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Right, the only question here is whether or not the FCC can preempt state regulation under existing statutory authority, and existing precedent suggests that ma

Right, the only question here is whether or not the FCC can preempt state regulation under existing statutory authority, and existing precedent suggests that maybe it can't. Pretty much everyone agrees that, given additional statutory authority, this kind of regulation would be constitutionally kosher.

24gttghh 9y ago
Indeed. However, I am wary to rely on SCOTUS to do the right thing, if/when it gets to that point. I'd much prefer Congress specifically mandate a free and open internet, with no regard given to the type or originator of data being moved about. I feel as though such an idea really deserves it's own Constitutional amendment as well, it it is truly so critical to the free flow of information in today's society. Amendment XXVIII: Congress shall make no law with respect to preventing the free flow of data on the public internet; Congress shall take necessary steps to prevent data from being throttled based on: identity of the publisher, content, size, or frequency of transfer; except in cases where such volumes of data can be shown to be a deliberate, malicious attempt to prevent access to a given publisher(s) content.
- briandear 9y ago
  To play Devil's advocate here -- what's stopping you from starting an ISP and treating traffic however you want? I personally don't want the government "taking necessary steps to prevent data from being throttled.." because that means we've just given the government permission to be actively monitoring and controlling the internet -- including direct monitoring of the ISPs, and by extension full access to the content of your traffic -- ostensibly to "protect" you from throttling. The government would have to be able to inspect your traffic in order to ensure it isn't being discriminated against. You want to know how you stop throttling? If your ISP throttles you, you call them up, cancel your service and go to a new company and you tell both old and new company why you're doing that. If something "important" gets throttled, you throw a post on Reddit, Twitter, wherever and suddenly you get thousands of people canceling their service -- and quickly the ISP will change course in response to the public demand. In Cupertino right now, there are 9 residential ISPs from which to choose and 23 business ISPs. https://broadbandnow.com/California/Cupertino# https://broadbandnow.com/California/Cupertino# What the government SHOULD be doing is promoting ISP competition. Why not provide tax incentives for new ISP startups or innovative programs? Why not reduce regulation, make it easier for ISPs to start? Why not incentivize competition? Why not provide tax credits for entering underserved markets? There is a free market way to ensure a fast and free internet -- using the government for such things has a tendency to lead us down roads we might not want to go down.
  - 24gttghh 9y ago
    >There is a free market way to ensure a fast and free internet -- using the government for such things has a tendency to lead us down roads we might not want to go down. Because one crappy DSL provider and one Cable provider per town is a free market... Natural monopolies have a need to be regulated to prevent consumer abuse.

24gttghh 9y ago

Indeed. However, I am wary to rely on SCOTUS to do the right thing, if/when it gets to that point. I'd much prefer Congress specifically mandate a free and open internet, with no regard given to the type or originator of data being moved about. I feel as though such an idea really deserves it's own Constitutional amendment as well, it it is truly so critical to the free flow of information in today's society. Amendment XXVIII: Congress shall make no law with respect to preventing the free flow of data on the public internet; Congress shall take necessary steps to prevent data from being throttled based on: identity of the publisher, content, size, or frequency of transfer; except in cases where such volumes of data can be shown to be a deliberate, malicious attempt to prevent access to a given publisher(s) content.

briandear 9y ago
To play Devil's advocate here -- what's stopping you from starting an ISP and treating traffic however you want? I personally don't want the government "taking necessary steps to prevent data from being throttled.." because that means we've just given the government permission to be actively monitoring and controlling the internet -- including direct monitoring of the ISPs, and by extension full access to the content of your traffic -- ostensibly to "protect" you from throttling. The government would have to be able to inspect your traffic in order to ensure it isn't being discriminated against. You want to know how you stop throttling? If your ISP throttles you, you call them up, cancel your service and go to a new company and you tell both old and new company why you're doing that. If something "important" gets throttled, you throw a post on Reddit, Twitter, wherever and suddenly you get thousands of people canceling their service -- and quickly the ISP will change course in response to the public demand. In Cupertino right now, there are 9 residential ISPs from which to choose and 23 business ISPs. https://broadbandnow.com/California/Cupertino# https://broadbandnow.com/California/Cupertino# What the government SHOULD be doing is promoting ISP competition. Why not provide tax incentives for new ISP startups or innovative programs? Why not reduce regulation, make it easier for ISPs to start? Why not incentivize competition? Why not provide tax credits for entering underserved markets? There is a free market way to ensure a fast and free internet -- using the government for such things has a tendency to lead us down roads we might not want to go down.
- 24gttghh 9y ago
  >There is a free market way to ensure a fast and free internet -- using the government for such things has a tendency to lead us down roads we might not want to go down. Because one crappy DSL provider and one Cable provider per town is a free market... Natural monopolies have a need to be regulated to prevent consumer abuse.