U.S. appeals court kills net neutrality
Source: BGR.com
Any semblance of net neutrality in the United States is as good as dead. The United States Court of Appeals for the District of Columbia on Tuesday struck down the Federal Communications Commissions 2010 order that imposed network neutrality regulations on wireline broadband services. The ruling is a major victory for telecom and cable companies who have fought all net neutrality restrictions vociferously for years.
The original FCC order said that wireline ISPs shall not block lawful content, applications, services or non-harmful devices, subject to reasonable network management while also mandating that ISPs shall not unreasonably discriminate in transmitting lawful traffic over a consumers broadband Internet access service.
In its ruling against the FCCs rules, the court said that such restrictions are not needed in part because consumers have a choice in which ISP they use.
Without broadband provider market power, consumers, of course, have options, the court writes. They can go to another broadband provider if they want to reach particular edge providers or if their connections to particular edge providers have been degraded.
Developing
Read more: http://news.yahoo.com/u-appeals-court-kills-net-neutrality-152413671.html
Everyone loses. Except for the telecoms.
Locrian
(4,522 posts)Comcast or ATT (for me). Some choice.
proReality
(1,628 posts)Cable ends 2 miles down the road from me, so I'm stuck with AT&T as my only option.
Miles Archer
(18,837 posts)Never again, unless I had NO other option.
marsis
(301 posts)I have one choice or dial-up, period. After reading about court cases such as this one it makes me wonder if any of the judges all the way up to the Supreme Court ever step foot in our world.
Like the Citizens United ruling, where the hell do they get their information? It's rarely founded on our reality.
RKP5637
(67,108 posts)goes on in the majority of this country.
billhicks76
(5,082 posts)There is no choice. The Telecoms need to be broken up under anti-trust laws. And to think tax dollars helped build their infrastructure and now they are against the people. They are worse than the airlines.
Kablooie
(18,634 posts)amerciti001
(158 posts)view this link about going to another ISP to realize that it doesn't matter which ISP you use, you're screwed
I wonder whom his(or her) ISP is...
BlueCaliDem
(15,438 posts)blkmusclmachine
(16,149 posts)BlueCaliDem
(15,438 posts)I don't like what the writing on the wall is reading: fascism.
Sgent
(5,857 posts)Since when is it a courts position to second guess regulators? The can look for abuse of discretion or inability to find a rational basis, but this is major overreaching.
pangaia
(24,324 posts)What a joke!! On us.
Or, as the Teabaggers would say We The People.. :> )
dixiegrrrrl
(60,010 posts)About 2 nano-seconds after corporate shills were added to the courts.
djean111
(14,255 posts)I was hoping for a better argument than this, Andy Schwartzman, a media attorney who supports the rules, said in an interview. It doesn't look good for the commission.
A ruling striking down the anti-discrimination rule would be a blow to the Obama administration, as well as to companies like Google, Facebook and Netflix, who could begin having to pay Internet providers for priority access to users.
Helgi Walker, the attorney representing Verizon, told the judges that Verizon will consider charging certain Web companies for faster service if the rules are overturned. The decision could result in a multitiered Internet where users are able to access certain sites at faster speeds than others.
Efilroft Sul
(3,579 posts)Only $150.00 per month for unlimited bandwidth for streaming and gaming, plus access to the sites you want.
Yeah, it's sarcasm, but it's probably in the works at Verizon.
Plucketeer
(12,882 posts)We (the citizens of this once great nation) can find solace in knowing that WE own the airwaves. We have NO power over them, but we own them!
Dash87
(3,220 posts)"Don't like it? Go to our competitor! Hahaha, just kidding losers! Maybe Santa Claus will help - he's real too!"
RKP5637
(67,108 posts)niyad
(113,303 posts)xocet
(3,871 posts)To answer your question, they were appointed by Clinton, Clinton and Reagan, respectively - I too wondered:
From page 3 of the opinion
...
Before: ROGERS and TATEL, Circuit Judges, and
SILBERMAN, Senior Circuit Judge
...
www.cadc.uscourts.gov/internet/opinions.nsf/3AF8B4D938CDEEA685257C6000532062/$file/11-1355-1474943.pdf
Here are links to the judicial biographies of these judges:
Born 1939 in New York, NY
Federal Judicial Service:
Judge, U.S. Court of Appeals for the District of Columbia Circuit
Nominated by William J. Clinton on November 17, 1993, to a seat vacated by Clarence Thomas. Confirmed by the Senate on March 10, 1994, and received commission on March 11, 1994.
http://www.fjc.gov/servlet/nGetInfo?jid=2041&cid=999&ctype=na&instate=na
Born 1942 in Washington, DC
Federal Judicial Service:
Judge, U.S. Court of Appeals for the District of Columbia Circuit
Nominated by William J. Clinton on June 20, 1994, to a seat vacated by Ruth Bader Ginsburg. Confirmed by the Senate on October 6, 1994, and received commission on October 7, 1994.
http://www.fjc.gov/servlet/nGetInfo?jid=2341&cid=999&ctype=na&instate=na
Born 1935 in York, PA
Federal Judicial Service:
Judge, U.S. Court of Appeals for the District of Columbia Circuit
Nominated by Ronald Reagan on September 11, 1985, to a new seat authorized by 98 Stat. 333. Confirmed by the Senate on October 25, 1985, and received commission on October 28, 1985. Assumed senior status on November 1, 2000.
http://www.fjc.gov/servlet/nGetInfo?jid=2189&cid=999&ctype=na&instate=na
I am not qualified to analyze the opinion, but these seem to be the relevant parts:
On page 63 of the opinion:
For the forgoing reasons, although we reject Verizons challenge to the Open Internet Orders disclosure rules, we vacate both the anti-discrimination and the anti-blocking rules. See Northern Air Cargo v. U.S. Postal Service, 674 F.3d 852, 86061 (D.C. Cir. 2012) (appropriateness of vacatur dependent on whether (1) the agencys decision is so deficient as to raise serious doubts whether the agency can adequately justify its decision at all; and (2) vacatur would be seriously disruptive or costly); Comcast, 600 F.3d at 661 (vacating the Comcast Order). We remand the case to the Commission for further proceedings consistent with this opinion.
So ordered.
www.cadc.uscourts.gov/internet/opinions.nsf/3AF8B4D938CDEEA685257C6000532062/$file/11-1355-1474943.pdf
On page 64 of the opinion:
I am in general agreement with the majoritys conclusion that the Open Internet Order impermissibly subjects broadband providers to treatment as common carriers, but I disagree with the majoritys conclusion that § 706 otherwise provides the FCC with affirmative statutory authority to promulgate these rules. I also think the Commissions reasoning violates the Administrative Procedure Act. These differences are important since the majority opinion suggests possible regulatory modifications that might circumvent the prohibition against common carrier treatment.
www.cadc.uscourts.gov/internet/opinions.nsf/3AF8B4D938CDEEA685257C6000532062/$file/11-1355-1474943.pdf
Lifelong Protester
(8,421 posts)but my spouse is a little bit older than some of these judges and proudly knows NOTHING about the Internet or computers (albeit by choice). Do these judges have any grasp on the reality on the ground???
dixiegrrrrl
(60,010 posts)Marthe48
(16,959 posts)mirror signals, drums signals, smoke signals, get some homing pigeons, learn to print handbills, and have secret signs to have secret meetings to exchange real news. I'll check the Internet if I want to see cute pictures....
Bjorn Against
(12,041 posts)Especially in rural areas it is often the case that there is only one company that provides broadband service to the area.
ctsnowman
(1,903 posts)druidity33
(6,446 posts)and while satellite TV is cool, satellite INTERNET FUCKING SUCKS. Sorry for the caps there, but it's really true.
japple
(9,825 posts)Comcast cable & DSL capability, but that's because he built his own home and pulled the cable from the house across the street. Comcast & AT&T both would supply broadband connections to my house if I would pay them $3,000.00 to run the cable to my house.
dixiegrrrrl
(60,010 posts)blackout during snow and rain?
I ask because we are rural and have dsl, and no other options.
druidity33
(6,446 posts)i am limited to 250MB of downloads per any 24 hour period. If i exceed that, they bump me down to dial-up speed for 24 hours. 250MB isn't enough to view any extended video or do any large system updates. It's barely enough for browsing for 3 people in the evenings. And it's not fast... at all. Barely DSL speed.
dixiegrrrrl
(60,010 posts)Guess I should not complain about our shitty dsl, then.
a tad slow, but no limits on how much we use.
onehandle
(51,122 posts)LongTomH
(8,636 posts)They are not elected and they cannot be easily removed from office. Thom Hartmann has pointed out that the framers of the Constitution did not intend to give courts the power to overrule the elected representatives of the people; the courts, over time, gave that power to themselves.
Bragi
(7,650 posts)Judges need to be learned in the law. Period. They don't need to be popular.
nikto
(3,284 posts)Justices weren't Corporate Property.
Too much to ask?
Yep.
mikeysnot
(4,756 posts)for the big tele-cons.
Veilex
(1,555 posts)umm...no... I cant. And the lack of anti-trust suits has guaranteed that I have but one choice for internet.
Triana
(22,666 posts)over the area in which they live, so that is BULLSHIT.
LittleGirl
(8,287 posts)and I won't touch them or their expensive package deals. it's bs and I live in a fairly large city.
glinda
(14,807 posts)I hate Charter.
So say the judges who make oodles of cash, much more than the average person who also might not live in a great part of town that has choices.
closeupready
(29,503 posts)in almost every source I'm reading this at.
jeff47
(26,549 posts)Previous place I lived my choice was Time Warner or nobody. The phone company offered slow DSL service, and the cell companies only had 3G and very low bandwidth restrictions.
At least where I currently am I can get roughly the same service from Time Warner and AT&T, but I strongly suspect they will have similar "pay for usage" profiles.
DLnyc
(2,479 posts)No choice whatsoever, in other words. And their service is spotty and their price has doubled over the last couple of years.
Cable is generally a monopoly. I don't know what "choice" they are talking about.
jeff47
(26,549 posts)For example, the phone company actually offers high-speed Internet. There's also 4G coverage.
LiberalElite
(14,691 posts)only Time Warner. In some other parts there is a choice. I can actually choose from Time Warner, RCN and as of this month Verizon FIOS. There's also DirecTV and Cablevision in some parts. They just don't uniformly compete across the city, who knows why?
SamKnause
(13,106 posts)I have 2 choices for access to the internet;
1. Through a land line phone.
a) I have access to 1 landline phone company where I live. Have you ever checked out all the numerous taxes you pay on your phone bill ?
2. Satellite
a) It would cost $50.00 per month + numerous taxes.
b. I would have to pay extra for unlimited bandwidth.
3. There is no cable in my area.
There are so many monopolies in this country, that continue to gouge U.S. citizens, courtesy of our upstanding judges and judicial system.
proReality
(1,628 posts)And I'm sick of paying for DSL and getting little more speed than I did on dial-up. If I try to watch a 3 minute video I have to let it run all the way through and then hit replay to see it in its entirety. Otherwise I sit for 45 min. while it buffers after every 3-5 words all the way through.
Edited to add a missing word...and then to correct a spelling.
SamKnause
(13,106 posts)I feel your pain.
totodeinhere
(13,058 posts)with its bandwidth caps and latency issues, or mediocre DSL that costs as much as satellite does. I pay $65 monthly for a 3 Mbps DSL line. In this country we have some of the worst Internet coverage in the developed world.
SamKnause
(13,106 posts)With internet access comes knowledge.
I don't think the powers that be what us to get too uppity.
They certainly are terrified shitless of truth and justice !!!
pangaia
(24,324 posts)cer7711
(502 posts)Broadly, the giant communications conglomerates track conservative.
This ruling is another arrow in their quiver to further degrade, marginalize and/or strangle those progressive or out-of-the-mainstream sources whose dissenting voices challenge the status quo.
We will see the results of this ruling almost immediately.
Vashta Nerada
(3,922 posts)I rather much enjoy my unlimited high speed internet for $50/month. I refuse to go back to the days where I have to make sure I'm not going over my monthly internet usage like I had to do in the late 90s.
mountain grammy
(26,621 posts)OneCrazyDiamond
(2,032 posts)David S. Tatel?
Efilroft Sul
(3,579 posts)Case was argued before Circuit Judges Rogers and Tatel and Senior Circuit Judge Silberman. Silberman concurred in part and dissented in part from the overall opinion.
Here is the link to the PDF: http://www.cadc.uscourts.gov/internet/opinions.nsf/3AF8B4D938CDEEA685257C6000532062/$file/11-1355-1474943.pdf
cyberswede
(26,117 posts)We have an excellent service provided by our tiny local phone company, but the big telecomm companies are always trying to change the rules so small, independent companies can't compete. I fear it's just a matter of time. Assholes.
RKP5637
(67,108 posts)mega conglomerates sucked the lifeblood out of it until it was gone. Now, all that is left, is a major SH** super-corp providing typically horrible service and overcharging.
Swede Atlanta
(3,596 posts)Really? The judges on that court are obviously totally oblivious to what is going on out in the market.
1. Providers dominate markets
- In my market in Atlanta we only have two "real" choices; ATT (slowwww DSL) and Comcast (which is what I have). There are other competitors but speed and reliability are questionable
- In many smaller markets there are even fewer competitors
2. Providers 'collude'
- They are all going to do the same thing - potentially restrict access based on content or add fees. For example they know online porn is popular so they might add an additional charge for viewing porn sites. As well they will find every way to limit your ability to, for example, stream a movie when you want.
3. ISPs are in fact "commodity" providers
- I don't understand why telecommunications have not become commodities and as such are subject to public service regulation. They are in fact commodities of what have become "essential" services just like water and electricity
- Some will argue that classifying them as commodities subject to PS oversight would quash innovation. Well let's see how the ISPs respond. I expect to see a 20% increase in my internet bill this year with new restrictions on bandwidth and content.
closeupready
(29,503 posts)Dash87
(3,220 posts)savannah43
(575 posts)If someone has the ability and money to set up a net neutral service, they will end up with all the business. The others will just have this judge as a customer. The "powers" do forget, sometimes, that we are customers and not slaves to them.
Dash87
(3,220 posts)Any sites advertising it could be banned, so nobody would ever hear about it. The amount of work and money it takes to set up a telecom company makes it hard enough - telecoms like Comcast are immensely powerful - if they couldn't contain the new telecom, they would just gobble it up.
jeff47
(26,549 posts)awoke_in_2003
(34,582 posts)or maybe two- AT&T DSL, AT&T Uverse, and Charter Cable.
happyslug
(14,779 posts)William Seger
(10,778 posts)When the very few suppliers have a common interest in maximizing profits, there doesn't need to be any overt collusion or conspiracy to do so. The hypothetical notion of "free markets" is just one example of why Libertarians are far too delusional for the real world. Without regulation, consumers get fucked, period.
Enthusiast
(50,983 posts)A shit load of bullshit.
OregonBlue
(7,754 posts)they are not cheap. Do they think everyone lives in the city?
AtheistCrusader
(33,982 posts)Yeah, I can go Centurylink DSL, and have shit-all for bandwidth. That's not a choice.
heaven05
(18,124 posts)appeals court gave the corporations, a big victory. One more nail in personal freedom's coffin.
jsr
(7,712 posts)Assholes.
beerandjesus
(1,301 posts)We're giving each other high-fives over Christie and this comes out.
GOD, it's hard to have a conscience in America today. One tiny bit of good news crushed by so much bad, it boggles the mind.
Moliere
(285 posts)So what happens when companies - established or startup - decide to create products that compete directly with the telecoms? I think I know, they will get blocked on multiple levels. Wonderful. Another job-killing, anti-innovation decision by techonologically uniformed old men
Efilroft Sul
(3,579 posts)This is in the ruling:
The majority puts it even more starkly, asserting that the Commission [FCC] "found that broadband providers have the technical and economic ability to impose restrictions on edge providers." Majority Op. at 38 (emphasis added). But the Commission never actually made such a finding. Its conclusions are littered with may, if, and might. For example, according to the Commission, a broadband provider:
may have economic incentives to block or otherwise disadvantage specific edge providers
might use this power to benefit its own or affiliated offerings at the expense of unaffiliated offerings
may act to benefit edge providers that have paid it to exclude rivals
may have incentives to increase revenues by charging edge providers6
might withhold or decline to expand capacity in order to squeeze non-prioritized traffic
25 F.C.C.R. at 17915-22 ¶¶ 21-29. To be sure, the majority correctly observes that we should defer to an agencys predictive judgments as to the economic effect of a rule, National Telephone Cooperative Assn v. FCC, 563 F.3d 536, 541 (D.C. Cir. 2009), but deference to such a judgment must be based on some logic and evidence, not sheer speculation.
***
Okay, now that fourth bullet above has a 6 cited for footnote purposes. Footnote 6 reads:
In this case, Verizon has indicated it does wish to explore two-sided pricing (charging both edge providers and consumers).
It's not sheer speculation. It's clear that one such plan is in the works, and the FCC understands how companies like Verizon and Comcast have the economic ability to squeeze rivals, edge providers, and consumers to their benefit.
The Court thinks we all fell off the turnip truck yesterday. Does anyone remember the promise of the Telecommunications Act of 1996? More competition will lower prices. Riiiight. Media consolidation has raised prices. My cable bill alone for expanded basic went from $24 a month to $56 a month for the same service.
Enthusiast
(50,983 posts)did anything in the interest of we the people.
RKP5637
(67,108 posts)treated as a bunch of disgruntled employees by those holding the power and purse strings. Frankly, they don't give a shit about most citizens unless it affects their bottom line.
Dash87
(3,220 posts)Most places have 2 ISP options if they're lucky. I guess money always wins.
Efilroft Sul
(3,579 posts)***
Deregulation good! Net Neutrality bad! And yet, the "dissent" says the FCC should more identify threats to competition instead of worrying about how telecoms might use their technical and economic prowess to their advantage. What competition, judge?
Efilroft Sul
(3,579 posts)This regulation essentially provides an economic preference to a politically powerful constituency, a constituency that, as is true of typical rent seekers, wishes protection against market forces. The Commission does not have authority to grant such a favor.
***
Holy cow, that is one big FU to Net Neutrality, its supporters, and the FCC.
cstanleytech
(26,291 posts)we live in small rural areas which more often then not have only one single provider to choose from.
sulphurdunn
(6,891 posts)Obviously, it is completing the transition from public to the private property of telecoms. If that is inevitable, then the solution is to require each of these thieves to provide universal access in each others markets. That would create the competition and choice as a matter of fact the court merely assumed as the pretext for its kleptocratic ruling.
arcane1
(38,613 posts)FuzzyRabbit
(1,967 posts)It's all about stifling competition. The telecoms will use schemes to force their customers to use only their content or their business partners content.
For example AT&T will throttle down Skype, making Skype phone calls unintelligible. The only phone service AT&T customers will be able to use is AT&T.
Likewise, Comcast will throttle down Netflix, making Netflix unusable. To watch any movies Comcast customers will have to pay Comcast.
Welcome to your new corporate controlled information superhighway.
arcane1
(38,613 posts)Basically, we have to "choose" which services are more important, and go with the ISP that wrecks the fewest sites and services.
Whee.
Jerry442
(1,265 posts)...it's not that hard to imagine DU (or Kos or Digby or whoever) mysteriously limping along after publishing articles critical of some provider. I mean, it's a whole lot easier than putting up traffic cones to block approaches to a bridge.
RKP5637
(67,108 posts)form of internet censorship not only by despicable corps, but by TPTB, and for a sum of money, these shysters will be willing to slow up any data stream. It is crooked as hell, but we live in a country with a failing judicial system and also on the take.
begin_within
(21,551 posts)whopis01
(3,514 posts)Efilroft Sul
(3,579 posts)The CCC
(463 posts)A bunch of idiotlogues. They obviously have never heard of a Sophie's Choice.
Erda
(107 posts)Freepress.net about this. Net Neutrality is not dead yet.
2banon
(7,321 posts)everyone who cares ANYTHING regarding News, Information, FCC rules and regs, etc needs to be linked to freepress.net
octoberlib
(14,971 posts)http://www.scientificamerican.com/article.cfm?id=competition-and-the-internet
blackspade
(10,056 posts)I have two choices: expensive and throttled and even more Expensive and throttled.
This is a terrible ruling for consumers.
AverageJoe90
(10,745 posts)But we need to fight *HARD* against this bullshit. Whenever the backlash does start, let's make it count.
ChromeFoundry
(3,270 posts)Bought and paid for by large corporate interest.
TimeToEvolve
(303 posts)TBF
(32,060 posts)Spitfire of ATJ
(32,723 posts)Ash_F
(5,861 posts)Faced with this dilemma, the FCC may either choose to argue that its regulations do not fall under the rubric of common carriage, or attempt to reclassify broadband as a common carrier, according to outside observers. Neither path is likely to be easy, as major industry players are likely to resist any attempt to reclassify broadband under Title II of the Communications Act.
Kablooie
(18,634 posts)We don't have a choice of providers because the companies made agreements not to step on each other's territories.
Now they are allowing the monopolies to decide how to screw us over and there will be no alternative.
Something has to be done.
RKP5637
(67,108 posts)truthisfreedom
(23,147 posts)Don't expect anything to be right.
Lawlbringer
(550 posts)that it's like TV channels. That working in a tiered level of service akin to channel packages is the way to go, because to them, the ability to watch The Food Network is the same as going to do a research assignment on the internet, or connecting to a work network.
Access to the internet is akin to access to the streets. Granted, there are speed limits, and I have no problem paying more for higher bandwidth IN GENERAL because that's a whole different fight. But charging more for different "website packages" or lowering/blocking access to certain sites in favor of others is like being restricted to driving 25 MPH on the highway if you're driving to your mother's house vs being able to drive 55 MPH on the highway if you're going to Macy's.
RedCappedBandit
(5,514 posts)They're not ignorant. They're greedy.
Lawlbringer
(550 posts)They are greedy. But they are ignorant to the usage of the internet and the full extent of how networks work. As I stated before, I can 100% guarantee that they see the big picture with the false equivalence of TV Stations to Websites.
woo me with science
(32,139 posts)As another DUer put it, "We have now lost control of information."
tofuandbeer
(1,314 posts)it was like waking up to a nightmare!
This can (and probably will) be used politically, as well.
Damn. I really don't like the United States anymore. What's to like? Everytime there's a choice, it goes to corporations.