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An Open Letter to the FCC

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Re: An Open Letter to the FCC

#21

Post by pm90 »

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.

Re: An Open Letter to the FCC

#22

Post by dawnerd »

bognition wrote: post #13
nerdponx wrote: post #11

Earlier quoted context omitted.

Can states regulate ISP activity within their states? Could the New York state legislature pass a law stating that ISPs who offer services in New York must provide net-neutral services?

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.

States could make life really hard for the companies. Impose taxes on those that are not neutral, make permitting difficult and even start up state run internet.

Re: An Open Letter to the FCC

#23

Post by creaghpatr »

ordinaryperson wrote: post #7

The revocation of the Net Neutrality rules became a foregone conclusion once Donald Trump was elected. The sad reality is there's not much we, Eric Schneidermann or anyone else can do about it. There are 5 FCC commissioners but only 3 may be of the same party. Ajit Pai, Brendan Carr and Michael O'Rielly are locks to vote in favor, so it will pass, 3-2. At this point the best thing people can do is prepare to vote in…

Per Trump exec order, he can't lobby for at least 2 years and most likely 5 depending on his tenure. So it's not a profitable move for him, taking this position.

Re: An Open Letter to the FCC

#24

Post by toomuchtodo »

bognition wrote: post #13
nerdponx wrote: post #11

Earlier quoted context omitted.

Can states regulate ISP activity within their states? Could the New York state legislature pass a law stating that ISPs who offer services in New York must provide net-neutral services?

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.

States should try and let the FCC slog through the courts to stop it.

Re: An Open Letter to the FCC

#25

Post by jjoonathan »

wmf wrote: post #6

Schneiderman is doing far more for net neutrality with his Spectrum lawsuit than the FCC has done (even pre-Pai, the FCC did nothing about peering extortion for example). But this stuff about fake comments seems to be nothing more than procedural bikeshedding since the FCC ignored all the comments anyway.

Normally I'd agree, under the premise that the party who manufactured the comments had the competence to hide/obfuscate their trail enough to make it not worth following. However, the FCC's position is striking: they're not even maintaining the pretense of caring. This suggests sloppy execution and makes me revisit my priors regarding assumed competence. I think Schneidermann is right to spend resources on this angle, even if the chances of success are far below 100%.

Re: An Open Letter to the FCC

#26

Post by dragonwriter »

pm90 wrote: post #18

Can Congress pass legislation to make net-neutrality something that the FCC cannot touch? If that's the case, it might be possible to pass such a law when(if) dems take over the House/Senate next year right?

> Can Congress pass legislation to make net-neutrality something that the FCC cannot touch?

Yes, if they have support of the President or a veto-proof supermajority in both houses.

> If that's the case, it might be possible to pass such a law when(if) dems take over the House/Senate next year right?

Unlikely, for the reasons stated above, though tying it to something the President isn't willing to veto might work. Or, I guess, if after taking both houses of Congress (and, critically, electing a new Speaker) they also impeach, convict, and remove the Vice President and President, and the Democratic Speaker succeeds to the Presidency, then it would be doable.

Re: An Open Letter to the FCC

#27

Post by dsl »

nerdponx wrote: post #11
epistasis wrote: post #5

It's been really interesting to see the interplay between State Attorneys General and the federal executive branch over the past decade. I don't know enough legal history to know if this contention is new or has always happened. But the contrast between what happened with regulation of carbon and coal is fairly striking. The federal judicial brach said that it had to be regulated in order to meet the laws that the le…

Can states regulate ISP activity within their states? Could the New York state legislature pass a law stating that ISPs who offer services in New York must provide net-neutral services?

The FCC can add what is called a "preemption clause" that effectively overrules states. The same sort of thing is used to prevent every city you drive though for having different insurance requirements for example.

http://dictionary.law.com/Default.aspx?selected=1575

Re: An Open Letter to the FCC

#28

Post by nxc18 »

How is refusing to participate in an identity theft investigation not obstruction of justice?

Surely Ajit & co travel to NY from time to time... why isn’t there an arrest warrant? Why are the states being so toothless in responding to rampant criminal behavior?

I’d like to see how I would fare if I participated in mass scale identity theft and refused to participate in the subsequent investigation.

Re: An Open Letter to the FCC

#29

Post by jjoonathan »

creaghpatr wrote: post #23
ordinaryperson wrote: post #7

The revocation of the Net Neutrality rules became a foregone conclusion once Donald Trump was elected. The sad reality is there's not much we, Eric Schneidermann or anyone else can do about it. There are 5 FCC commissioners but only 3 may be of the same party. Ajit Pai, Brendan Carr and Michael O'Rielly are locks to vote in favor, so it will pass, 3-2. At this point the best thing people can do is prepare to vote in…

Per Trump exec order, he can't lobby for at least 2 years and most likely 5 depending on his tenure. So it's not a profitable move for him, taking this position.

I remember hearing that the no-lobbying executive order was loopholed pretty badly. Does it actually apply here?

Re: An Open Letter to the FCC

#30

Post by swang »

creaghpatr wrote: post #16
0xB31B1B wrote: post #8

More and more we see state agencies standing up to regime change in Washington (ex: CA and environmental regulations). Regardless of your personal politics, I wonder how this dynamic will affect democracy in the US.

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.

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