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View Full Version : Wireless Net Neutrality: You Were Warned




Suzanimal
06-19-2016, 11:27 AM
Hundreds of people have been burrowing into this week’s D.C. District Court of Appeals 2-1 decision giving the Federal Communications Commission (FCC) everything it wanted and more in its campaign for net neutrality regulation, or conversion of the Internet into a public utility with FCC as overlord.

Entropy Economics’ Bret Swanson summed it up well:

The court upheld not only the FCC’s reclassification of broadband as a Title II telecom service (a switch from its previous designation as a lightly regulated Title I information service), it also allowed the FCC’s redefinition of the Internet itself, the sweeping of mobile broadband into Title II. (Emphasis in original.)

What’s most disappointing is how threats that warned of many years ago by many were exactly what came to pass, and now FCC will be spending all its time interfering at every level – the opposite of what’s needed to ensure investment and network proliferation. That means eventual score-settling against content and app providers who cheered FCC on, as they become subject to newfangled “neutrality” mandates that tomorrow’s creative regulators will dream up. (See my piece on “FCC's Net Neutrality Order To Ensnare Content And App Providers.”)

This matter will go to a full en banc hearing and/or the U.S. Supreme Court, but even a partial relaxation of FCC’s power grab (also pressed by President Obama; see “Barack Obama as FCC Chairman”) it will remain devastating. As with financial regulation, the Internet is being teed up to become an entity that FCC controls with ease, without legislation from Congress, without writing down any formal regulations at all, and perhaps even without writing anything. You’ll just ask permission before you move. On page 106 of the FCC’s 400-page regulatory order, the agency intones.

We conclude that use of advisory opinions similar to those issued by DOJ’s Antitrust Division is in the public interest and would advance the Commission’s goal of providing legal certainty. Although the Commission historically has not used advisory opinions to promote compliance with our rules, we conclude that they have the potential to serve as useful tools to provide clarity, guidance, and predictability concerning the open Internet rules. Advisory opinions will enable companies to seek guidance on the propriety of certain open Internet practices before implementing them, enabling them to be proactive about compliance and avoid enforcement actions later. (Emphasis added.)

...

https://cei.org/blog/wireless-net-neutrality-you-were-warned

timosman
06-19-2016, 11:53 AM
http://www.breitbart.com/california/2016/06/14/fcc-ruling-means-future-internet-depends-november/


by JOEL B. POLLAK, 14 Jun 2016

On Tuesday, the D.C. Circuit Court of Appeals handed down a 2-1 decision upholding the 2015 Federal Communications Commission (FCC) decision to impose “Net Neutrality” on Internet service providers, treating the Internet like a public utility.
The controversial policy was enacted last year, much to the delight of Google, of left-wing activists in Silicon Valley, and of their White House allies. It was a reversal of FCC chair Tom Wheeler’s stance, and was carried out with little transparency.

However, few of the activists could explain why Net Neutrality — which prevents providers from charging differential rates for differential bandwidth use — is necessary, beyond vague notions of “equality.” The same tech entrepreneurs who decried government regulation of free speech, and organized opposition to the Stop Online Privacy Act (SOPA), seemed to have no problem with the government regulating the Internet itself. Their attempts to defend the policy often proved embarrassing. And in the months since the policy was enacted, investment in broadband has dropped, along with Silicon Valley job growth.

Congress never authorized the FCC to regulate the Internet, and expressed its opposition to such regulation, but the FCC went ahead anyway, using old legislation, such as the Communications Act of 1934, which had been passed to regulate telephone monopolies.

Two liberal judges on the D.C. Circuit ruled that the FCC had the authority to do so; the dissenting conservative judge allowed that the FCC had the authority, but defied its own rules in doing so, particularly in proving a basis for the change, pointing out that the FCC had relied on laws designed to decrease regulation in order to increase it.

The issue will now pass to the Supreme Court. It is a reminder that the future of the Internet depends on the November election, for three reasons: 1. The next president will appoint the ninth member of the Court, and probably more; 2. the next president will either help Congress repeal Net Neutrality, or resist; 3. The next president will either give up American control of domain names, or keep it.

Petitioner Daniel Berninger, who had appealed the case to the D.C. Circuit, warned that Tuesday’s decision could have dire consequences for entrepreneurship. “Today’s decision is a huge step backward for the continued evolution of the internet that consumers enjoy today … This convoluted legal opinion ignores the reality that the internet prospered for 20 years without FCC policy intrusions. The rules upheld today essentially render new innovations for consumers and businesses that otherwise could have come to market dead on arrival.”

It may take the Supreme Court — or the voters — to intervene.

luctor-et-emergo
06-19-2016, 12:21 PM
The internet will at some point become just as the roads. Filled with government mandated/caused potholes, speed limits and cops that enforce bullshit rules.

Movement, whether it's people, stuff or information, the government doesn't like it. Unless it can be taxed. Of course.

Zippyjuan
06-19-2016, 03:22 PM
The internet will at some point become just as the roads. Filled with government mandated/caused potholes, speed limits and cops that enforce bull$#@! rules.

Movement, whether it's people, stuff or information, the government doesn't like it. Unless it can be taxed. Of course.

Net neutrality is supposed to be against speed and access limits. Otherwise an internet provider can restrict your access to certain sites like this one if they choose to if there are no rules.

luctor-et-emergo
06-19-2016, 03:34 PM
Net neutrality is supposed to be against speed and access limits. Otherwise an internet provider can restrict your access to certain sites like this one if they choose to.

Supposed is the right word I guess.

timosman
06-19-2016, 03:45 PM
Supposed is the right word I guess.

Plus it only applies to "legal" traffic. Now somebody needs to decide which traffic is legal and which is not.

presence
06-19-2016, 04:54 PM
soon

+ openlibernet ISP
+ namecoin DNS
+ bloq ora Smart Contracts

=========================
= peer to peer uncensored unregulated mesh network internet for all

with no centralized domain registry,
no centralized service providers,
all encouraged by individual rewards for "mining" peer bandwidth

its coming