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FCC ignored your net neutrality comment unless you made ‘serious’ legal argument

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21–30 of 53 posts

Re: FCC ignored your net neutrality comment unless you made ‘serious’ legal argument

#21
post #14

Current FCC plans run afoul of anti-trust law since they would allow monopolistic ISPs who own the physical network and services like video, to harm competitors (which provide over the top services that have to go through the above physical network) by using data caps, interconnection blocking and other anti-competitive approaches. How is that not a serious legal argument?

One answer might be that it's a serious legal argument not under the FCC's purview . FCC has an interest in keeping communications media from discriminating, but anti-competitive behavior and many other aspects of what we think of as net neutrality fall under FTC instead. It was always a bit of a stretch for FCC to be taking the lead on this. It might even be better to let FTC lead on this, because they have authorit…

Can you show an instance where the FTC has actually done this in practice? Currently, Joseph Simons, a long-time corporate anti-trust lawyer heads the FTC. We can expect a light touch from them for the time being. Removing a protection that has been respected either formally or informally since the inception or Arpanet would radically change the face of the internet regardless of how you slice it. An ounce of prevention is worth a pound of cure. Preventing misbehavior by regulating the industry saves both time and energy on the parts of consumers as well as corporations.

Re: FCC ignored your net neutrality comment unless you made ‘serious’ legal argument

#22
post #14

Current FCC plans run afoul of anti-trust law since they would allow monopolistic ISPs who own the physical network and services like video, to harm competitors (which provide over the top services that have to go through the above physical network) by using data caps, interconnection blocking and other anti-competitive approaches. How is that not a serious legal argument?

The FCC says that they will allow the FTC to crack down on any anti-competitive practices. Now we need to hold them to that.

Re: FCC ignored your net neutrality comment unless you made ‘serious’ legal argument

#23

According to the article, the FCC received 22 million comments. If they spent a modest 2 minutes per comment - that would be 83 man years of time to process the comments. They obviously need to filter it down. For a system with no meaningful requirements to comment or even proof of uniqueness, quantity says absolutely nothing and fraud is a given. Even if we were able to prove uniqueness -- how should informal intern…

It would be fewer than 22 million considering that a majority of those comments were duplicates from bots using citizen names from one of the many identity leaks.

Re: FCC ignored your net neutrality comment unless you made ‘serious’ legal argument

#24
post #14

Current FCC plans run afoul of anti-trust law since they would allow monopolistic ISPs who own the physical network and services like video, to harm competitors (which provide over the top services that have to go through the above physical network) by using data caps, interconnection blocking and other anti-competitive approaches. How is that not a serious legal argument?

One answer might be that it's a serious legal argument not under the FCC's purview . FCC has an interest in keeping communications media from discriminating, but anti-competitive behavior and many other aspects of what we think of as net neutrality fall under FTC instead. It was always a bit of a stretch for FCC to be taking the lead on this. It might even be better to let FTC lead on this, because they have authorit…

The problem with FTC is that they have an awful track record of handling such issues. FCC's NN rules while being incomplete actually managed to fix real abuse such as interconnection slowdown by Verizon and others.

Pushing it to FTC would simply let this whole thing rot away, while following a formality. The problem of course is simply the fact that whole anti-trust regulation in US is messed up.

Re: FCC ignored your net neutrality comment unless you made ‘serious’ legal argument

#25
post #17

To me it is a utility argument: A wealthier household would receive "premium filtered water" through the plumbing while other homes that are paying the standard rate would be given filthy and untreated water through their plumbing. Does the water utility violate a law practicing this way? Because if it does, the same is true of Abolishing Net Neutrality.

It's actually worse than that. Cities have different water districts and often wealthier areas will receive better water than no-wealth areas. Instead of different prices, everyone pays the same but gets a different product.

The same is generally true for police, fire, and emergency services ("911 is a joke in your town").

Re: FCC ignored your net neutrality comment unless you made ‘serious’ legal argument

#26
post #22
post #14

Current FCC plans run afoul of anti-trust law since they would allow monopolistic ISPs who own the physical network and services like video, to harm competitors (which provide over the top services that have to go through the above physical network) by using data caps, interconnection blocking and other anti-competitive approaches. How is that not a serious legal argument?

The FCC says that they will allow the FTC to crack down on any anti-competitive practices. Now we need to hold them to that.

That's their sneaky excuse for "nothing will be done to handle that, prepare for monopolistic dystopia, folks".

Re: FCC ignored your net neutrality comment unless you made ‘serious’ legal argument

#28
post #9

This isn’t a surprise: comments are meant to ensure that rule-making agencies consider relevant information before making a final decision; they aren’t an opinion poll. See the Administrative Procedure Act, 5 U.S.C. § 553(c): After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments with or w…

Are you suggesting that only legal arguments or facts are relevant?

So an actual analysis (which would necessarily include predictions that are not certain) of the impact of a decision is irrelevant?

Re: FCC ignored your net neutrality comment unless you made ‘serious’ legal argument

#29
Every ISP is now legally liable for every posting made by their users. Including the White House ISP Trump uses to tweet from. So anything abusive, insulting, threatening, etc - they are legally liable for it. They are no longer common carriers like phone companies. If they transmit pornography to a minor, they are legally liable for it, not the site which hosts it. The loss of common carrier status can, and absolutely should, bring these companies to their knees.

Bust out the class action lawsuits.

Re: FCC ignored your net neutrality comment unless you made ‘serious’ legal argument

#30

Every ISP is now legally liable for every posting made by their users. Including the White House ISP Trump uses to tweet from. So anything abusive, insulting, threatening, etc - they are legally liable for it. They are no longer common carriers like phone companies. If they transmit pornography to a minor, they are legally liable for it, not the site which hosts it. The loss of common carrier status can, and absolute…

Can you provide a source for this claim?
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