would wipe out the new net neutrality regime. Other Republican proposals would enforce some form of net neutrality rules while limiting the FCC's power to regulate broadband.
  • The FCC's rules also face lawsuits from industry consortiums that represent broadband providers. USTelecom filed suit yesterday just after the publication of the rules in the Federal Register. Today, the CTIA Wireless Association, National Cable & Telecommunications Association (NCTA), and American Cable Association (ACA) all filed lawsuits to overturn the FCC's Open Internet Order. The CTIA and NCTA are the most prominent trade groups representing the cable and wireless industries. The ACA, which represents smaller providers, said it supports net neutrality rules but opposes the FCC's decision to reclassify broadband as a common carrier service. However, a previous court decision ruled that the FCC could not impose the rules without reclassifying broadband.
Gonzalo San Gil, PhD.

Tools | La Quadrature du Net - 1 views

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    [ Who are we? FAQ Tools Contact Press room English Français La Quadrature du Net La Quadrature du Net Internet & Libertés Participate Support us Newsletter RSS Identi.ca Twitter Dossiers Net Neutrality ACTA Anti-sharing directive - IPRED Net filtering Online Services Directive Proposals Tools general Printer-friendly version Send to friend Français Political Memory Political Memory is a toolbox designed to help reach members of the European Parliament (MEPs) and track their voting records. You may find the list of Members of the European Parliament: by alphabetical order by country by political group by committee For each Member of Parliament or European MP are listed contact details, mandates, as well as their votes and how they stand on subjects touched on by La Quadrature du Net. If you have telephony software installed on your computer, you can call them directly by clicking on "click to call". Wiki The wiki is the collaborative part of this website where anyone can create or modify content. This is where information on La Quadrature's campaigns (such as those about the written statement on ACTA or the IPRED Consultation), highlights of the National Assembly1 debates, pages relating to ongoing issues tracked by La Quadrature, as well as analyses, illustrations and more can be found. Mediakit The Mediakit is an audio and video data bank. It contains interventions of La Quadrature's spokespeople in the media as well as reports about issues La Quadrature closely follows. All these media can be viewed and downloaded in different formats. Press Review The Press Review is a collection of press articles about La Quadrature du Net's issues. It is compiled by a team of volunteers and comes in two languages: English and French. Articles written in other languages appear in both press re
Gonzalo San Gil, PhD.

On net neutrality, Internet providers are betrayed by one of their own | Ars Technica - 2 views

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    "They're not happy anymore, especially not after Wheeler yesterday all but confirmed at the Consumer Electronics Show (CES) that he will propose reclassifying Internet providers as common carriers in order to impose net neutrality rules. This would expose broadband to some of the FCC's strongest powers contained in Title II of the Communications Act, usually reserved for wireline phone service." [# ! The saddest... # ! ... of this story is that , one more time, is clearly shown that, # ! in the #Internet issues, #citizens are the least #important.... (# ! and it's yet to be seen if that, finally, Internet providers are reclassified as "common carriers in order to impose net neutrality rules". )]
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    "They're not happy anymore, especially not after Wheeler yesterday all but confirmed at the Consumer Electronics Show (CES) that he will propose reclassifying Internet providers as common carriers in order to impose net neutrality rules. This would expose broadband to some of the FCC's strongest powers contained in Title II of the Communications Act, usually reserved for wireline phone service."
Paul Merrell

Bankrolled by broadband donors, lawmakers lobby FCC on net neutrality | Ars Technica - 1 views

  • The 28 House members who lobbied the Federal Communications Commission to drop net neutrality this week have received more than twice the amount in campaign contributions from the broadband sector than the average for all House members. These lawmakers, including the top House leadership, warned the FCC that regulating broadband like a public utility "harms" providers, would be "fatal to the Internet," and could "limit economic freedom."​ According to research provided Friday by Maplight, the 28 House members received, on average, $26,832 from the "cable & satellite TV production & distribution" sector over a two-year period ending in December. According to the data, that's 2.3 times more than the House average of $11,651. What's more, one of the lawmakers who told the FCC that he had "grave concern" (PDF) about the proposed regulation took more money from that sector than any other member of the House. Rep. Greg Walden (R-OR) was the top sector recipient, netting more than $109,000 over the two-year period, the Maplight data shows.
  • Dan Newman, cofounder and president of Maplight, the California research group that reveals money in politics, said the figures show that "it's hard to take seriously politicians' claims that they are acting in the public interest when their campaigns are funded by companies seeking huge financial benefits for themselves." Signing a letter to the FCC along with Walden, who chairs the House Committee on Energy and Commerce, were three other key members of the same committee: Reps. Fred Upton (R-MI), Robert Latta (R-OH), and Marsha Blackburn (R-TN). Over the two-year period, Upton took in $65,000, Latta took $51,000, and Blackburn took $32,500. In a letter (PDF) those representatives sent to the FCC two days before Thursday's raucous FCC net neutrality hearing, the four wrote that they had "grave concern" over the FCC's consideration of "reclassifying Internet broadband service as an old-fashioned 'Title II common carrier service.'" The letter added that a switchover "harms broadband providers, the American economy, and ultimately broadband consumers, actually doing so would be fatal to the Internet as we know it."
  • Not every one of the 28 members who publicly lobbied the FCC against net neutrality in advance of Thursday's FCC public hearing received campaign financing from the industry. One representative took no money: Rep. Nick Rahall (D-WV). In all, the FCC received at least three letters from House lawmakers with 28 signatures urging caution on classifying broadband as a telecommunications service, which would open up the sector to stricter "common carrier" rules, according to letters the members made publicly available. The US has long applied common carrier status to the telephone network, providing justification for universal service obligations that guarantee affordable phone service to all Americans and other rules that promote competition and consumer choice. Some consumer advocates say that common carrier status is needed for the FCC to impose strong network neutrality rules that would force ISPs to treat all traffic equally, not degrading competing services or speeding up Web services in exchange for payment. ISPs have argued that common carrier rules would saddle them with too much regulation and would force them to spend less on network upgrades and be less innovative.
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  • Of the 28 House members signing on to the three letters, Republicans received, on average, $59,812 from the industry over the two-year period compared to $13,640 for Democrats, according to the Maplight data. Another letter (PDF) sent to the FCC this week from four top members of the House, including Speaker John Boehner (R-OH), Majority Leader Eric Cantor (R-VA), Majority Whip Kevin McCarthy (R-CA), and Republican Conference Chair Cathy McMorris Rodgers (R-WA), argued in favor of cable companies: "We are writing to respectfully urge you to halt your consideration of any plan to impose antiquated regulation on the Internet, and to warn that implementation of such a plan will needlessly inhibit the creation of American private sector jobs, limit economic freedom and innovation, and threaten to derail one of our economy's most vibrant sectors," they wrote. Over the two-year period, Boehner received $75,450; Cantor got $80,800; McCarthy got $33,000; and McMorris Rodgers got $31,500.
  • The third letter (PDF) forwarded to the FCC this week was signed by 20 House members. "We respectfully urge you to consider the effect that regressing to a Title II approach might have on private companies' ability to attract capital and their continued incentives to invest and innovate, as well as the potentially negative impact on job creation that might result from any reduction in funding or investment," the letter said. Here are the 28 lawmakers who lobbied the FCC this week and their reported campaign contributions:
Paul Merrell

FCC's Wheeler Promises Net Neutrality Action 'Shortly' | Adweek - 0 views

  • he pressure is mounting on the Federal Communications Commission to revisit how it will regulate net neutrality in the wake of the DC Circuit Court of Appeals decision that tossed the rules back in the regulator's lap.
  • More than 1 million people signed the petition urging the FCC to "reassert its clear authority over our nation's communications infrastructure" and classify the transmission component of broadband Internet as a telecommunications service. While the court struck down the non-discrimination and no-blocking rules, it also ruled the FCC had the authority to regulate the Internet. That decision leaves the FCC with a thorny legal choice about whether it regulates by classifying the Internet as a telecommunications service or as an information service. In seeking to reassure the petitioners, Wheeler affirmed the commission's commitment to preserve and protect the open Internet. "We interpret the court decision as an invitation and we will accept that invitation," Wheeler said in a press conference following Thursday's meeting. "One of the great things about what the Internet does and why it needs to stay open, it enables people to organize and express themselves. A million people? That's boffo."
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    Over a million signed the petition. Wow! But note that the battle is not over. The FCC could reimplement net neutrality now if it reclassified broadband internet as a telecommunications service. That the FCC has not already set this in motion raises danger flags. All it takes is for a few contracts to be signed to give the ISPs 5th Amendment taking clause claims for damages against the government for reimplementing net neutrality the right way, A "reasonable investment-backed expectation" is the relevant 5th Amendment trigger. 
Paul Merrell

Washington becomes first state to pass law protecting net neutrality - Mar. 6, 2018 - 0 views

  • n a bipartisan effort, the state's legislators passed House Bill 2282. which was signed into law Monday by Gov. Jay Inslee. "Washington will be the first state in the nation to preserve the open internet," Inslee said at the bill signing. The state law, approved by the legislature last month, is to safeguard net neutrality protections, which have been repealed by the Federal Communications Commission and are scheduled to officially end April 23. Net neutrality requires internet service providers to treat all online content the same, meaning they can't deliberately speed up or slow down traffic from specific websites to put their own content at advantage over rivals. The FCC's decision to overturn net neutrality has been championed by the telecom industry, but widely criticized by technology companies and consumer advocacy groups. Attorneys general from more than 20 red and blue states filed a lawsuit in January to stop the repeal. Inslee said the new measure would protect an open internet in Washington, which he described as having "allowed the free flow of information and ideas in one of the greatest demonstrations of free speech in our history." HB2282 bars internet service providers in the state from blocking content, applications, or services, or slowing down traffic on the basis of content or whether they got paid to favor certain traffic. The law goes into effect June 6.
Paul Merrell

FCC Chairman Moves Toward Real Net Neutrality Protections | Free Press - 0 views

  • In an appearance at the Consumer Electronics Show in Las Vegas today, FCC Chairman Tom Wheeler indicated that he will move to protect Net Neutrality by reclassifying Internet access under Title II of the Communications Act. The chairman plans to circulate a new rule in early February. The agency is expected to vote on it during its Feb. 26 open meeting. Free Press President and CEO Craig Aaron made the following statement: “Chairman Wheeler appears to have heard the demands of the millions of Internet users who have called for real Net Neutrality protections. The FCC’s past decisions to put its oversight authority on ice resulted in Net Neutrality being under constant threat. Wheeler now realizes that it’s best to simply follow the law Congress wrote and ignore the bogus claims of the biggest phone and cable companies and their well-financed front groups. “Of course the devil will be in the details, and we await publication of the agency's final decision. But it’s refreshing to see the chairman firmly reject the industry’s lies and scare tactics. As we’ve said all along, Title II is a very flexible, deregulatory framework that ensures investment and innovation while also preserving the important public interest principles of nondiscrimination, universal service, interconnection and competition.”
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    Title II is for "common carriers." See http://transition.fcc.gov/Reports/1934new.pdf pg. 35. Under Section 202: "(a) It shall be unlawful for any common carrier to make any unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities, or services for or in connection with like communication service, directly or indirectly, by any means or device, or to make or give any undue or unreasonable preference or advantage to any particular person, class of persons, or locality, or to subject any particular person, class of persons, or locality to any undue or unreasonable prejudice or disadvantage. (b) Charges or services, whenever referred to in this Act, include charges for, or services in connection with, the use of common carrier lines of communication, whether derived from wire or radio facilities, in chain broadcasting or incidental to radio communication of any kind. (c) Any carrier who knowingly violates the provisions of this section shall forfeit to the United States the sum of $6,000 for each such offense and $300 for each and every day of the continuance of such offense. 
Paul Merrell

Senate votes to overturn Ajit Pai's net neutrality repeal | Ars Technica - 0 views

  • The US Senate today voted to reverse the Federal Communications Commission's repeal of net neutrality rules, with all members of the Democratic caucus and three Republicans voting in favor of net neutrality. The Senate approved a Congressional Review Act (CRA) resolution that would simply undo the FCC's December 2017 vote to deregulate the broadband industry. If the CRA is approved by the House and signed by President Trump, Internet service providers would have to continue following rules that prohibit blocking, throttling, and paid prioritization.
  • Democrats face much longer odds in the House, where Republicans hold a 236-193 majority. Republicans have a slim majority in the Senate, but Sen. Susan Collins (R-Maine), Sen. John Kennedy (R-La.), and Sen. Lisa Murkowski (R-Alaska) broke ranks in order to support net neutrality and common carrier regulation of broadband providers. The vote was 52-47.
Paul Merrell

The Attack on Net Neutrality Begins | The Fifth Column - 0 views

  •  The United States Telecom Association has filed a lawsuit to overturn the net neutrality rules set by the Federal Communications Commission this past February. In its Monday morning Press Release USTelecom, who represents Verizon and AT&T among others, said it filed a lawsuit in the US Court of Appeals for the District of Columbia joining a similar law suit filed by Alamo Broadband Inc.
  • The Federal Communications Commission (FCC) published its net neutrality rules in the Federal Register on Monday and, according to procedure, that began a 60-day countdown until they go into effect (June 12). Their publication also opened a 30-day window for Internet service providers to appeal.  USTelecom and Alamo Broadband wasted no time.  USTelecom filed a previous action preserving the issue according to local court rule prior to the formal petition in March.
  • The rules, which were voted on in February, reclassify broadband under Title II of the 1934 Communications Act and require that ISPs transmit all Web traffic at the same speed. Over 400 pages long, USTelecom filed a CD of the rules as an exhibit with its action. This suit is predicted to be the first of many, as broadband groups like AT&T to congressional Republicans have signaled that they plan to fight the decision.
Paul Merrell

The End of the Internet As We Know It - 2 views

  • We owe everything we love about the Web to net neutrality, the principle that the Internet is an open platform and service providers like AT&T, Comcast, and Time Warner can’t dictate where you go and what you do online. Without net neutrality, the Web would look a lot like cable, with the most popular content available only on certain tiers or with certain providers. (Imagine AT&T as the exclusive home of Netflix and Comcast as the sole source of YouTube.)
  • In 2010, the Federal Communications Commission tried to establish concrete rules to protect net neutrality. But the agency ended up caving to pressure from the biggest phone and cable companies and left huge loopholes standing in the way of a truly open Internet. And now Verizon is in court challenging those rules — and the FCC’s authority to draft and enforce them to protect consumers and promote competition. That’s because under the Bush administration, the FCC decided to give away much of its authority to oversee our broadband networks. The current FCC could fix the problem by reclaiming this authority, but it hasn’t yet. If the FCC loses the case and fails to take the necessary action to reverse course, the agency will be toothless as the biggest Internet providers run amok and destroy everything we love about the Internet. Indeed, the second it looks like the FCC is going to be defeated, you can expect all the telecoms and ISPs to join hands and declare they’ve reached an agreement to self-regulate.
  • If this happens, they’ll win and we’ll lose. Online privacy will be a thing of the past. (If you thought it already was, believe me, things could get worse.) The ISPs will try to read all of your content so they can sell you to advertisers. New “troll tolls” will force content creators and others to pay discriminatory fees just to reach people online — and will require the rest of us to pony up for “premium” content. Does that sound Orwellian? That’s because it is. But this is no far-fetched scenario. It’s time for us to stand up and fight for our online rights. We need to tell the FCC to stop messing around. It’s time for the agency to fix its past mistakes — and establish strong net neutrality protections that are 100 percent loophole-free.
Paul Merrell

F.C.C. Backs Opening Net Rules for Debate - NYTimes.com - 0 views

  • On Thursday, the Federal Communications Commission voted 3-2 to open for public debate new rules meant to guarantee an open Internet. Before the plan becomes final, though, the chairman of the commission, Tom Wheeler, will need to convince his colleagues and an array of powerful lobbying groups that the plan follows the principle of net neutrality, the idea that all content running through the Internet’s pipes is treated equally.While the rules are meant to prevent Internet providers from knowingly slowing data, they would allow content providers to pay for a guaranteed fast lane of service. Some opponents of the plan, those considered net neutrality purists, argue that allowing some content to be sent along a fast lane would essentially discriminate against other content.
  • “We are dedicated to protecting and preserving an open Internet,” Mr. Wheeler said immediately before the commission vote. “What we’re dealing with today is a proposal, not a final rule. We are asking for specific comment on different approaches to accomplish the same goal, an open Internet.”
  • Mr. Wheeler argued on Thursday that the proposal did not allow a fast lane. But the proposed rules do not address the connection between an Internet service provider, which sells a connection to consumers, and the operators of backbone transport networks that connect various parts of the Internet’s central plumbing.That essentially means that as long as an Internet service provider like Comcast or Verizon does not slow the service that a consumer buys, the provider can give faster service to a company that pays to get its content to consumers unimpeded
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  • The plan will be open for comment for four months, beginning immediately.
  • The public will have until July 15 to submit initial comments on the proposal to the commission, and until Sept. 10 to file comments replying to the initial discussions.
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    I'll need to read the proposed rule, but this doesn't sound good. the FCC majority tries to spin this as options still being open, but I don't recall ever seeing formal regulations changed substantially from their proposed form. If their were to be substantial change, another proposal and comment period would be likely. The public cannot comment on what has not been proposed, so substantial departure from the proposal, absent a new proposal and comment period, would offend basic principles of public notice and comment rulemaking under the Administrative Procedures Act. The proverbial elephant in the room that the press hasn't picked up on yet is the fight that is going on behind the scenes in the Dept. of Justice. If the Anti-trust Division gets its way, DoJ's public comments on the proposed rule could blow this show out of the water. The ISPs are regulated utility monopolies in vast areas of the U.S. with market consolidation at or near the limits of what the anti-trust folk will tolerate. And leveraging one monopoly (service to subscribers) to impose another (fees for internet-based businesses to gain high speed access) is directly counter to the Sherman Act's section 2.   http://www.law.cornell.edu/uscode/text/15/2
Gonzalo San Gil, PhD.

Join the Battle for Net Neutrality - 0 views

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    "Congress is trying to sneak language into a budget bill that would take away the FCC's ability to enforce the net neutrality rules we worked hard to pass, undermining everything we did to protect the open Internet. Thousands of calls and emails will nip this in the bud - contact Congress now! "
Gonzalo San Gil, PhD.

Technology Open Internet Backers Stage 'Occupy FCC' | PopularResistance.Org - 1 views

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    "Resist! By Wilson Dizard, www.america.aljazeera.com May 8th, 2014 Internet libertarians calling for the equal treatment of all Internet data have camped out in front of the Federal Communications Commission (FCC) in Washington, D.C., saying they won't quit their Occupy-style protest until the regulator stands up for Net neutrality."
Paul Merrell

FCC 'very much' eyeing Web rules shakeup | TheHill - 0 views

  • The head of the Federal Communications Commission was quick to reassure lawmakers on Wednesday that his agency is seriously considering using the authority it has to regulate phone lines on Internet service providers.“Title II is very much on the table,” Chairman Tom Wheeler said during a House Small Business Committee hearing on Wednesday, referring to the section of the Communications Act that some have urged the agency to turn to for stronger rules.“I will assure you that Title II is very much a topic of conversation and on the table and something that’s we’ve specially asked for comment on,” he added.In its controversial proposal on net neutrality — the notion that Internet service companies like Comcast or Cox should be banned from slowing or block access to some websites — the agency specifically asked whether it should reclassify broadband Internet as a “telecommunications service” and open them up to Title II rules, instead of an “information service.”
  • The plan Wheeler proposed earlier this year would not rely on that authority, but would instead allow for companies to make “commercially reasonable” deals to speed up users’ service on a particular website. Critics have said that would lead to “fast lanes” on the Internet, with quicker speeds for wealthy companies and slower service everywhere else.Supporters of strong rules have told the FCC that the stronger legal backing is the best way to prevent companies from slowing users’ service or blocking their access to particular websites.Critics, however, have said that the rules were designed for telephone monopolies and would lead to utility-style regulation on the Internet. In their comments to the FCC, cable companies have said that reclassifying broadband service to use the tough rules would likely be a violation of the law, which could tie the new rules up in court for years to come.
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    Of course Comcast, et ilk don't want Title II regulation. "Hey, just because we've divvied up the turf so that we've got geographical monopolies doesn't mean we shouldn't be able to leverage our monopolies into new monopolies." But the big cable companies got where they are by buying up community-granted and regulated monopoly utility companies. As part of consolidating those markets, the soon-to-be-gnormous cable companies, lobbied to get community regulation weakened and here we are with the FCC, with the cable companies now acting as ISPs too, which is straightforward telecommunications provider service, and these guys want to be able to charge a premium to the big internet content companies for fast-service after their ISP customers have already paid for fast service? So they can slow down the competition for their own content services.  Heck, yes, FCC. No one forced Comcast and crew to become telecommunications providers. Make 'em live with telecommunications regulation like all the other telcos. They are government-created monopolies and they should be regulated as such.   
Paul Merrell

Vowing to Deliver High-Speed Broadband for All, Sanders Plan Would Enshrine Internet as... - 2 views

  • Vowing to take on the telecom giants that have monopolized the web for private profit, Sen. Bernie Sanders on Friday unveiled a $150 billion plan to make the internet a public utility, break up and tightly regulate corporate behemoths like Verizon and AT&T, and provide high-speed broadband for everyone in the United States.
  • It is outrageous that across the country millions of Americans and so many of our communities do not have access to affordable high-speed internet," Sanders, a 2020 Democratic presidential candidate, said in a statement. "Access to the internet is a necessity in today's economy, and it should be available for all." Sanders vowed that, if elected president in 2020, he will ensure that every American household has affordable and high-speed internet by the end of his first term.
  • Sanders' plan, posted on his website, would provide $150 billion in federal funding through the Green New Deal to help states and municipalities "build publicly owned and democratically controlled, co-operative, or open access broadband networks." The proposal also calls for: Reinstating the net neutrality protections that President Donald Trump's telecom-friendly FCC repealed in 2017; Using anti-trust laws to break up internet and cable monopolies; Ensuring that all public housing in the U.S. offers free broadband; Requiring all providers to "offer a Basic Internet Plan that provides quality broadband speeds at an affordable price"; and Guaranteeing that all new broadband infrastructure is "resilient to the effects of climate change" and "capable of managing high amounts of renewable energy."
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