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Tech at Night: Net Neutrality Reactions

Tech at Night

Tech at Night is starting a little later tonight than I planned. I ended up showing my brother The Greatest American Hero on Netflix. Oddly enough I had no trouble with that despite the Net Neutrality framework not having taken effect.

But yes, the big story is that the FCC voted to regulate the Internet. This has been coming for a long time, but now that it’s happened, our side is motivated like never before. Here’s a roundup.

Marsha Blackburn calls the FCC’s action a “Halloween tale” terrible to sneak in during the Christmas season. I expect her to be a leading figure in the fight against the FCC next year.

The Las Vegas Review-Journal suggests that “perhaps it is time to close the FCC and let the free market set the rules and the prices.”

FCC Commissioner Meredith Attwell Baker, one of the dissenting votes, points out that it is not “appropriate for unelected FCC officials to make a decision with such potential long-term consequences for the Internet economy, for high-paying jobs and for the nation’s global competitiveness without explicit direction from Congress.”

Fred Upton and Republican House leaders are gearing up to fight. They promise “immediate action” “to strike down net neutrality.” through a proposed Congressional Review Act. Imagine that: legislators being in charge of writing the law of the land. Novel concept. Upton’s site also has its own roundup on the issue which I’m not linking just because it quotes me. I promise. Really.

Phil Kerpen calls the FCC action a “coup” while reminding us that the voters already ruled on Net Neutrality by defeating all 95 Net Neutrality supporters of the Progressive Change Campaign Committee pledge. John Fund also calls it a coup. The word I’m reaching for is that it’s executive rule by decree, Russian style.

Richard Bennett points out that it is good to get this “off the table” even if it’s a problematic plan. My view: it could have been worse, and the damage has been mitigated while we rally the Congress to respond. Meanwhile we can begin to discuss legitimate tech issues, and not made up ones like Net Neutrality.

Michelle Malkin takes a step back to the bigger picture, and reminds us that “Internet Access is not a Civil Right” over at NRO.

And to wrap up the night, a new site that may be worth reading. I’ll have to watch it a while. Technology Liberation Front reads the dissenting opinions at the FCC. Both Commissioner Baker (already linked above in a separate piece) and Commissioner Robert McDowell are thorough. The whole article is worth a read. It’s not long.

The fight begins anew next year. And this time we have leverage.

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COMMENTS

  • elizabeth bennet

    THANK YOU for your updates on this matter. I’m a right-brained girl, and this whole thing just makes my head hurt every time I try to understand anything about it. Your explanations have kept me from just avoiding the topic altogether. Merry Christmas!

  • trutexan

    how can it legitimately be undone? So say Congress un-does it. Then the FCC does it again. Here we go… Because until Progressives control every aspect of our lives (as if John Q. Public was an infantry troop) they will not stop.

    In the effort NOT to legislate that which didn’t need any legislation, now the new congress has to put together legislation to undo that which didn’t need legislated in the first place.

  • fpete13527

    I believe that this series made a(the) definitive positive difference in the fight against NN and I believe it will continue to in the New Year.

    Thanks again and the best Christmas to you and your family.

  • patlandy

    How do we take this power away from these agency’s? The Upton press release you link to says: “Reps. Upton, Walden and Terry will look toward the Congressional Review Act of 1996 (CRA) to fight the FCC’s actions. The CRA allows Congress to review and, through joint resolution, repeal federal agency-promulgated rules. ”
    Yeah-Right…… A “joint resolution” requires the House and the Senate to adopt an identical language bill signed by the President…. FAT CHANCE!

  • Donald Ayotte

    Neil
    This is a big step in bypassing the Congress and court system in diminishing and finally doing away with American’s First Amendment rights.
    I wonder, If we take back the presidency in 2012, if we can undo this regulation. Once we lose our right to dissent through free speech, the rest of our civil rights won’t be difficult for them to go after.

  • loupgarou1317

    they can try to “regulate” , but the ones that they did this to try to stop will just find another way, like has happened before, and will again, over and over…………………….

  • NRPax

    So the best solution is strike this down harder than Carthage was struck down. Make it so they can’t bring this up again and pull the FCC’s funding at the same time.

  • NRPax

    So the best solution is strike this down harder than Carthage was struck down. Make it so they can’t bring this up again and pull the FCC’s funding at the same time.

  • Ausonius

    Once in place, the Left Wing will be attacking the Internet and sites like RedState via this power grab for 2 years, until Conservative Republicans replace Dems in the White House and Senate in 2012.

    I do wonder if the Dems realize they may be catalyzing a revolution against themselves. Arrogance blinds them.

    And if they are not careful, the revolution may not be so quiet: I have never heard and read so many rumblings about the possibility of an actual Civil War II because of their antics.

  • avgjo

    But we have to ensure that they do it.

    Remember when Michele Bachmann organized that walkthrough of the capitol during the Obamacare deal? I think we should try to get another one of those arranged, so that we can have a nice discussion with the House GOP.

    Imagine, 300 Tea Party Activists, Bachmann, Pence, Rubio, Paul (Rand) and Portman on one side, the RINOs and new House people on the other. A Q & A session, where we ask the questions and they provide the answers.

    Our nation will at best face disaster and at worst die if we don’t do something more than what we have been doing.

  • http://www.flaliberty.org scorpio0679
  • joecollins

    Defund any program which is not linked to the United States Constitution.

  • powertothepeople

    What is the next step for those of us who are disgusted with this move by the FCC and yet we hold no position in government? I am just so tech ignorant that I could not come up with a way to fight my own personal battle against this intrusion, but there has to be a way.

    Hope you next piece is on how to battle their power grab.

  • http://www.redstate.com/etcartman Kenny Solomon

    Uh oh.

    (Reuters) – The Federal Communications Commission’s top official has given his approval to Comcast Corp’s purchase of NBC Universal with a number of tough and narrowly tailored conditions on the deal.

    http://www.reuters.com/article/idUSTRE6BL45T20101223

    Conditions for approval would address several key areas, including online video, program access and program carriage, according FCC officials who declined to be named.

    The Department of Justice must also approve the deal. FCC officials said there had been full cooperation between the government agencies. A Justice Department spokeswoman said its review was ongoing.

    Why is my gut telling me nothing good is going to come from this ?

  • http://www.gmsplace.com/ civil_truth

    The one about the Justice Department monitoring closely the negotiations.

    Who knows what other Federal agencies also might have been taking an interest in matters.

    I don’t know the merits of the FCC action, but what we have been seeing increasingly is this coordination of executive agencies – just what that fellow from Alaska has been warning about since the 2008 elections.

  • http://www.hakubi.us/ Neil Stevens

    Hank Johnson says it’s time to approve the deal. All that means is that the CBC already extracted all the concessions it wants.

  • runner12

    Thank you for keeping us all informed on this issue. You have made it simple for those of us not in the tech world to understand the ramifications of such a move.

  • neoliberal

    I have read most of the comments on the web and very very few have provided an objective analysis. I am trying to provide you one.

    There are two parts, the practical and the philosophical. Let us address the practical first – philosophers are known to be patient.

    One perspective of Net Neutrality is the battle between the Comcast & Verizons of the world (“service providers” or SPs) and Netflix and Goggle and Apples of the world who provide the applications (“content providers” or CPs).

    The CP position is that we have purchased and huge bandwidth pipe from my provider and the customer has also bought a broadband connection then our traffic then our traffic be treated with equal priority as other traffic (lets use the word – QoS). This is as simple as it gets.

    The SP position has two parts, the real reason and the ostensible reason. The real reason is that they are NOT making money and the CPs are. So the SPs want to be content providers also. So far fair. What is not fair is (attempting to & getting caught) throttling rival traffic (COMCAST) to promote their (otherwise uncompetitive Apps).

    An example will make this clear. Netflix peers with Level-3 (LVLT)networks and customer-X peers with COMCAST (CMCSA). Somewhere there is a junction between LVLT & CMCSA. The peering charges is similar to International Telephone. But CMCSA wants more and is charging a “traffic toll” to LVLT (and at the end NetFlix) extra money.

    The ostensible reason is providing “tiered service”. (Something like Express-Mail. Priority or First Class from USPS). It says that it wants to sell a GOLD VPN to (say) Fedex to connect its San Jose office to its Austin office.

    The FCC ruling accepts the ostensible reason and not the real reason. There is also the Wireless aspect which I will take up in a later post.

    Now comes the “philosophical part” of “FCC control”. This is where I would part ways by saying “As technology increases the need for a new policeman increases” – whether we like it or not.

    An example would make this clear…

    At the time of independence there was no concept of “traffic police”. When one hundred years ago, cars came on the road, we had a new era of policing and a concept of traffic police and traffic lights (and other automated traffic police) were introduced. Are they perfect? – NO. But we always try for a balance.

    Another word about politics. It just happens that the Comcast and Verizons of the world are Republican while Netflixes and Apples of the world are Democrats. If it were other way around then you would be crying “Protect the Internet from Elitist control and hand it over to the people” :-)

  • http://www.hakubi.us/ Neil Stevens
  • ocleverone

    nt

  • gekster

    you’ve been here 7 months.
    Why speak up now.

    Playing the mole?

  • neoliberal

    there is a difference between screaming and intelligent discussion.
    a: I am not from Google. But why do you choose COMCAST over GOOGLE?
    b: “It’s easy to argue when you make stuff up”. Please tell me what I have made up. Net Neutrality. Come on…..Please talk logic

  • gekster

    I havn’t seen mass amounts of people complaining.
    What’s your stake in this.

  • ocleverone

    Since Comcast already got a ruling from SCOTUS that the FCC did not have the authority to regulate the net – I’ll start with that.

  • http://www.nighttwister.com NightTwister
  • uselogic

    Congress, the President (sort of), a Federal court, 2 of their own 5 commissioners and the majority of the American people have said they don’t have the right to regulate the internet.

    ISP’s (and everyone else, internet-wise) oughta’ just ignore any directives from the FCC. Tell them to pound sand! Seriously. And do it in advance. What’re the remaining 3 gonna do?

  • neoliberal

    I am not upset any more. NN has passed!!

    … and I can connect to any web-page I want from my mobile :-)

  • http://www.hakubi.us/ Neil Stevens

    You people just make stuff up because you have no legitimate argument for your plans for a state-run Internet.

  • markvol

    Pull out all the stops in Congress and take this damned country back, if they have the collective will to do that. Pure power grab and violating a Federal Judge’s ruling.
    This administration needs neutering. I wonder what’s next? That
    thug recently appointed to the BATFE is trying to do something with
    guns as we speak.
    Let’s see: 1st amendment(stripping away by the FCC) and 2nd
    amendment(looking closer at your puchases by the BATFE). Wow!
    What’s it going to take, folks? Pitchforks against UAV’s before too long.
    It’s never something extreme. It’s usually something sugar coated
    to sound almost reasonable.
    I’ve beaten my head against the wall trying to argue with some about this for some time now, and I don’t understand how some seemingly intelligent people cannot grasp an issue like this kind
    and use constitutional principles to see if this stuff will or won’t
    pass the smell test. It doesn’t.
    Merry Christmas from an angry right-winged extremist!

  • powertothepeople

    he has geared up for his turn at protecting the liberal plan….

    Save

  • gekster

    To get your jollies by thinking you can rub our nose in it.
    Get out of grade school and get a life.
    I can’t wait until these kids get back in school.

  • neoliberal

    “government sticking its nose”
    … try foreign wars that drained a lot of taxpayer resources.

    Coming to topic! What would you say if the city road management decided to give preferential traffic lights to its taxi service over a third party taxi service? Would you not complain?

  • http://thesandsinstitute.org Vassar Bushmills

    ..because nothing you’ve written stinks.

  • powertothepeople

    it does not stand because of either an action from Congress or the Supreme Court. Lets see how you run your mouth about this since the answer has been front page on most news site today.

    I see their funding drying up in 10….9……8…..

  • http://www.hakubi.us/ Neil Stevens
  • powertothepeople

    it is like a buffet lately on this site. It is like God is giving us a daily idiot to have fun with.

  • gekster
  • gekster

    please with a small g
    I’m not that big.
    That’s what my friends use. ;)

  • http://www.hakubi.us/ Neil Stevens

    A big, genuine thank you to all you kind folk who have given me such nice, friendly feedback. Not just for last night’s edition but for the whole long ride.

    Your readership and your comments are so important in keeping me doing this. Thank you for staying around.

  • neoliberal

    Possible. People would realize that a service provider must treat all customers with an equal rate chart, then they would support it.

    I tried to explain what it is. I did not get a proper debate – just name calling. maybe you cannot provide one!

    The fun part is what many people are saying is exactly opposite of their signatures. What “powertothepeople” wants is to take away the power of the people to use the Internet as they feel like! What a Joke!!!

    I will back if there is a sensible posting… .

  • http://www.hakubi.us/ Neil Stevens
  • http://www.theprecinctproject.wordpress.com ColdWarrior

    CW

  • kestrel

    About the FCC action, assuming that Republicans are serious about repealing this, the President may be the only real sticking point. The new House will be on our side, and we already have 30 senators willing to sign a discharge petition that will force the resolution out of committee and into a vote in the Senate. When forced to vote, enough senate Democrats will probably vote with us. Even if they agree with net neutrality, how can they not counter such a grossly defiant, illegal power grab, especially when it’s their own power being grabbed? (Republican Senator Olympia Snowe is of this view.) See Kerpen’s piece, linked by Neil.

    If Republicans can’t find a way to leverage Obama’s signature on this, we’re in bigger trouble than I thought. What I want to know is, will Grenachowski and those who voted with him suffer any consequences for this? Or is this last-minute mugging just another big joke?

  • http://www.hakubi.us/ Neil Stevens

    I’ve probably been on the Internet longer and written more code than you.

  • kestrel

    agrees that this is a major circumvention of checks and balances. His last line in this quote is incredible for someone in his position: “…the FCC is not only defying a court, but it is circumventing the will of a large, bipartisan majority of Congress as well. More than 300 Members have warned the agency against exceeding its legal authority…Yet the majority (at the FCC) is determined to ignore the growing chorus… in what appears to some as an obsessive quest to regulate at all costs.” ? FCC Commissioner Robert McDowell

  • Finrod

    In case you lost your copy of the Constitution, I would point out that the ‘traffic police’ are all run by the individual states. The federal government doesn’t have the authority to regulate automobile traffic everywhere, and it shouldn’t even if it did; look at the mess the federally-imposed 55-mile-per-hour speed limit made of things. ‘Net neutrality’ is even dumber than the 55mph speed limit ever was.

  • Finrod

    While whacking a troll above, I came up with the analogy in my subject above, which is what happened the last time the government tried to regulate traffic nationwide. Pass it on!

  • GregInFla

    Mike McConnell at WGN 720AM in Chicago spoke with McDowell Wednesday morning. If anyone else out there (like me) is a podcast talkradio junky, Mike McConnell is worth checking out. He is an excellent interviewer, always informed of the subject of his interviewee.