House tells FCC to drop net neutrality
boston.com
boston.com
Here is what EFF says:
"We’re wholly in favor of net neutrality in practice, but a finding of ancillary jurisdiction here would give the FCC pretty much boundless authority to regulate the Internet for whatever it sees fit. And that kind of unrestrained authority makes us nervous about follow-on initiatives like broadcast flags and indecency campaigns. In general, we think arguments that regulating the Internet is 'ancillary' to some other regulatory authority that the FCC has been granted just don’t have sufficient limitations to stop bad FCC behavior in the future and create the 'Trojan horse' risk we have long warned about." (https://www.eff.org/deeplinks/2011/02/part-i-fcc-ancillary-a...)
I have chimed in on this in a previous HN thread:
"The FCC is way out of its league on this one. Basically, it is a creature of statute. It can do whatever Congress has authorized it to and no more. Nothing in its authorizing statute expressly permits it to impose the rules now known as net neutrality. Therefore, it sought to justify its ability to do so under the doctrine of so-called 'ancillary jurisdiction,' meaning that it had an implied power to do so in aid of its expressly granted powers. Unfortunately, a definitive federal appeals court ruling held that no such ancillary jurisdiction existed, leaving the matter for Congress to decide. Rather than deferring to Congress, the FCC chose to adopt a new rationale for its assertion of this authority. Congress overwhelmingly balked at the idea of any broad assertion of such authority and, in the back and forth, the FCC came up with the toe-in-the water approach just adopted to the satisfaction of almost no one. Even this assertion of jurisdiction will certainly be challenged in the courts in cases that will take years to decide, leaving this whole issue in a pathetic state of uncertainty for all concerned. Nothing good will come of this except for lots of employment for the lawyers who will be litigating whether this or that action is 'reasonable' and whether the internet is really like a public utility or not. All in all, a royal mess." (http://news.ycombinator.com/item?id=2033261)
A short-hand way of summing up the issue: do you want, in the name of a short-term goal such as net neutrality, to cede to unaccountable government regulators a broad, unchecked power to control what happens on the internet? I think this should give pause to all of us, no matter what we think of the net-neutrality issue.
As you said, the FCC can only do what Congress has authorized it to do, so we're not in any real danger of the FCC having a "broad, unchecked power to control what happens on the internet". What we are in danger of is having a Congress that kills net neutrality, period.
Edit: Not that I care about karma, but I'm curious as to why I'm being downvoted. I'm not disagreeing with grellas' point.
The point Grellas is making is that if we let the FCC slide on net neutrality by accepting their arguments of ancillary jurisdiction and implied authority over the internet, then it would give the FCC free reign to do whatever they wanted with the internet unless Congress came in and expressly forbade or altered their authority. Right now, we have the opposite situation, where the FCC is not allowed to exercise authority over the internet without an express dispensation from Congress allowing them to do so.
The latter is better because it's much easier to hold elected representatives accountable than it is to hold appointed bureaucrats accountable. If Congress gives the FCC authority to regulate the internet that way, they can use the FCC as a proxy for all their unpopular regulatory actions and redirect the flak.
When I said we're not in any real danger of the FCC having a "broad, unchecked power to control what happens on the internet," my point was that irrespective of whether Congress denies the FCC this authority right now, it always has the power to do so. And though it's irrelevant to my point, if the courts had upheld the ancillary jurisdiction rationale, Congress could always strike that down, too. This situation isn't like the executive branch jockeying with the legislative branch for power: the FCC is not a peer of Congress.
It's disingenuous to say the FCC is claiming any authority they don't have under the law.
Just wondering about this. If you think a popularly elected government is "unaccountable", can you give an example of something that is accountable?
Switzerland referendum system would be my example of accountable government.
I can see how this has the potential to entrench existing players but subjectively the effect seems weak at best and does not figure too much in people's purchasing decisions. Personally, I would prefer more general solutions to the problem of "corporate cliques" gaining oligopoly powers. Restrictions on cross-media ownership would seem to be the weapon of choice.
What if, instead of regulating what ISPs can do with their network, there were a movement (read, "lawsuits") (using some new or perhaps just existing law) to stop anything past some previously normal level of traffic management from being called "internet service". So a teleco could give preference to their own, or affiliate, traffic, but that could not be referred to by them, or sold to customers, as "the internet". The position here is this: the term "the internet" has come to mean, through intent and common use, something that does not include, by definition, those kind of practices. Thus, selling a package with those practices and calling it internet service is deceit.
If I sold a "car" to someone and, when they went to pick up their new car, they found what anyone besides my team of salesmen would call a golf cart, that wouldn't be legal. Same idea.
I'm sure I'm being naïve, how?
It's not "Internet access" if it doesn't allow me to access resources on the Internet at my leisure and at the "broadband" speed advertised. (OK, I know that my 6Mbps connection doesn't get me 6Mbps all the way from Netflix, but you can see my point.)
Net neutrality strikes me as one of those cases where those who are aware of the stakes have to adopt a paternalistic attitude toward consumer protection.
http://monogatari.doukut.su/2011/04/openness-and-reputation....
Mark my words: Any net neutrality bill will benefit the existing carriers, and stifle telecom startups.
How would a new startup survive and scale by any change in rules? The market would still serve the incumbents more than the startups - since their scale would make them stronger bets.
I'm curious to know what type of regulation would help circumvent the high startup cost and create genuine competition.
Edit: I am genuinely interested to know what regulation the original poster had in mind, or any other regulation that would help achieve his stated goal.
So what regulations would you remove?
Loss of net neutrality will hurt small players in the web space(imagine a startup competitor to Netflix which can't afford deals with so many ISPs).
The next wave of connectivity providers hopefully will not depend on rights of way. If you want to talk about things the government should do to balance out Internet access, let's reevaluate how we're handling the RF spectrum.
New entrants in the telecom market are considerably disadvantaged by comparison. Consumers in this market make long-term purchasing decisions, often driven by contract pricing,and there remain no good, well known ways of comparing providers. The situation is even worse if you're a new wireless carrier, since coverage is crucial and the market is pointlessly segmented by phone tech.
I'm not saying we couldn't benefit from deregulation in some aspects of this market, but the devil is very much in the details, and simply pointing out that "deregulation" helped improve a market with high capital requirements for entry isn't saying much.
While this is capital intensive, they're trying to accomplish something that no private carriers seem to have interest in.
I don't have anything specific in mind regulation wise. I have no agenda, merely that net neutrality is trying to cure a symptom not a cause.
Why or how?
What on earth is wrong with the FCC stating that no company can give precedence to any specific source/destination's traffic over another source/destination's traffic ? All it does is codify the basic principle that the Internet was founded on, and the same principle that allowed it to become what it is today. More importantly, it doesn't involve any changes for any company unless they're already breaking the rule, in which case isn't it a good thing that we make them stop doing so ?
I don't particularly support this regulation (I'm not totally against it, either). Many other things, I do think we should regulate.
What's wrong here is that I think it's too early in the connectivity industry to say that the incumbents we have now are so powerful that we should freeze them into place with regulations. And even if it isn't, it's not the place of an unelected and unaccountable FCC commissioner to pass a law that couldn't get passed through Congress, where the Constitution says new laws should come from.
Every time you say the FCC should be able to make up a new rule, you're in effect saying that the executive branch should be able to make rules there by fiat. I don't recall any us being so psyched about that prospect when Cheney was President.
As for the rest, it's nothing more than a reflection upon the sorry state of affairs in Congress that we cannot get a law passed that re-affirms one of the fundamental principles that established the Internet, especially when it is clear that the major players in regional markets are already trying to prioritize traffic for their own content. My issue with your post was that it seemed to be offering another excuse for inaction, and the problem with our Congress is not that it does too much, but rather that it does too little.
People who are effective in politics, participate in it.
Is consumer internet really a free market? To my knowledge, most of the Bay Area only has a choice between Comcast and AT&T. If you only have 2 or 3 companies competing, it's relatively easy for them all to decide independently that traffic shaping is in their own best interest, which leaves the consumer with no real choice.
"Mr. Congresscritter, where is the free market alternative to ISP One in Somecity, seeing as ISP One bought up all its competitors?"
Is there a free-market for spectrum?
In both cases, no. There are very heavily regulated markets. So if they benefit from very heavy regulation, and they do, then they should be subject to some regulation as well.
What about Unwired, Cruzio, and Sonic?
If there were truly only 2 companies that provided internet in the Bay Area (this would be extremely surprising to me), collusion might be possible.
With 3, you now have a nice unstable equilibrium in game theory terms.
But what do you want to bet there are even more, and you've only heard about the name brand ones?
We haven't considered wireless broadband providers. How many of those are there?
Okay, so maybe the Bay Area's okay, but what about the rest of America? Turns out that, according to the FCC's own data, 98% of zipcodes have 2 or more landline providers, and 88% of zipcodes have 4 or more. Again, this is not counting 3g or 4g.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-292191...
The point of a sausage factory is to make sausage, disgusting or not. "sausage factory" is a reference to how it is made, independent of if it's delicious or not. See Upton Sinclair's The Jungle. I apologize if I offended sausage. Sausage, and the people who make it and eat it, will have to come to terms with the fact that it is not filet mignon.
Do government workers and public servants, who have a view from the inside, think that it looks like a functioning government? Because from the outside, according to the past entries on this thread, it doesn't.
Further, Congress has a legitimate gripe here. We don't elect FCC commissioners. They're appointed. We should be particularly concerned about them overstepping their bounds. Which a reasonable case can be made for here.
I'm not sure I see what your comment adds to the discussion, other than "the duly elected Republican congress is doing something I disagree with!".
We are indeed in a situation where many companies have invested in their own infrastructure and maybe that requires consideration. I'm absolutely certain that jimktrains2 has a point: the U.S. taxpayers coughed up tremendous amounts of money to invest in infrastructure which makes those lines ours. (Sure, 'legally' AT&T et al own title and deed, but you and I still provided the money.)
Ultimately the point is that it's time to classify access to the Internet as a utility and regulate it as such: separating ownership from operation, mandatory line sharing, various and sundry other mechanisms to make sure the consumer has choice amongst competitors. Then we can say net neutrality is not needed.
This Internet stuff is not really a voting issue for me (health care and education are the big things that make me a Dem and not a Lib), but the candidate that tells me he wants to turn AT&T into Commonwealth Edison has secured a donation from me to his opponent.
Be careful what you wish for.
Care to elaborate? Regarding electric co. service, mine has been reliable (far more than my cable internet service). Regarding customer service and price, can't really complain about these either and I've had a fair amount of experience on both a commercial and personal level.
Full Disclosure: Personally, I'm an advocate of regulations that would treat the net more like a utility. By diminishing the profit motive for maintaining the infrastructure, I believe that we can better ensure equal access and adequate service quality (e.g. South Korea: http://articles.cnn.com/2010-03-31/tech/broadband.south.kore...).
I think the ideal solution would be an act specifically about net neutrality - but where existing laws allow net neutrality to be regulated, I think that using those measures in the interim is not necessarily a bad thing.
Prosecuting companies that aren't using net neutrality in the interim might be more of an FTC role than an FCC role in terms of current US government structures - especially if they can get a court to agree that non-net neutrality violates one of the anti-trust or consumer protection laws.
Regarding rules that could unintentionally retard progress - that's not necessarily a bad thing. In the same sense, the FDA retards progress of the pharmaceutical industry. We should be able to decide that some things are harmful enough to individuals and their rights that companies shouldn't be allowed to compete on them, at least beyond a certain level. At the very least, they should be required to make those things as visible to consumers as price, because consumers can only vote with their wallets on things they're aware of.
The EFF is right about this. Whether you like net neutrality or not, you should hope the GOP wins this one. I don't want to imagine what stupid shit President Romney could come up with for the FCC to do to the Internet.
Consider the current state in Australia: you have ISPs that charge you based on GB of bandwidth used per month. For example, lets say your ISP signs a deal with Hulu so that traffic from them is free for you. Most people would probably not give any consideration to competing services because they will have to pay for bandwidth while using them. This is a huge advantage to already established online tv services that have resources to make these kinds of offers with ISPs. Meanwhile, new services that can't afford them get ignored by users despite perhaps having better feature sets.
There are 307 million people in the United States. That the three million? people of in the original colonies managed to agree on a system of government that scaled this far and this well over so many diverse interests and conflicting worldviews is astonishing.
(I'm not criticizing you).
From this time last year:
http://thehill.com/homenews/house/83059-senate-sitting-on-29...
Maybe the sky isn't really falling?
“We look forward to forever prohibiting the overreach of the Federal Communications Commission,’’ Blackburn said.
Every time people make these conspiracy-theoretic comments about how "Homeland Security" is doing antipiracy raids, they betray either a lack of understanding of how their government is actually structured, or an easygoing willingness to buy into Internet drama, or both. At least, that's what it looks like to me.
Correct me if I'm wrong, but it sounds like advocates of net neutrality want low income people to have that choice.
(note words above are not mine)
Not just the net, everything from roads, education, healthcare, prisons is going to become radically privatized.