[HN Gopher] The FCC voted to reimplement net neutrality. Now com...
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       The FCC voted to reimplement net neutrality. Now comes the hard
       part
        
       Author : cratermoon
       Score  : 55 points
       Date   : 2023-11-10 18:59 UTC (4 hours ago)
        
 (HTM) web link (www.nationaljournal.com)
 (TXT) w3m dump (www.nationaljournal.com)
        
       | W3cUYxYwmXb5c wrote:
       | Remember when people were manipulated into being absolutely
       | convinced that the internet as we knew it would be destroyed when
       | it was removed?
        
         | Spivak wrote:
         | Or ya know, you could just look at the violations that already
         | happened. Like were you not around for the bullshit Verizon
         | tethering plan? It was one of the reasons I rooted my phone.
         | 
         | https://www.freepress.net/blog/net-neutrality-violations-bri...
        
           | graphe wrote:
           | What about after it was repealed?
        
             | behringer wrote:
             | You mean like increased Netflix prices due to being charged
             | both for my Comcast service and my Comcast usage via
             | Netflix?
             | 
             | I'm still waiting for my better internet service too...
             | That never seemed to materialize after getting rid of net
             | neutrality.
        
               | edmundsauto wrote:
               | Wasn't the increased Netflix price because they realized
               | they weren't charging the maximum the market would bear?
        
               | scrps wrote:
               | Not sure at netflix scale if NN really affected them iirc
               | netflix does most everything on the edge, I doubt most of
               | your netflix traffic even left comcast's network other
               | than maybe auth data.
               | 
               | Not saying you are wrong about cost increases in general,
               | I think it probably had more of an impact on more up and
               | coming services who might not have the funds to ship out
               | a ton of edge servers.
        
             | danShumway wrote:
             | See https://www.theverge.com/2019/7/9/20687903/net-
             | neutrality-wa..., a mere year after the repeal.
             | 
             | But I think it's really silly to to look at an industry
             | with documented abuse in the absence of regulation and to
             | essentially ignore that and say "but what about the abuses
             | within this specific time period?"
             | 
             | We know that under current broadband rules absent Net
             | Neutrality, the abuses described above are legal. We've
             | seen companies engage in those abuses. To the extent that
             | the worst of that behavior is still illegal, it's only
             | because individual states like California have picked up
             | the fight, which broadband providers have fought fiercely
             | to prevent.
             | 
             | But there's no evidence that broadband providers wouldn't
             | repeat the same behaviors given the opportunity. Broadband
             | providers do engage in behavior today that would be in
             | violation of Net Neutrality rules, particularly around
             | video throttling and zero-rating. The ongoing fight over
             | Net Neutrality and increased customer attention might be
             | limiting that behavior, but if anything that's evidence
             | that increased scrutiny is _good_ for the market, not that
             | it 's unnecessary. Companies have in the absence of Net
             | Neutrality, taken advantage of the lack of regulations
             | about as much as was feasible for them to do so.
             | 
             | There's a weird pattern on HN I'm noticing where people are
             | holding a wild dog at bay with a stick, and other people
             | are standing behind them saying, "I thought you said if we
             | unleashed this dog it was going to maul us, you sure have
             | egg on your face. See, there's no reason to leash the dog."
        
         | booleandilemma wrote:
         | If net neutrality isn't the thing protecting Americans from
         | some kind of internet dystopia where data for each service is
         | treated and billed differently, then what is?
         | 
         | There must be some law preventing it, because knowing
         | companies, they'll do the basest things they can get away with,
         | and I'm sure they'd love to do this.
         | 
         | This is what I mean, from Indonesia:
         | https://www.traveltomtom.net/media/cached-resp-images/images...
        
           | wmf wrote:
           | ISPs want to make as much money as possible but there are
           | multiple ways to do that. Once ISPs discovered that "fast
           | lanes" and similar ideas are bad PR they moved on to peering
           | extortion. Unfortunately, activists haven't really adapted
           | and are still mostly talking about QoS and protocol blocking.
        
             | Buttons840 wrote:
             | Ads are bad PR, raising prices are bad PR, yet we see
             | plenty of both.
        
           | Spooky23 wrote:
           | They make money selling all sorts of stuff. Wireless was
           | never neutral, but tech and the marginal competitive
           | pressures kept it ok.
           | 
           | My Spectrum connection is 40% more expensive and 0% faster
           | than it was in 2013. My Wireless spend is 20% lower and 2-5x
           | faster.
           | 
           | Between the industry astroturfing and the splinterd advocacy,
           | "net neutrality" is almost as meaningless as "fake news".
        
             | falcrist wrote:
             | > Between the industry astroturfing and the splinterd
             | advocacy, "net neutrality" is almost as meaningless as
             | "fake news".
             | 
             | I have to disagree with this. There's a very clear meaning,
             | and the 2015 FCC rules for wired connections put it
             | succinctly.
             | 
             | No blocking or throttling of legal content, and no paid
             | prioritization.
             | 
             | The wikipedia article has more information, but
             | https://en.wikipedia.org/wiki/Net_neutrality
        
           | falcrist wrote:
           | > some kind of internet dystopia where data for each service
           | is treated and billed differently
           | 
           | I feel like this particular topic (while important) distracts
           | from a much more disturbing possibility: blocking or
           | throttling legal content for political purposes.
           | 
           | It has been pretty rare, but it's not unheard of. Given the
           | number of companies that can block your access to a given
           | site (DNS, ISP, backbone, webhost, etc), I think having
           | _some_ regulatory or statutory protections for online speech
           | is in order. Net Neutrality (in it 's 2015 FCC formulation
           | among others) is basically that.
        
         | scrps wrote:
         | I don't remember that at all but I do remember a time when
         | using politicians to deregulate industry so said industry can
         | rent-seek was called corporate welfare.
        
         | hansjorg wrote:
         | When it was removed, several states, stepped up and introduced
         | their own net neutrality laws.
         | 
         | E.g California with their Internet Consumer Protection and Net
         | Neutrality Act.
         | 
         | Some of the large telecoms are on record saying that this made
         | it not worth it to enact the changes they had planned.
         | 
         | WNYC On The Media had an episode on this recently.
        
         | Alupis wrote:
         | Or how you could ask 10 people what Net Neutrality meant and
         | get 12 different answers, none of which related to the proposed
         | policies?
        
         | pessimizer wrote:
         | The fact that people were warned of a probable outcome of
         | failing at net neutrality, making that outcome unbelievably
         | unpopular, is the reason we didn't have that outcome.
         | 
         | What you refer to as being "manipulated" is more neutrally
         | called campaigning and arguing one's case. I know the zeitgeist
         | is to make it seem like ideas we don't support are a form of
         | terrorism.
         | 
         | "Manipulated" is hiring temps to submit public comments to the
         | FCC.
        
         | digging wrote:
         | Awful take. Reads like Ajit Pai wrote it.
         | 
         | People were warning that without NN the internet as we knew it
         | could be destroyed. The fact that it wasn't immediately
         | destroyed doesn't make them wrong. It just means we didn't get
         | the worst possible outcome.
        
       | nicexe wrote:
       | Is the title the actual article? The only extra info in the page
       | is a semi-unrelated pic.
        
         | LoganDark wrote:
         | Looks like it's only available to members with an account, but
         | accounts can only be obtained via "contact us" (and probably a
         | very expensive subscription).
         | 
         | Here's an "unlocked" link (good until Nov 19th):
         | https://www.nationaljournal.com/s/723252/the-fcc-voted-to-re...
         | 
         | Snapshot:
         | https://web.archive.org/web/20231110203104/https://www.natio...
         | 
         | (I used the Wayback Machine because both archive.is and
         | archive.ph are endless captcha loops.)
        
           | leotravis10 wrote:
           | Sadly, I can't get past the "continue" button prompt.
        
             | LoganDark wrote:
             | There should be no need, you can just use uBlock to remove
             | the entire prompt, since it doesn't scroll-lock the page.
        
           | thedaly wrote:
           | Here is a backup of the unlocked link:
           | https://archive.is/hBf2Z
        
             | LoganDark wrote:
             | That's an endless cloudflare captcha loop, but ty
        
               | WarOnPrivacy wrote:
               | > That's an endless cloudflare captcha loop
               | 
               | Yeah. It's an ongoing issue (but not the old Cloudflare
               | one).
               | 
               | There are workarounds but they have to be put in place.
               | 
               | ref https://news.ycombinator.com/item?id=38171778
               | 
               | ref
               | https://news.ycombinator.com/item?id=38063548#38063580
        
       | leotravis10 wrote:
       | I feel that SCOTUS will have to put this Net Neutrality debate to
       | a end one way or another. Even if it's voted upon, expect
       | lawsuits and legal battles that eventually, the highest court
       | will have to get involved and we'll know if it's allowed to
       | stand, or closing the books on consumer protections for a
       | generation.
        
         | willis936 wrote:
         | That's not the SCOTUS' job.
         | 
         | The legislative branch sets these rules. The judiciary just
         | interprets them and makes sure the rule set is self consistent
         | (new rules don't break existing rules). The SCOTUS has no
         | business in drawing these lines.
        
           | jtbayly wrote:
           | Which branch of government is the FCC?
        
             | jasonjayr wrote:
             | Executive, with rule-making authority. (Rules that can be
             | changed by the legislative branch)
        
               | jtbayly wrote:
               | Precisely. Which is why it will end up being decided by
               | the courts. Because the legislative branch _hasn 't_
               | passed a law. The unelected, unaccountable committee that
               | changes at the whim of the president is not the place to
               | legislate. If you want to pass a law, pass a law.
        
               | WendyTheWillow wrote:
               | Unelected in a way, but their boss _is_ elected, and they
               | are absolutely accountable. There is no "whim" upon which
               | these rules change, there was however an election that
               | replaced their boss with someone else.
               | 
               | You either care about accountability and therefore laud
               | their changing position based on that accountability, or
               | you're just parroting a blind argument conservatives have
               | been making for a number of years now because you don't
               | like their most recent decision.
        
             | JDazzle wrote:
             | It's the Executive Branch, which is headed by PotUS
        
           | PaulDavisThe1st wrote:
           | SCOTUS has always played a role in determining whether or not
           | executive branch rules are in keeping with constitutional
           | understandings, at least since Marbury.
        
           | leotravis10 wrote:
           | In the previous chapter of this years long battle, a appeals
           | court ruled that the Pai-led FCC can kill Net Neutrality on
           | the federal level but allowed states to create their own
           | rules, something that the FCC wanted but failed to preempt
           | states's rules.
           | 
           | Also, the ISP lobby tried to kill California's state law but
           | was defeated three times. https://arstechnica.com/tech-
           | policy/2022/05/stung-by-3-court...
           | 
           | I expect the same battles to be fought when the FCC get the
           | final votes on it and like I said, the Supreme Court may have
           | to get involved to put an end to the back and fourth as ISPs
           | will try their hardest to get to the highest court.
        
           | paulddraper wrote:
           | The courts will rule on three things:
           | 
           | (1) Whether the legislature has given the FCC sufficient
           | regulatory authority for the policy. (See Comcast v FCC which
           | the FCC lost.)
           | 
           | (2) Whether the legislature or the FCC's actions comply with
           | the Constitution.
           | 
           | (3) Whether the FCC enforcement complies with their rules.
        
       | dbsmith83 wrote:
       | Remember during the public commentary about removing it, there
       | were millions of automated messages claiming to be pro-removal?
       | What ever happened with that? Did anyone ever get in trouble?
        
         | mikeyouse wrote:
         | Ajit Pai deemed the issue unimportant so they took no action
         | Federally and then voted to kill NN. Eric Schneiderman, New
         | York's AG, began an investigation since a bunch of the fake
         | comments used real people's information, so they had an
         | 'identity theft' nexus to state laws -- but Pai refused to aid
         | the investigation in any way:
         | 
         | https://www.theverge.com/2017/11/21/16686644/eric-schneiderm...
         | 
         | That's the problem with electing people who don't believe in
         | democracy or civil service, they have so many levers to use to
         | dismantle things including just straight obstruction. Echos of
         | the FEC's corruption, where several members tasked with
         | upholding election law have decided they're just not going to
         | do that, contrary to the professional staff who've indicated
         | that laws were likely broken:
         | 
         | https://www.fec.gov/files/legal/murs/7968/7968_14.pdf
        
         | skizm wrote:
         | https://www.insurancejournal.com/news/east/2023/05/11/720346...
        
       | thedaly wrote:
       | https://archive.is/hBf2Z
        
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       (page generated 2023-11-10 23:01 UTC)