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An Open Letter to the FCC

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Re: An Open Letter to the FCC

#61

Post by sdenton4 »

otp124 wrote: post #33
bognition wrote: post #13

Earlier quoted context omitted.

They could try but the FCC would almost certainly contest that the states do not have the right to pass such laws. Additionally there is nothing stopping the FCC from passing rules forbidding states from regulating net neutrality.

Could you explain how the FCC has superiority here? Doesn’t the constitution allow states to set local laws for things that aren’t expressly dictated in the constitution? Please forgive my limited legal knowledge.

The Constitution gives the federal government the ability to regulate interstate commerce, which, effectively, means almost everything.

Taxing the hell out of non neutral ISPs at the state level may be viable, though? IANAL... It may be a case where a successful state level action in (say) New York and California covers enough people that national ISPs won't want to build a whole second system for all the other states; this is how many California environmental protection laws become de facto national.

Re: An Open Letter to the FCC

#62

Post by howard941 »

otp124 wrote: post #33
bognition wrote: post #13

Earlier quoted context omitted.

They could try but the FCC would almost certainly contest that the states do not have the right to pass such laws. Additionally there is nothing stopping the FCC from passing rules forbidding states from regulating net neutrality.

Could you explain how the FCC has superiority here? Doesn’t the constitution allow states to set local laws for things that aren’t expressly dictated in the constitution? Please forgive my limited legal knowledge.

The FCC is superior because it involves interstate commerce. Whether a local law can survive alongside a federal law depends on whether there's undue conflict, and conflict is determined by whether the local law intolerably intrudes on the federal law's scheme. Intolerable intrusion isn't the actual term of art but it may not matter because fed/state conflict doctrine is a big bowl of mush.

Re: An Open Letter to the FCC

#63

Post by kadenshep »

creaghpatr wrote: post #58
kadenshep wrote: post #54

Earlier quoted context omitted.

>Democrats were vehemently opposed to states authority No they weren't. This is a total lie. I'd call it a mis-characterization but it's been beaten down so much that you have to be purposefully lying at this point to keep repeating it.

Is that your argument?

I don't know why you'd call it an argument. It's a statement referencing a matter of fact. It's a lie.

Re: An Open Letter to the FCC

#64

Post by revmoo »

pm90 wrote: post #21
sigmar wrote: post #4

Do others read this as an indication AG Schneidermann is getting ready to sue the FCC to get info on the fake comments?

I hope he does. It seems really shady. Impersonating citizens is probably a criminal offense, and the agency/person responsible for doing so could be charged with that crime. Now, if it was foreign actors though, I don't think much can be done. Maybe Congress could enact more sanctions. But if it was a domestic operation, carried out by one of the big telecos... wow this will be huge.

Likely it was a private "mercenary" consulting firm behind the activities, paid out by telcos.

Re: An Open Letter to the FCC

#65

Post by monkseal »

This letter has nothing to do with the substance of the regulations. It amounts to finger pointing about "illegal conduct". Probably the next thing, we will hear the Russians are behind all of this...

Why can't the FTC regulate or prosecute monoplies, which is its job, instead a bunch arbitrary rules by the FCC?

Re: An Open Letter to the FCC

#67

Post by creaghpatr »

swang wrote: post #30
creaghpatr wrote: post #16

Earlier quoted context omitted.

Well up until election 2016, Democrats were vehemently opposed to states authority, and concentrated far more power in Washington during the Obama administration. It's nice to see them coming around.

(not) surprisingly, republicans have all but disappeared from that chat. at the federal level, both parties only care about state rights when it suits them.

Gun laws, abortion, the trans bathroom thing in NC...all recent issues that the GOP sided on states rights vs. federal regs

On healthcare policy in particular the state specific policies continue to be enforced by the GOP. These aren’t positions I agree with btw I’m just pointing out recent examples.

I think it’s fair to say Democrats would rather have centralized healthcare, gun laws, lgbt policies, and abortion access, rather than leaving it to the states to decide.

Re: An Open Letter to the FCC

#68

Post by i_cant_speel »

creaghpatr wrote: post #42
criddell wrote: post #35

Earlier quoted context omitted.

If I were a betting man, I would absolutely bet that he works in the telecom industry after his stint at the FCC. He might not work as a lobbyist, but there are a lot more jobs than that open for a person with his knowledge and contacts.

Sure, and why shouldn't he?

There's nothing inherently wrong with working at a telco after his tenure. What's wrong is he is making decisions at the expense of the American people to secure that position.

Re: An Open Letter to the FCC

#69

Post by hysan »

I'm one of the people who has had part of their identity used to submit false comments. Found out when a journalist emailed me asking me to do a survey and some additional comments months ago. I proceeded to sign up for an API key[1] to confirm what was being claimed and turns out, it was true. The API is a bit limited, but I was also able to do searches using the falsely submitted comment to find others like it as well as what looked like a lot of fake submissions.

I already contacted all of my representatives to investigate this, but with the approaching FCC vote and now this AG Open Letter, I fear that nothing will happen until it's too late. What is a citizen to do when they try to do everything in their power and play by the rules - vote, submit comments, call representatives, contact press for help, and repeat - results in nothing?

The FCC has effectively ignored the rules and stalled their way to victory. I'm not even sure how to describe our government anymore...

[1] https://www.fcc.gov/ecfs/public-api-docs.html

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