Showing posts with label Net Neutrality. Show all posts
Showing posts with label Net Neutrality. Show all posts

FCC to finally publish net neutrality order, and lawyers can't wait

The battle to save net neutrality is about to heat back up.
The Federal Communications Commission is on the verge of officially publishing its order demolishing the rules that protected a free and open internet, and activists actually have a reason to look forward to it. Why? Think lawsuits.

A quick look at the webpage of the Federal Register shows that the order axing net neutrality will be published Thursday, and, according to Reuters, that will give those opposed to FCC Chairman Ajit Pai's vision of the internet a chance to fight back.

That's because once that ruling, known as the Restoring Internet Freedom order (ha!), officially drops, opponents will have something to sink their teeth into and can begin the long process of fighting the rules in court.

You'll likely remember that the order in question was passed by the FCC with a vote of 3-2, and at the time Pai insisted everything was going to be totally cool.

"It is not going to end the internet as we know it," he observed (possibly while daydreaming about the contents of his giant mug). "It is not going to kill democracy. It is not going to stifle free expression online."
 Yummmmmm... deregulation...

Not everyone bought the assurances of the Reese's Peanut Butter Cups fan. In fact, the Attorney Generals of 22 different states announced their intention to sue the FCC over its decision.

"An open internet – and the free exchange of ideas it allows – is critical to our democratic process," New York Attorney General Eric Schneiderman noted in a press release. "The repeal of net neutrality would turn internet service providers into gatekeepers – allowing them to put profits over consumers while controlling what we see, what we do, and what we say online."

With the official publishing of Pai's order to the Federal Register happening Thursday, expect to see more lawsuits aiming to defend net neutrality hitting any day now.

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Democrats search for 51st net neutrality vote


Senate Democrats are hunting for one more Republican vote to prevent the Federal Communications Commission (FCC) from repealing net neutrality rules.

Senate Minority Leader Charles Schumer (D-N.Y.) announced Tuesday that all 49 Democrats have endorsed legislation to preserve the rules. With Sen. Susan Collins (Maine) already on board, Democrats need the support of just one more Republican to ensure the legislation is sent to the House.

The bill, which will be introduced by Sen. Ed Markey (D-Mass.), would use a legislative tool called the Congressional Review Act (CRA) to roll back the FCC’s vote last month scrapping the 2015 net neutrality rules. The rules have required internet service providers (ISP) to treat all web traffic equally, and supporters say they’re essential to preventing companies such as Comcast and Verizon from abusing their control over internet access.The Democrats plan to use procedural rules under the CRA to force a vote on their bill in the coming months.

Even though the bill is unlikely to pass the House or be signed by President Trump, Democrats see an opportunity to capitalize on the outcry surrounding the FCC repeal and force Republicans to vote on net neutrality ahead of the midterm elections.

“With full caucus support, it’s clear that Democrats are committed to fighting to keep the internet from becoming the Wild West where ISPs are free to offer premium service to only the wealthiest customers while average consumers are left with far inferior options,” Schumer said in a statement Tuesday.

He added, “When we force a vote on this bill, Republicans in Congress will — for the first time — have the opportunity to right the administration’s wrong and show the American people whose side they’re on: big ISPs and major corporations or consumers, entrepreneurs, and small business owners.”

On the House side, Rep. Mike Doyle (D-Pa.) announced Tuesday that he had lined up 82 co-sponsors for his companion CRA bill, including House Minority Leader Nancy Pelosi (D-Calif.). But the procedural rules for CRA bills are different in the House; Democrats do not have the power to force a vote by securing co-sponsors.

That’s left the Senate as the primary venue for the net neutrality fight.

Supporters of the rules looking for the 51st vote for the CRA bill could have several targets.

Sen. John Kennedy (R-La.), for example, who made headlines last year by bucking the administration on a handful of judicial nominees, said last week that he is undecided on Markey’s bill.

“There a lot of nuances, and there are very good arguments on both sides,” Kennedy said to reporters, according to the National Journal. “I’m honestly undecided. Right now, to me, it’s a very, very close call.”

Sen. Dean Heller (R-Nev.), who’s seen as one of the most vulnerable Republicans in this year’s midterm election, is another possible target in the net neutrality push. Spokespeople for Kennedy and Heller did not respond to requests for comment.

Still, Republicans have largely opposed the Obama-era rules as heavy-handed regulation that has stifled investment from broadband companies. They say existing antitrust and consumer protection laws are already sufficient to secure an open internet.

Democrats and their allies disagree and think Republicans will pay a political price for that stance.

Fight for the Future, a group that helped rally internet users to protest the FCC vote, has already launched an online scorecard to track members’ positions on the CRA, directing supporters to reach out to their representatives.

“Net neutrality is going to be an election issue in 2018 and every member of Congress knows it,” Evan Greer, the group’s campaign director, said in a statement.

“The CRA is steamrolling through the Senate because lawmakers are reading the writing on the wall that it’s the only viable legislation on the table. Cleanly reversing the FCC’s unpopular and illegitimate decision is, on substance, the correct policy move, and the only one that has support from voters,” Greer said.

It could be months before the net neutrality bill reaches the Senate floor. The FCC’s final order still needs to receive approval from the White House’s Office of Management and Budget and must be published in the Federal Register before Congress can review it. At that point, lawmakers will have 60 legislative days to take up the CRA bills.

Even if the effort in Congress fails, as expected, the FCC’s repeal order will be facing court challenges for years to come. That will allow Democrats to extend the shelf life of a political battle in which they see themselves on the winning side.

“Republicans now have a clear choice — be on the right side of history and stand with the American people who support a free and open internet, or hold hands with the special interests who want to control the internet for their own profit,” Markey said in a statement Tuesday. “I urge them to join the majority of Americans, embrace the bipartisanship of net neutrality, and support this resolution.”

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The FCC’s Christmas Gift to Internet Users

No doubt your Christmas would be troubled and anxiety ridden if not for this column assuring you that the Trump administration decision last week to “repeal net neutrality” does no such thing.

Net neutrality long ago became the expectation of broadband customers. It was an expectation that internet service providers routinely met during the two decades before the Obama rules were enacted. It’s an expectation they will continue to meet after the Obama rules have been withdrawn.

Net neutrality means unfiltered, unhindered access to what the web offers. Net neutrality is the business that broadband suppliers are in.

What is being repealed is a decision to recategorize broadband from a Title I to a Title II service under the 1934 Communications Act. This decision had little to do with net neutrality but meant that lobbyists and petitioners and courts would be able to pressure Washington steadily in the direction of regulating the internet the way it did the railroads in the early 1900s.

Title II is what many groups militating in the name of net neutrality really wanted. They conflated net neutrality with Title II regulation because they thought it politically expedient to do so.

Does this mean you should run screaming to the nearest cliff and throw yourself off because now the internet will be taken over by “fast lanes”?I, for one, will pass. The whole idea of fast lanes reflects a faulty, obsolete metaphor for how the internet works. The internet is more like a giant computer providing a diverse array of services to a billion-plus users simultaneously.

It delivers you a webpage, me a video. In the future, it will help your driverless car navigate traffic, a doctor examine and treat an injury remotely. It will make sure your refrigerator is full of beer.

The businesses supplying each of these services care only that their own customers are happy. Their customers care only that their own service is satisfactory. They won’t care or even notice that the computer is constantly optimizing its performance so its diverse users are all kept simultaneously happy.

The whole “fast lane” nonsense is even more nonsense when we realize how much it’s the efforts of so-called edge providers that determine service quality. If a static webpage doesn’t load as quickly as you might wish, today it’s because of slow servers among the dozens that nowadays contribute pieces of a webpage. Not to blame usually is the last-mile carrier, who’s moving these elements to you as fast as content suppliers make them available.

Or take Netflix: It spends millions to place servers containing its shows inside the systems of last-mile providers to improve delivery and reduce transport costs.

Laws against fraud and anticompetitive behavior apply to broadband suppliers as they do to other companies in the economy. If a supermarket sells you a can of dirt labeled “peas,” it would not long stay in business. But, wait, aren’t we in a uniquely bad position because so many of us have only one or two choices for broadband at home?

All businesses would like to charge an infinitely high price for infinitely chintzy service, but not even Comcast can get away with this, even when competition is inadequate, because customers have voices and politicians and regulators listen to those voices. And competition can only improve matters.

Ironically, what consistently outrages the net-neut freaks is the wireless sector, where competition is fierce, and where rivals dangle offers of uncapped streaming from certain video services, and even free Netflix or Sling TV. This offends sacred principle, never mind that it increasingly turns wireless into a plausible substitute for the local fixed-line monopolist.

Verizon, AT&T, Sprint and T-Mobile—all have made announcements, and put money behind them, promising that 5G wireless will render the local cable oligopoly a thing of the past. Repealing Title II not only makes such investment attractive. It will enable wireless to support a whole slew of advanced services while keeping customers maximally happy.

Disney last week announced it would spend $52.4 billion to acquire certain Fox assets to replicate Netflix’s business model. Notice that Netflix’s business model is premised entirely on the existence of ubiquitous, affordable, unhindered broadband.

Ajit Pai, chairman of the Federal Communications Commission, is the Santa, not the Grinch, of this holiday season. Repeal of Title II is what will make the future internet possible. It’s just too bad those net-neutrality obsessives piling up lifelessly at the bottom of the nearest cliff won’t be around to enjoy it.

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Government-forced 'net neutrality': Putting future inventors between a rock and a hard place

One of my favorite Greek Myths is Sisyphus, an arrogant king who earned a terrible punishment by trying to cheat death: he was forced to roll a rock pointlessly up a hill, only to watch it roll back down every time, for all of time.

Fast forward to modern times, and the debate surrounding “net neutrality” very much feels like my rock. We make a move in the right direction — taking a hands-off regulatory approach to the Internet — but then leftist activists swoop in, and try to throw shackles on the Internet.

Armed with their good old playbook, these activists have declared war and are unapologetic in their efforts to spread mistruths that will hopefully trick enough people into believing that burdensome overregulation of the Internet is our only choice. Instead of commonsense and transparency, they opt for radical ideological warfare.

One point to clarify is that these pretend consumer advocates are not on their white horses, brandishing their swords and shields, to save your “free and open Internet.” That is what they desperately want you to believe.

The activists are supporters of the deceptively titled “net neutrality," which treats Internet service providers as public utilities, like electric companies. Net neutrality is not neutral at all. It would appoint a bureaucrat to play referee over the Internet, which it doesn’t need, but even worse, that referee would only call fouls on one team. That means that it is nearly impossible (Greek mythology-type impossible) for net neutrality to bring down costs.

Their efforts now focus on protecting a set of 2015 rules put in place by former President Barack Obama and his Federal Communications Commission known as Title II, which classifies Internet service providers as public utilities, like electricity, gas, and water. That is the contentious point in this debate, not the issue of a free and open Internet.

These groups are raising an all-out policy war and kicking dust in the air because of the current FCC’s intent to reverse this crippling 2015 rule, which not only prioritizes certain companies over others but it also manipulates the very foundation of how our nation’s markets work.

The irrefutable economic truth is that more regulation like Title II equals more costs and less innovation.

A market doesn’t become more efficient when a bureaucrat tries to step in and dictate how decisions are to be made and how a market/service/transaction is going to run. That kind of meddling always slows things down, both Internet speeds and innovation, because even if a better solution is found, old regulations can stifle the marketplace and hurt consumers. Think of the way taxi unions have tried to stop ride-share programs like Uber and Lyft.

For example, this trend can be seen in markets from TVs to college, as this Bureau of Labor Statistics chart wonderfully illustrates.

Armed with their good old playbook, these activists have declared war and are unapologetic in their efforts to spread mistruths that will hopefully trick enough people into believing that burdensome overregulation of the Internet is our only choice. Instead of commonsense and transparency, they opt for radical ideological warfare.

One point to clarify is that these pretend consumer advocates are not on their white horses, brandishing their swords and shields, to save your “free and open Internet.” That is what they desperately want you to believe.

The activists are supporters of the deceptively titled “net neutrality," which treats Internet service providers as public utilities, like electric companies. Net neutrality is not neutral at all. It would appoint a bureaucrat to play referee over the Internet, which it doesn’t need, but even worse, that referee would only call fouls on one team. That means that it is nearly impossible (Greek mythology-type impossible) for net neutrality to bring down costs.

Their efforts now focus on protecting a set of 2015 rules put in place by former President Barack Obama and his Federal Communications Commission known as Title II, which classifies Internet service providers as public utilities, like electricity, gas, and water. That is the contentious point in this debate, not the issue of a free and open Internet.

These groups are raising an all-out policy war and kicking dust in the air because of the current FCC’s intent to reverse this crippling 2015 rule, which not only prioritizes certain companies over others but it also manipulates the very foundation of how our nation’s markets work.

The irrefutable economic truth is that more regulation like Title II equals more costs and less innovation.

A market doesn’t become more efficient when a bureaucrat tries to step in and dictate how decisions are to be made and how a market/service/transaction is going to run. That kind of meddling always slows things down, both Internet speeds and innovation, because even if a better solution is found, old regulations can stifle the marketplace and hurt consumers. Think of the way taxi unions have tried to stop ride-share programs like Uber and Lyft.

For example, this trend can be seen in markets from TVs to college, as this Bureau of Labor Statistics chart wonderfully illustrates.

The trend is obvious, but many on the left still think they can regulate an industry into submission. They can use the stick instead of the carrot to encourage innovation and competition. Markets just don’t work that way.

Regulation is an extra constraint, and the way to create more innovation is to eliminate constraints. In a lot of ways, that is the way that the Internet currently functions. The Internet catapulted us into the future because Internet providers and Silicon Valley were not hamstrung by excessive extortion: taxes, regulation, and unionization. Silicon Valley exploded because its barons followed Atlas Shrugged, not Haight-Ashbury.

In the lead up to a potential December vote on restoring Internet freedom at the FCC’s open meeting, there has been an uptick in events, congressional hearings, and commentary. While it’s no surprise that debate continues on the merits of Title II, the FCC needs to look one step further. If it really wants to restore and preserve Internet freedom, it needs a national framework to pre-empt a patchwork framework in the states, which is where the leftist activists will go next to try to get wins.

Sisyphus’s action of rolling his rock make sense, at least in the context of Greek Mythology. It’s his punishment. But this isn’t ancient Greece, and U.S. tech innovators shouldn’t be punished in similar fashion.

The leftist activist support of slow government bureaucracy to foster innovation from the Internet doesn’t make any sense. I guess, unless, they are trying to cheat the laws of economics. That might not be as punishable as cheating death, but maybe they should be “punished” by being forced to read Ludwig Von Mises' Human Action only to return to the riveting beginning of the economic page-turner when they are done.

A punishment for sure, but one which will likely lead to something greater: a faster, cheaper, less-regulated Internet.

Charles Sauer (@CharlesSauer) is a contributor to the Washington Examiner's Beltway Confidential blog. He is president of the Market Institute and previously worked on Capitol Hill, for a governor, and for an academic think tank.
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Apple's Real Reason for Finally Joining the Net Neutrality Fight



OVER THE PAST few months, as the Federal Communications Commission has moved closer to weakening net neutrality protections, countless tech companies have signaled their support for a strong and open internet. The lone voice missing through the debate: Apple. Yesterday, the final day to comment on the FCC's current net neutrality proceedings, the company finally broke its silence with a comment filed in support of strong rules to protect the open internet. But why, at the 11th hour and well after other tech giants joined the fight, is Apple speaking up now? And why, for that matter, is it speaking up at all?

Apple's filing outlines several key principles it sees as important for protecting the open internet: consumer choice, transparency, competition, investment and innovation, and a ban on paid fast lanes. "These key principles are reflected in the FCC’s current rules and should form the foundation of any net neutrality framework going forward," the filing says. "Apple remains open to alternative sources of legal authority, but only if they provide for strong, enforceable, and legally sustainable protections, like those in place today."

Apple hasn't always stood up for these principles. In 2009, the company was caught blocking Skype calls from iPhones at the request of AT&T, a textbook example of violating net neutrality. Apple was conspicuously missing from a 2014 open letter signed by 100 different tech companies–including Amazon, Google, Facebook, and Microsoft–in support of net neutrality. It didn't join the Internet Association, a coalition of internet heavyweights that has lobbied in support of open internet rules, nor did it participate in this year's Day of Action.

The first sign that Apple was rethinking its position came earlier this year, when CEO Tim Cook voiced support for net neutrality regulations during a shareholder meeting earlier this year. "We stay out of politics but stay in policy," Cook said during the meeting, according to 9to5Mac. "If net neutrality became a top thing, we would definitely engage in it."
So what made Cook and co. decide that net neutrality was "a top thing?" Apple didn't respond to a request for comment on why the company held off for so long. And given that its fellow tech giants have already thrown their lobbying weight behind net neutrality, Apple's support for net neutrality probably won't do much to sway the FCC at this point. (It might motivate the company's cult following to start paying attention to the issue, which could make a difference as the fight shifts from the FCC to courts and Congress.)

The real significance of Apple's filing is what it says about the company's future. The company has long aspired to be more than just a hardware company, and now that Apple is in the streaming video business, net neutrality will become increasingly important to the company's bottom line. Apple's first two original shows Carpool Karaoke and Planet of the Apps debuted this year, and it reportedly plans to spend $1 billion to produce even more content. If companies like AT&T and Verizon can hobble Apple's streams while boosting their own, it could be a real problem for Cupertino's video (and revenue) ambitions.

Yes, Apple's interest in net neutrality is likely driven by its business agenda. The same goes for the other tech giants lobbying to preserve the FCC regulations. But as the FCC moves forward with its plan to gut net neutrality, the open internet will need all the support it can get.

Why You Should Care About Net Neutrality?

A world without net neutrality might end up meaning that you have to pay more to access the internet content that you want. But it also might crush innovation.

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Tumblr Goes Radio Silent On Net Neutrality After Verizon Acquisition

Back when Verizon first began expressing interest in pivoting from broadband duopolist to media and advertising, you might recall that it launched a short-lived technology blog named Sugarstring. Sugarstring quickly made headlines for all the wrong reasons however, after it was revealed that Verizon was banning any new hires from writing about hot-button subjects like net neutrality, or the fact that companies like Verizon and AT&T are now bone-grafted to the nation's intelligence and surveillance apparatus.

Sugarstring is long-since dead, replaced in large part by Verizon's acquisitions of Yahoo and AOL, which also brought Huffpo, Engadget, and Techcrunch under the Verizon umbrella. And while Verizon itself has been busy using fake reporters to blatantly lie about the company's ongoing role in killing net neutrality, there's no indication (yet) that the company has pressured any of its own news outlets to quiet down on the subject. In fact, we've noted previously that some of the best reporting on net neutrality in recent months has originated at TechCrunch (this piece in particular is worth a read).
But while Verizon hasn't yet tried to get its own news outlets to quiet down on net neutrality, other now-Verizon-owned companies that used to be very active on the subject have gone dead quiet. Case in point: Tumblr, which was an integral ally in the SOPA/PIPA fight and an outspoken protector of net neutrality, is now utterly radio silent as FCC boss Ajit Pai attempts to kill the popular consumer protections. Insiders at the company this week expressed their concern to the Verge that Verizon is pressuring CEO David Karp to keep his mouth shut on the subject:

"Now, multiple sources tell The Verge that employees are concerned that Karp has been discouraged from speaking publicly on the issue, and one engineer conveyed that Karp told a group of engineers and engineering directors as much in a weekly meeting that took place shortly after SXSW. “Karp has talked about the net neutrality stuff internally, but won’t commit to supporting it externally anymore,” the engineer said. “[He] assures [us] that he is gonna keep trying to fight for the ability to fight for it publicly.” Karp did not respond to four emails asking for comment, and neither Yahoo nor Tumblr would speak about the matter on the record."

Granted Karp may just have toned down the company's rhetoric voluntarily to avoid ruffling feathers during the transition. And obviously any time a smaller company gets acquired by a larger conglomerate (especially from the historically droll and stodgy telecom sector) you'll see a major culture shift that often isn't for the better. Still, Verizon's positions on subjects like net neutrality are so hostile, Tumblr employees have grown increasingly uneasy in recent weeks, which could lead to an exodus of talent at the company:

“Some of our previous stances on issues that are really important to Tumblr employees and its community are being silenced,” said the former employee. “We've been really noisy about things like net neutrality in the past. We asked the new Head, Simon Khalaf, about it in an all-hands a few weeks ago and he said it was ‘not his problem’ and ‘above his pay grade.’” A current employee and another former employee corroborated this account."
It's unfortunate to have lost Tumblr's voice in the net neutrality fight, especially given that other industry giants like Google and Netflix have similarly gone mute on the subject, leaving consumers and small businesses increasingly alone in fighting for something vaguely resembling an open and healthy internet. And while you'd like to think Verizon is above trampling the editorial independence of former AOL and Yahoo news outlets, Verizon's Sugarstring experiment should make it pretty clear that ham-fisted attempts at censorship aren't exactly out of character for the telco.

For now, however, Verizon appears content to try and use entirely fake journalists like "Jeremy" to spread misinformation on net neutrality, as evident by this recent, comically misleading video by the company:

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Net Neutrality Is Dying. Speak Out Now Before It's Too Late


“Come on! The internet is an incredible place!” said comedian and political commentator John Oliver, “And tonight, we need to talk about an issue that is impacting it.” He was just one of the many advocates of a free and open internet who were using the public forum to spread awareness on the threats that the internet is about to face. On May 18, 2017, the current Federal Communications Commission (FCC) led by Chairman Ajit Pai voted 2-1 on a motion to repeal rules and regulations put in place by his predecessor to ensure a free and open internet for all.

The motion, if sustained during a second vote held after the FCC is fully staffed later this year, would mean the repelation of the so-called net neutrality regulations that were put into place by retired FCC Chairman Tom Wheeler to ensure that internet service providers like Comcast, AT&T and Verizon cannot discriminate against various types of internet traffic in a way that suits their businesses. This would give popular broadband companies and internet service providers greater monopoly in their services, allowing them to regulate and alter the people’s access to the internet in a way that suits their needs.

The question of net neutrality is a rather big one, and significantly more important than being able to decide what streaming service you want to use or what search engine you wish to access, though that alone should be incentive enough to speak up. If the proposal put forward by FCC Chairman Ajit Pai falls into place, it would allow internet service providers to block, throttle and fast-lane various parts of the internet at will, potentially regulating and censoring your entire web-surfing experience and forcing you to stick to the destinations that pay protection money to these cable and broadband companies. It would effectively lead to the monopolization of a free institution that since the 1980s has served as the freest and most democratic source of unbridled information.

It is only rarely that we get to see big corporations the likes of Google and Facebook take up the cause of ordinary citizens on a massive scale, but when we do, it is assured that the matter at hand is an important one. When it came to net neutrality, however, we saw our entire country, rich, poor, democrat, republican, independent and corporate, come together to support an idea that is necessary for the growth and prosperity of our data nation as a whole. That is because net neutrality is an idea that anyone can get behind, one that promotes free and equal access to information for every citizen of the country, and initiative that is not only desirable but also essential for the growth of our country and the entire world from an information perspective.

Thankfully for us, the fight isn’t over yet. A huge number of organizations, small and large, are coming together on July 12 to protest the current administration's blatant disregard of public opinion in their decision to break net neutrality, and it is the hope of these participants that, with the correct amount of attention, they can force the government to take notice regarding an issue that should clearly be independent and bipartisan, much like climate change and affordable healthcare.

If you or anyone you know considers themselves an informed citizen of the country and of the internet, one that is prepared to fight for its freedom and in turn, the freedom of the people, I request you to join now by signing up at this website to participate in the massive protest being held on July 12 to demonstrate our apartisan love for net neutrality and the principles that govern it. Remember, the only thing necessary for the triumph of evil is for good men to do nothing.

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Netflix Joins Support of Net Neutrality


July 12 will be a national day of action for net neutrality, and Netflix has finally announced it will be fully participating.

During the Obama years, Netflix was a major player on the front lines of the fight for ensuring net neutrality. As a streaming service, Netflix theoretically relies on net neutrality to ensure internet providers don’t slow down their streaming speed in order to elevate cable programs.

But Netflix hasn’t seemed to be as enthusiastic as of late, even as the FCC under Ajit Pai, a former cable lobbyist appointed by Trump, poses the most grave threat to net neutrality we’ve ever seen.

Netflix CEO Reed Hastings recently said, “We think net neutrality is incredibly important, [but] not narrowly important to us because we’re big enough to get the deals we want.”


This raised concerns that Netflix had grown too big for it’s britches and that the fight for net neutrality had lost one of its most powerful forces.

But a few days ago, Netflix released another statement saying, “Netflix will never outgrow the fight for net neutrality. Everyone deserves an open Internet.” A Netflix spokesperson also added, “”We support strong net neutrality protections, even if we are at less risk because of our popularity. There are other companies for whom this is a bigger issue, and we’re joining this day of action to ensure the next Netflix has a fair shot to go the distance.”

Some have said that Netflix’s response was just a PR ploy and they’re just doing this to save face because of growing public pressure. That may be true, but ultimately it doesn’t matter. It’s great that there’s enough public zeal out there to put pressure on companies, and it’s great that Netflix has reaffirmed its position regardless of their motive.

Maybe Netflix really is big enough now to have sufficient negotiating power to take care of themselves when it comes to streaming speeds and dealing with ISPs. But the internet-based video streaming industry as a whole needs net neutrality and would be one of the hardest hit mediums if Pai and cable providers have their way.

Without net neutrality, cable providers can prioritize cable TV in ways that will attempt to deter people from using various online video streaming platforms. Imagine going to Youtube, Amazon or Netflix and seeing a message saying something along the lines of, “To access this site you must pay $5.99/month access fee to your internet provider. If you would like to be able to stream without buffering for 10 minutes or more, an additional $2 fee will be added for each video.”

It’s impossible to overstate the importance of the what’s going on with net neutrality right now. Regardless of what you think of Netflix, it’s a huge relief to have them, and all their lobbying resources, in the fight.

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Verizon could be sued by NYC over reportedly broken FiOS promises


A number of New York City officials said they are considering suing Verizon (NYSE: VZ) for not meeting their proposed FiOS buildout obligations set in their 2008 franchise agreement.

"We want them to make it available to everyone in every ZIP code and on every block so that everyone can get online, to do research, to do their homework," said Maya Wiley, the chief lawyer for Mayor de Blasio, in a New York Times article. "We need our residents to get online."

Wiley said that her staff was working with Verizon and would like avoid a lawsuit, adding that "if that's what we have to do, then that's what we'll do."

John Bonomo, a Verizon spokesman told FierceTelecom in an e-mail that it wants to resolve the issues it has with the city in order to extend FiOS to more users.

"We want to work with the city administration on a workable solution to this and other impediments so that all New Yorkers can benefit from FIOS," Bonomo said. "In completing this massive infrastructure achievement, the company has both provided New Yorkers hundreds of thousands of New Yorkers with a choice for better TV, and a better value over the incumbent cable TV monopoly companies, and it has provided the City with a resilient, reliable telecommunications infrastructure that is the envy of cities the world over."

Verizon and the city have not been on the greatest of terms lately.
In June, an audit conducted by the New York City's Department of Information Technology and Telecommunications found that Verizon failed to deliver on its promise to provide fiber-optic service for television and broadband to anyone who wants it by 2014.

Perhaps not surprisingly, Verizon was quick to dismiss the audit, saying it was based upon erroneous information and incorrect interpretations of the company's franchise deal that was signed with the city in 2008, which allowed it to deploy FiOS throughout the city.

Following the audit, NYC Mayor Bill de Blasio began requiring city hall to approve any business local agencies do with the service provider, a measure focused on getting it to fulfill its goal to wire the city with FiOS fiber-to-the-premises (FTTP) service.

Under the terms of the agreement, Verizon agreed to pass all 3 million homes in New York City by the end of 2014, an obligation that the telco said it has met.

"By installing fiber-optic cables throughout the five boroughs -- an initiative no other communications company has done -- Verizon has met its commitment to New York City under the cable television franchise it was awarded in 2008," Bonomo said. 

According to city officials, FiOS is not available in large parts of the city, including the Co-op City complex in the Bronx, which comprises more than 15,000 apartments and whose residents say they want FiOS. 

Bonomo said that "Co-Op City has an exclusive agreement with Cablevision, which could make it unprofitable for us to market FiOS there."

Verizon has long argued that one of the issues it has run into in building out FTTH service to more areas of the city are landlords that restrict access to their facilities.

Kevin Service, senior vice president for network operations for Verizon, told theNew York Times as a way to illustrate the point of the challenges it faces with properties owners if it wants to wire 118th Street in East Harlem it will have to work with multiple property owners.

"To get to the 10th floor in the middle of the block," he said, "we've got to talk to not only that building, but the three buildings on one side and the four buildings on the other side."
For more:

New York Times has this article

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Net Neutrality Is on trial: Help defend it !!


The big cable companies are back — and this time they're going through the courts to try to kill the Net Neutrality rules we won earlier this year. Activists are filing a "People's Brief" in a few days to make sure that the court understands just how important Net.


Spread the word!!

Neutrality is: To read the brief and add your name to sign on.

CLICK HERE

F.C.C. Net Neutrality Rules Clear Hurdle as Republicans Concede to Obama


Photo
Senator John Thune, Republican of South Dakota, said that Democrats were lining up with President Obama in favor of the F.C.C. position on net neutrality. Credit Jabin Botsford/The New York Time


WASHINGTON — Senior Republicans conceded on Tuesday that the grueling fight with President Obama over the regulation of Internet service appears over, with the president and an army of Internet activists victorious.

The Federal Communications Commission is expected on Thursday to approve regulating Internet service like a public utility, prohibiting companies from paying for faster lanes on the Internet. While the two Democratic commissioners are negotiating over technical details, they are widely expected to side with the Democratic chairman, Tom Wheeler, against the two Republican commissioners.

And Republicans on Capitol Hill, who once criticized the plan as “Obamacare for the Internet,” now say they are unlikely to pass a legislative response that would undo perhaps the biggest policy shift since the Internet became a reality.


“We’re not going to get a signed bill that doesn’t have Democrats’ support,” said Senator John Thune, Republican of South Dakota and chairman of the Senate Commerce Committee. “This is an issue that needs to have bipartisan support.”

The new F.C.C. rules are still likely to be tied up in a protracted court fight with the cable companies and Internet service providers that oppose it, and they could be overturned in the future by a Republican-leaning commission. But for now, Congress’s hands appear to be tied.

The F.C.C. plan would let the agency regulate Internet access as if it is a public good. It would follow the concept known as net neutrality or an open Internet, banning so-called paid prioritization — or fast lanes — for willing Internet content providers.

In addition, it would ban the intentional slowing of the Internet for companies that refuse to pay broadband providers. The plan would also give the F.C.C. the power to step in if unforeseen impediments are thrown up by the handful of giant companies that run many of the country’s broadband and wireless networks.

Republicans hoped to pre-empt the F.C.C. vote with legislation, but Senate Democrats insisted on waiting until after Thursday’s F.C.C. vote before even beginning to talk about legislation for an open Internet. Even Mr. Thune, the architect of draft legislation to override the F.C.C., said Democrats had stalled what momentum he could muster.

And an avalanche of support for Mr. Wheeler’s plan — driven by Internet companies as varied as Netflix, Twitter, Mozilla and Etsy — has swamped Washington.

“We’ve been outspent, outlobbied. We were going up against the second-biggest corporate lobby in D.C., and it looks like we’ve won,” said Dave Steer, director of advocacy for the Mozilla Foundation, the nonprofit technology foundation that runs Firefox, a popular Web browser, referring to the cable companies. “A year ago today, we did not think we would be in this spot.”

The net neutrality movement pitted new media against old and may well have revolutionized notions of corporate social responsibility and activism. Top-down decisions by executives investing in or divesting themselves of resources, paying lobbyists and buying advertisements were upended by the mobilization of Internet customers and users.

“We don’t have an army of lobbyists to deploy. We don’t have financial resources to throw around,” said Liba Rubenstein, director of social impact and public policy at the social media company Tumblr, which is owned by Yahoo, the large Internet company, but operated independently on the issue. “What we do have is access to an incredibly engaged, incredibly passionate user base, and we can give folks the tools to respond.”

Internet service providers say heavy-handed regulation of the Internet will diminish their profitability and crush investment to expand and speed up Internet access. It could even open the web to taxation to pay for new regulators.

Brian Dietz, a spokesman for the National Cable & Telecommunications Association, said the pro-net-neutrality advocates turned a complex and technical debate over how best to keep the Internet operating most efficiently into a matter of religion. The forces for stronger regulation, he said, became viewed as for the Internet. Those opposed to the regulation were viewed as against the Internet.

The Internet companies, he said, sometimes mislead their customers, and in some cases, are misled on the intricacies of the policy.

“Many of the things they have said just belie reality and common sense,” he said.
In April, a dozen New York-based Internet companies gathered at Tumblr’s headquarters in the Flatiron district to hear dire warnings that broadband providers were about to obtain the right to charge for the fastest speeds on the web.

The implication: If they did not pony up, they would be stuck in the slow lane.

What followed was the longest, most sustained campaign of Internet activism in history. A swarm of small players, like Tumblr, Etsy, BoingBoing and Reddit, overwhelmed the giants of the broadband world, Comcast, Verizon Communications and Time Warner Cable. Two of the biggest players on the Internet, Amazon and Google, largely stayed in the background, while smaller participants — some household names like Twitter and Netflix, others far more obscure, like Chess.com and Urban Dictionary — mobilized a grass-roots crusade.

“Our community is the source of our power,” said Althea Erickson, director of public policy at Etsy, an online craft market, where users embroidered pillows and engraved spoons promoting net neutrality.
In mid-October, the tech activist group Fight for the Future acquired the direct telephone numbers of about 30 F.C.C. officials, circumventing the agency’s switchboard to send calls directly to policy makers. That set off a torrent of more than 55,000 phone calls until the group turned off the spigot on Dec. 3.

In November, President Obama cited “almost four million public comments” when he publicly pressured the F.C.C. to turn away from its paid “fast lane” proposal and embrace a new regulatory regime.
Since then, the lobbying has grown only more intense. Last week, 102 Internet companies wrote to the F.C.C. to say the threat of Internet service providers “abusing their gatekeeper power to impose tolls and discriminate against competitive companies is the real threat to our future,” not “heavy-handed regulation” and possible taxation, as conservatives in Washington say.
Republicans have grown much quieter under the barrage.

“Tech companies would be better served to work with Congress on clear rules for the road. The thing that they’re buying into right now is a lot of legal uncertainty,” said Mr. Thune. “I’m not sure exactly what their thinking is.”

Mr. Thune said he was still willing to work with Democrats on legislation that he said would do what the F.C.C. is trying to accomplish, without a heavy regulatory hand: Ban paid “fast lanes” and stop intentional slowdowns — or “throttling” — by broadband companies seeking payment from Internet content providers.
But even he said Democrats were ready to let the F.C.C. do the job.
 
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Net Neutrality: What You Need to Know Now

What happened?

In May 2014, FCC Chairman Tom Wheeler released a plan that would have allowed companies like AT&T, Comcast and Verizon to discriminate online and create pay-to-play fast lanes.

Millions of you spoke out — and fought back.

Thanks to the huge public and political outcry, Wheeler shelved his original proposal, and on Feb. 4, 2015, he announced that he will base new Net Neutrality rules on Title II of the Communications Act, giving Internet users the strongest protections possible.

The FCC will vote on Wheeler’s proposal at its Feb. 26 meeting. If all goes well, it will be a watershed victory for activists who have fought for a decade to protect the open Internet.

What is Net Neutrality?

Net Neutrality is the Internet’s guiding principle: It preserves our right to communicate freely online. This is the definition of an open Internet.
 
Net Neutrality means an Internet that enables and protects free speech. It means that Internet service providers should provide us with open networks — and should not block or discriminate against any applications or content that ride over those networks. Just as your phone company shouldn't decide who you can call and what you say on that call, your ISP shouldn't be concerned with the content you view or post online.
 
Without Net Neutrality, cable and phone companies could carve the Internet into fast and slow lanes. An ISP could slow down its competitors' content or block political opinions it disagreed with. ISPs could charge extra fees to the few content companies that could afford to pay for preferential treatment — relegating everyone else to a slower tier of service. This would destroy the open Internet.
 

What was the FCC’s ‘Open Internet Order’?

The FCC’s 2010 order was intended to prevent broadband Internet service providers from blocking or interfering with traffic on the Web. The Open Internet Order was generally designed to ensure the Internet remained a level playing field for all — that's the principle we call Net Neutrality (we say “generally,” since the FCC’s rules prohibited wired ISPs from blocking and discriminating against content, while allowing wireless ISPs to discriminate against but not block websites).
 
In its January 2014 ruling, the court said that the FCC used a questionable legal framework to craft the Open Internet Order and lacked the authority to implement and enforce those rules.
 

Did the court rule against Net Neutrality? 

No. The court ruled against the FCC's ability to enforce Net Neutrality under the shaky legal foundation it established for those rules. The court specifically stated that its “task as a reviewing court is not to assess the wisdom of the Open Internet Order regulations, but rather to determine whether the Commission has demonstrated that the regulations fall within the scope of its statutory grant of authority.”
 
When the FCC made its open Internet rule, it relied on two decisions made by the Bush-era FCC, rulings that weakened the FCC’s authority over broadband Internet access network providers. There is nothing in the January court decision that prohibits the FCC from reversing those misguided decisions and reclassifying ISPs as common carriers.
 
In fact, both this decision and a prior Supreme Court decision clearly establish that the FCC must reclassify broadband if it wishes to prohibit practices like blocking websites or discriminating against apps.
 

What does ‘reclassify’ mean? 

When Congress enacted the 1996 Telecommunications Act, it didn’t want the FCC to treat websites and other Internet services the same way it treats the local access networks that enable people to get online. Congress understood that the owners of the access networks have tremendous gatekeeper power, and so it required the FCC to treat these network owners as “common carriers,” meaning they couldn’t block or discriminate against the content that flows across their networks to/from your computer.
 
However, in a series of politically motivated decisions first by FCC Chairman Michael Powell (now the cable industry’s top lobbyist) and then by FCC Chairman Kevin Martin, the FCC decided to classify broadband Internet access service as an “information service,” meaning that the law sees it as no different from a website like freepress.net or an online service like LexisNexis. These decisions removed the FCC’s ability to prohibit ISPs from blocking or discriminating against online content (it also removed the FCC’s ability to ensure that ISPs protect your privacy). 
 
In Verizon vs. FCC, the court stated that the FCC lacks authority because of “the Commission’s still-binding decision to classify broadband providers not as providers of ‘telecommunications services’ but instead as providers of ‘information services.’” 
 
The FCC is free to revisit those prior classification decisions. If the FCC votes to define broadband as what we all know it is — a connection to the outside world that is merely faster than the phone lines we used to use for dial-up access, phone calls and faxes — then it can “reclassify” the transmission component of an ISP’s service back under the law as a “telecommunications service.”
 
Doing so would give the FCC authority to adopt Net Neutrality rules and/or intervene if ISPs harm the open Internet through discriminatory practices.
 

What has the FCC proposed for a vote?

Chairman Wheeler plans to introduce “the strongest open Internet protections ever proposed by the FCC” for a vote on Feb. 26. Wheeler's rules, based on Title II of the Communications Act, will ban throttling, blocking and paid prioritization.
 
While the public hasn't yet seen the full text of Wheeler’s proposal, early press reports and the chairman’s own comments look promising.  
 

Why is Net Neutrality important for businesses?

Net Neutrality is crucial for small business owners, startups and entrepreneurs, who rely on the open Internet to launch their businesses, create a market, advertise their products and services, and distribute products to customers. We need the open Internet to foster job growth, competition and innovation.

Net Neutrality lowers the barriers of entry for entrepreneurs, startups and small businesses by ensuring the Web is a fair and level playing field. It’s because of Net Neutrality that small businesses and entrepreneurs have been able to thrive on the Internet. They use the Internet to reach new customers and showcase their goods, applications and services.
No company should be able to interfere with this open marketplace. ISPs are by definition the gatekeepers to the Internet, and without Net Neutrality, they will seize every possible opportunity to profit from that gatekeeper control.
Without Net Neutrality, the next Google being built in a garage somewhere will never get off the ground.

Why is Net Neutrality important for communities of color?

The open Internet allows communities of color to tell their own stories and to organize for racial and social justice in the digital age.

The mainstream media have often failed to allow people of color to speak for themselves. And thanks to economic inequality and runaway media consolidation, people of color own just a handful of broadcast stations. The lack of diverse ownership is a primary reason why the media have gotten away with portraying communities of color stereotypically.

The open Internet gives marginalized voices an opportunity to be heard. But without Net Neutrality, ISPs can block unpopular speech and prevent dissident voices from speaking freely online. Without Net Neutrality, people of color will lose a vital platform to shape debates on issues that impact their communities’ well-being.

And without Net Neutrality, millions of small businesses owned by people of color won't be able to compete against larger corporations online, which will further deepen the economic inequality in our nation’s most vulnerable communities.

So what can we do now?

On Feb. 26, the FCC will vote on rules that use Title II to protect real Net Neutrality. If all goes well, it will be a watershed victory for activists who have fought for a decade to protect the open Internet.
Unfortunately, the cable and phone companies are doing everything they can to weaken these rules before the vote. And members of Congress are also trying to stop the FCC.
Go here to find out how you can help.


Read More >>

Obama Urges F.C.C. to Adopt Strict Rules on Net Neutrality



WASHINGTON — President Obama on Monday put the full weight of his administration behind an open and free Internet, calling for a strict policy of so-called net neutrality and formally opposing deals in which content providers like Netflix would pay huge sums to broadband companies for faster access to their customers.
The president’s proposal is consistent with his longstanding support for rules that seek to prevent cable and telephone companies from providing special access to some content providers. But the statement posted online Monday, as Mr. Obama traveled to Asia, is the most direct effort by the president to influence the debate about the Internet’s future.
In the statement, and a video on the White House website, Mr. Obama urged the Federal Communications Commission to adopt the strictest set of neutrality rules possible and to treat consumer broadband service as a public utility, similar to telephone or power companies.


“We cannot allow Internet service providers to restrict the best access or to pick winners and losers in the online marketplace for services and ideas,” Mr. Obama wrote in the statement.
The F.C.C. is an independent agency not subject to Mr. Obama’s direct authority. But the president is adding his voice to the 3.7 million people who submitted comments to the agency, most on behalf of a free and open Internet in which broadband companies could not pick which content would arrive quickly and which would be slowed down.
Mr. Obama said that new rules under consideration by the F.C.C. should adhere to several key principles: No website or service should be blocked by an Internet service provider; no content should be purposefully slowed down or sped up; there should be more transparency about where traffic is routed; and no paid deals should be made to provide a speed advantage to some providers over others in delivering content.


That last principle would directly affect some of the megadeals already being made by companies like Netflix, whose video streaming service has been gobbling up bandwidth and slowing down the Internet as millions of people attempt to watch movies and television shows on their computers and tablets.
Earlier this year, Netflix struck a deal with Comcast under which it pays Comcast for a direct connection into its broadband network so subscribers experience less delay in viewing Netflix’s streaming video.
Mr. Obama said he opposed such deals and urged the commission to adopt rules that would prevent them.
“Simply put: No service should be stuck in a ‘slow lane' because it does not pay a fee,” Mr. Obama wrote. “That kind of gatekeeping would undermine the level playing field essential to the Internet’s growth. So, as I have before, I am asking for an explicit ban on paid prioritization and any other restriction that has a similar effect.”
Tom Wheeler, chairman of the Federal Communications Commission, on Monday said he welcomed the president’s input and said he agreed that the Internet should remain free and open. But he did not say whether he would fully support reclassifying broadband as a utility. He did say, however, that the F.C.C. would need more time to formulate its rules, meaning that a proposal was unlikely to come by the end of the year.
Mr. Wheeler had most recently been leaning toward a hybrid approach to net neutrality, one that would keep a light touch on the consumer end of Internet service but that would apply the more strict Title II oversight to the relationship between an Internet service provider and content companies.
“Whether in the context of a hybrid or reclassification approach,” he said, “Title II brings with it policy issues that run the gamut from privacy to universal service to the ability of federal agencies to protect consumers, as well as legal issues ranging from the ability of Title II to cover mobile services to the concept of applying forbearance on services under Title II.”


“We found we would need more time to examine these to ensure that whatever approach is taken, it can withstand any legal challenges it may face,” he said.
Reaction from some of the biggest broadband companies was swift and negative. Shares of some of the big broadband providers, including Comcast and Time Warner Cable, were down about 3 percent on Monday morning.
Verizon, which brought the court challenge that struck down the F.C.C.'s 2010 rules on net neutrality, called Mr. Obama’s proposal “a radical reversal of course that would in and of itself threaten great harm to the Internet.”
Both Verizon, which provides both wired and wireless broadband services, and CTIA-The Wireless Association, the leading mobile phone association, also decried Mr. Obama’s call to apply net neutrality rules to wireless broadband.
“Imposing antiquated common carrier regulation, or Title II, on the vibrant mobile wireless ecosystem would be a gross overreaction,” said Meredith Attwell Baker, president and chief executive of the trade association and a former Republican commissioner for the F.C.C.
Such action “would impose inappropriate regulation on a dynamic industry and would threaten mobile providers’ ability to invest and innovate, all to the detriment of consumers,” she said.
Consumers groups hailed the president’s statement. Gene Kimmelman, president of Public Knowledge, said: “Today the Obama administration expanded its leadership to promote an open Internet by supporting the strongest tools to prevent blocking or throttling of Internet traffic, and by also supporting the strongest tools to deter fast lanes and prioritized traffic on the public’s most essential communications platform of the 21st century.”
Video

Play Video|2:53

How Net Neutrality Works

The future of protecting an open Internet has been the subject of fierce debate, and potential changes to the rules by the Federal Communications Commission could impact your online experience.
Video by Natalia V. Osipova and Carrie Halperin on Publish Date May 15, 2014.
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We petition the obama administration to: President Obama, Lets Preserve Net Neutrality. Lets start treating broadband like a communications service!

We petition the obama administration to:

President Obama, Lets Preserve Net Neutrality. Lets start treating broadband like a communications service!

The FCC is spitting in the eyes of the millions of Americans who demanded real Net Neutrality by reclassifying ISP's as Title II services.
We need the FCC to implement a strong Title II rule that bans fees and discrimination.
If they don’t, Obama will go down in history as the president who broke the Internet.
But there’s hope:
FCC Chairman Tom Wheeler can correct the agency’s past mistakes and truly protect our nation’s communications infrastructure. The agency must take the necessary steps to make broadband networks open, accessible, reliable and affordable for everyone.
Tell the FCC to do its job and preserve the openness of the Internet.

SIGN PETITION HERE

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