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Re:Ajit Pai is right by thehardsphere on Tuesday November 28, 2017 @12:17PM (#15799179)
Did I miss some new proposal that Ajit Pai has put forward?

It is my understanding that "The rules Ajit Pai wants in place" were in place from sometime during the ninties or earlier, until 2015. That is, Ajit Pai merely wishes to undo a rule that was only in force from 2015 to the present.

Am I mistaken? Because I think the world you say you don't want to live in is the one we actually did live in for most of the history of the Internet, unless I'm missing something.

Re:Ajit Pai is right by dd36 on Tuesday November 28, 2017 @12:28PM (#15799309)
Verizon sued to destroy the prior regulatory scheme leaving Title II - per the courts - as the only workable regulatory scheme for NN.

Pai so happens to have been a Verizon lawyer. Surely no coincidence.

Edit: I’m not sure why I’m being downvoted: https://en.m.wikipedia.org/wiki/Verizon_Communications_Inc._...

Re:Ajit Pai is right by thehardsphere on Wednesday November 29, 2017 @02:23PM (#15809956)
Mr. Pai's personal entanglements with Verizon aside, didn't the previous regulatory scheme only exist from 2010 on? Or was there prior regulation that the "FCC Open Internet Order of 2010" superceded? I'm asking because some comments seem to suggest the answer is "Yes, we already had this in another form before 2010" but there's scant mention of it on Wikipedia.
Re:Ajit Pai is right by cptskippy on Tuesday November 28, 2017 @12:41PM (#15799447)
The fundamental flaw in your argument is that you're failing to ask one very important question. Why was the rule put in place in 2015?

Most regulations, like laws, are reactive in nature.

If our existing laws and regulations were good enough then why would we need to elect new law makers? Why would we even need them at all?

The fact is that people are constantly finding new and creative ways to exploit others and or ever evolving laws and regulations are a response to this exploitation.

Re:Ajit Pai is right by thehardsphere on Tuesday November 28, 2017 @01:21PM (#15799882)
Actually, I am asking that. Several other commentors have asserted that "the world changed" a few years before the rule passed, yet nobody has really explained in detail how. So far I've gotten a hypothetical about Wal-Mart paying ISPs to destroy Amazon, which didn't actually happen. (Though I haven't read other responses yet, so maybe there's something more here I just have missed.)

But, let's take a closer look at what you just said here. You are correct that many laws and regulations are reactive in nature. That doesn’t automatically justify them. As a matter of fact, it is often the case that the most reactive laws and regulations can be some of the worst, as has constantly been demonstrated from September 11, 2001 to the present day. I mean, there is a real problem with terrorism, but that real problem doesn't automatically justify banning travel from 8 majority-Muslim countries, does it?

At least in the terrorism example, I have some understanding of how terrorism exploits people, and that makes it possible to debate how to use the government to protect people from that exploitation (or to protect other people from exploitation by the government, in the name of protecting people from explotation). Individual acts of terrorism have been clearly identified and publicized, so it is possible to have a coherent public policy discussion. But in the net neutrality case, everyone either discusses:

1. Hypotheticals, like Wal-Mart paying Comcast to destroy Amazon 2. Court cases that... actually were resolved in court under anti-trust law 3. Assertions that new censorship will take place like we've never seen before, even though we'd be going back to the pre-2015 status quo.

Despite sounding flippant about it, I don't actually mean to. People here are pretty smart, so if they're all worked up about it, I must be the one missing something. I would just like someone to coherently explain what that is.

Re:Ajit Pai is right by cptskippy on Tuesday November 28, 2017 @01:45PM (#15800112)
The example that immediately come to mind involves Netflix and Comcast. I believe it was these shenanigans that prompted the rule changes in 2015.

This article gives a good overview of the strategy Comcast employed.

https://qz.com/256586/the-inside-story-of-how-netflix-came-t...

Re:Ajit Pai is right by takeda on Tuesday November 28, 2017 @01:38PM (#15800055)
The reason FCC made change in 2015, because in 2014 court ruled that with prior classification, FCC had no authority to enforce anything unless they reclassify the Internet.

Before the ruling, the companies were still respecting what FCC said (here are some cases that happened between 2002 (when FCC reclassified Internet as a telecommunication service) and 2015[1]), now the cat is out of the bag.

Also note that 2015 change essentially brought back what was changed in 2002.

[1] https://www.freepress.net/blog/2017/04/25/net-neutrality-vio...

Re:Ajit Pai is right by jyrkesh on Tuesday November 28, 2017 @01:48PM (#15800139)
So in all of the cases listed in your citation, was it the FCC that censured them in order to get the corrective behavior?

I'm cherrypicking here, but as an avid Bittorrent user, I remember there being significant debate with the community about the extent and methods that Comcast was using to "throttle" Bittorrent. (And I can honestly say that I was never impacted by them.) And I say this as someone who despises Comcast (regretfully, I'm stuck with them even today).

In any case, it doesn't pop out at me that many of those violations were actually mitigated by the FCC. E.g. Google Wallet got blocked, but Isis(sic)/Softcard was just terrible. By the time it was dying, carriers were letting Google Wallet through and then Apple Pay paved the way for Android Pay.

And actually a few of them (like zero-rating in the case of MetroPCS), aren't negative in my mind. I get the "startups can't compete" thing, but particularly mobile data cabs are still necessary today, and I'm okay with innovative, pro-consumer pricing models that get mobile internet into the hands of more people (which is intuitively going to happen when non-incumbents are the ones doing the innovating).

Re:Ajit Pai is right by takeda on Tuesday November 28, 2017 @02:09PM (#15800346)
Net neutrality doesn't prevent data caps, all it does is stating that ISP has no business prioritizing/blocking one site over the other.

Essentially makes ISP just provide access to the Internet, and how you going to use it is all up to you.

From the examples you gave, how do you feel about blocking VoIP, tethering (even though they already had data caps, why do they care how I'm going to use the data allocated to me?) how do you feel about telus blocking access to site that was about labor strike by their employees, what if that would be used for political gains (blocking sites company doesn't agree with?)

As for bittorrent, question. If a company is offering internet connection with specific parameters and they then fail to deliver on that promise that's in my opinion a false advertising.

If they have so many consumers that they can't guarantee the speeds they provided it means they oversold, and they should be advertising it as a lower speed than they actually did.

As for MetroPCS I'm not sure what the zero rating thing is, I guess you're talking about them blocking all streaming except youtube. That's once again a false advertising. They do that so they could say they offer "unlimited" plans, even though they didn't.

As a consumer I want companies to be honest with me, what they are providing so I can know ahead when I make decision. Saying something is "Unlimited*" is misleading, because it's not really. The FCC also introduced "food labels" for ISPs which reduced their ability to lie to customers.

Re:Ajit Pai is right by dragonwriter on Tuesday November 28, 2017 @02:11PM (#15800362)
The world changed because the courts struck down the ability of the FCC to enforce net neutrality principles through case-by-case actions in 2010, and struck down the Title I net neutrality regulations that were adopted in 2010 in 2014. The US has had the FCC pursuing net neutrality enforcement for most of the time since 2004, but the tools have changed because of court rulings, which have left Title II the only tool left.
Re:Ajit Pai is right by michaelbrave on Wednesday November 29, 2017 @01:04AM (#15804942)
What most forget is that making them title II was a rollback in itself back to pre-2002, 2005 internet.
Re:Ajit Pai is right by thehardsphere on Wednesday November 29, 2017 @02:16PM (#15809871)
You mean Title II was a means of imposing rules from pre-2002, right?

I mean, ISPs were never considered "common carriers" before 2015, right? I'm trying to get the details straight.

Re:Ajit Pai is right by vdnkh on Tuesday November 28, 2017 @01:49PM (#15800151)
[dead]
Re:Ajit Pai is right by berbec on Tuesday November 28, 2017 @01:00PM (#15799661)
I find the government regulating the ISPs to stop them from killing competing businesses is not increasing my dependence on the government. I do depend on the government to stop corporations from forcing me to depend on their products while stopping competitors from entering the market. [1]

Isn't a free market with competition what everyone wants?

1: http://money.cnn.com/2011/12/06/technology/verizon_blocks_go...

Re:Ajit Pai is right by masklinn on Tuesday November 28, 2017 @01:17PM (#15799836)
That is funny, because the pre-2015 rules were only put in place in 2005, downgrading from a much more stringent regulatory environment than the post-2015 one.

And by funny I mean nonsensical.

Furthermore the 2015 move was undertaken because since 2005 the FCC had been enforcing Net Neutrality rules under Title I, but Verizon ultimately sued and in 2014 the courts decided the FCC did not have the authority to enforce these rules under Title I.

Re:Ajit Pai is right by thehardsphere on Tuesday November 28, 2017 @01:26PM (#15799927)
Really? It was my understanding that this was part of the Telecommunications Act of 1996. Am I mistaken?
Re:Ajit Pai is right by masklinn on Tuesday November 28, 2017 @01:47PM (#15800126)
Likely confused rather than mistaken. The Telecommunications Act set up the various titles and regulatory regimes, but the FCC decides which regime applies to whom, and until 2002 (Cable) and 2005 (dial-up and DSL) ISPs were classified as Title II, which is where the FCC put them back in 2015.

And the reason the FCC moved them back to Title II is that in 2014 the courts ruled the FCC's long-standing Net Neutrality rules could not actually be enforced under Title I.

Re:Ajit Pai is right by cptskippy on Tuesday November 28, 2017 @01:19PM (#15799858)
Couldn't something similar be said of companies?

Companies what regulations repealed: to increase the company's power while pretending to protect you, but in fact increasing your dependence of said company.

Why do you have more faith in companies than a government? Do you honestly believe that market forces can sway mega corporations?

Re:Ajit Pai is right by scarface74 on Tuesday November 28, 2017 @09:21PM (#15803982)
Why do you have more faith in companies than a government

It seems like companies have been much more on the side of the angels than the government this past year.

They have been a much louder voice for equality and civil liberties.

Re:Ajit Pai is right by nickpp on Tuesday November 28, 2017 @01:31PM (#15799978)
Because I always have a choice with companies: they cannot be monopolies unless helped by governments. Startups and competitors will swiftly punish any bad player in a free market, thus compelling players to behave.

The proof is all around me: everything good comes from companies: cars, computers, my house, my heating furnace, restaurant food, hotels, etc.

Everything crappy and bad is related one way or another with govts: bureaucracy, dmv, borders, postal service, state hospitals, state schools.

Re:Ajit Pai is right by takeda on Tuesday November 28, 2017 @01:49PM (#15800144)
First Title II doesn't make the government start offering Internet service, it is similar to FDA preventing companies to include poison in our food to cut cost (and you can be sure that especially the public companies would do that if they could. This happens when individual people are not liable and #1 goal of a public company is to improve earnings every quarter).

I have an exercise for you right now.

Let say you are pissed at your current ISP and don't want to use them anymore, who would you switch to? If you have 1 extra choice of high speed internet, congratulations you're one of very small percentage of people. If you don't have other choices (like me) perhaps now you see the problem.

Re:Ajit Pai is right by nickpp on Tuesday November 28, 2017 @02:00PM (#15800273)
The lack of choice in ISP marked is due to heavy govt regulation. They then added more regulation to fix the problem they created.

Which is my original point: keep increasing that power...

Re:Ajit Pai is right by takeda on Tuesday November 28, 2017 @02:25PM (#15800523)
It's not.

I don't know how old you are, but I remember it was very different ~20 years ago.

Previously Internet was classified as a telecommunication service, and was following the same regulations. Any company could easily enter the market and provide a service. Until FCC deregulated it in 2002 and 2005.

First was reclassification from telecommunication service to information service, the second was removing requirement to lease the infrastructure to others at reasonable price.

Now in order to enter the market each company will need to lay its own infrastructure, but it is even worse than that. If a company wants to run its own fiber cables (like Google Fiber was doing) they need to get incumbent ISPs to move their wires to make space. And those incumbent ISPs purposefully are delaying the process.

In Nashville Google managed to convince city to pass a legislation which would not require incumbent ISPs action, and moving existing wires could be done while lying the new ones (it's done by the same technicians that incumbent ISP would sent anyway). And of course the city was sued by incumbent ISPs.

This shows how fucked this situation really is, because even Google is giving up on their Google Fiber project, and if they can't who else can enter.

Oh and nice bonus, is that Title II requires pole sharing, once it is repealed that requirement won't apply as well. That means any new ISP entering the area will have to deal with constructing new poles or new wells which is even more expensive.

So in short if this is repealed we will be in even more fucked up situation right now.

Oh yeah, also Ajit wants to make sure that individual states won't be able to impose their rules overriding it.

Re:Ajit Pai is right by cptskippy on Tuesday November 28, 2017 @03:27PM (#15801151)
You forgot the part where the government paid for the incumbent's infrastructure that they no longer have to share.
Re:Ajit Pai is right by croon on Wednesday November 29, 2017 @05:00AM (#15805761)
How many water pipes do you have running to your house? How many electricity lines?

Do you want 5 different ones of each, so you can have market choices? What if there's a really good 6th contender, you mind digging up your yard once again so you can get their service?

Oh, you only have one of each, but still have a choice between providers? That's a great "natural free market", I must hear more about how it came to be. Do please tell.

You need community owned, or privately owned but regulated last mile access, so that multiple ISPs can access you as a customer, for there to be a working market. That means government involvement.

I might also add a constant fact: You are the government.

Re:Ajit Pai is right by cptskippy on Tuesday November 28, 2017 @03:32PM (#15801199)
> they cannot be monopolies unless helped by governments.

So natural monopolies aren't a thing? How did Google, Microsoft, US Steel and Standard Oil benefit or receive government support?

Re:Ajit Pai is right by 0xfeba on Tuesday November 28, 2017 @01:05PM (#15799713)
Yes, damned that FDA and NHTSA for not letting me drink my raw milk while driving in a car without airbags. Clearly a power grab.
Re:Ajit Pai is right by nickpp on Tuesday November 28, 2017 @01:57PM (#15800229)
I used to drink raw milk as a child. It was delicious. I like making my own choices. I do not need to be protected from myself.
Re:Ajit Pai is right by 0xfeba on Wednesday November 29, 2017 @10:14AM (#15807353)
Congratulations. The other 99% of people do need to be protected. Remember, more than 90% of 30,000 of them kill themselves or others in car crashes each year due to driver error, in the US.

That number used to be much higher before safety standards were implemented. So while you can argue about specific standards and regulations, on the whole it's clear society has benefited greatly from them.

Re:Ajit Pai is right by mfringel on Tuesday November 28, 2017 @01:11PM (#15799782)
[citation needed]
Re:Ajit Pai is right by nickpp on Tuesday November 28, 2017 @01:33PM (#15799999)
Do you seriously need a citation for that idea? Why do you think govts exist? Why do all those smart politicians take those fairly crappy paid govt jobs? From the goodness of their hearts?!
Re:Ajit Pai is right by zbruhnke on Tuesday November 28, 2017 @12:21PM (#15799234)
The thing you missed is that internet providers started to realize they may be able to squeeze more money out of both consumers and large corporates a few years back and that began to change their thoughts about how to make more money with a largely unregulated industry and Net Neutrality was put in place to preserve the internet's ability to innovate.

Let's not forget Ajit Pai was just a few years ago a corporate attorney working for ... wait for it ... a large ISP - And its very likely he will be again when his term at the FCC ends

Re:Ajit Pai is right by thehardsphere on Tuesday November 28, 2017 @12:40PM (#15799439)
How did they "realize" that, suddenly a couple years ago? I am not doubting you, I am genuinely confused.

I mean, human greed is a constant, and the rules didn’t change from 1996-2015, yet during the same period you said that Wal-Mart would have paid to destroyed Amazon, Amazon became one of the most wealthy and powerful companies in the world. So... it must be something more than the rules, right? Greedy companies were just unimaginative with their greed until a few years ago?

To put it another way: If Wal-Mart simply didn’t realize some trick in those days, what information would the Walton family need to take with them in their time machine to destroy Amazon from 1996-2015?

Re:Ajit Pai is right by pseudalopex on Tuesday November 28, 2017 @01:49PM (#15800146)
The rules did change between 1996 and 2015. The FCC reclassified DSL and cable ISPs as information services in the mid-2000s, ending line-sharing rules that enabled competition and common carrier rules that were more stringent than the net neutrality rules that replaced them. In 2014, the courts ruled that the FCC couldn't continue enforcing net neutrality under the post-2005 classification.
Re:Ajit Pai is right by thehardsphere on Wednesday November 29, 2017 @02:35PM (#15810088)
Ok, so this is a pretty useful answer that's starting to clear things up a bit for me. Let me see if I’ve got this straight.

Sometime in the 2000s, ISPs were classified as Title I entities. Then in 2010, there was an "open internet order" that tried to enforce Net Neutrality in some new way, which the DC courts shot down when Verizon (represented by Mr. Pai) sued over it, saying that Title I didn’t give FCC the authority to regulate in the way that it was trying to in 2010. So then they reclassified ISPs as common carriers e.g. under Title II, so they could impose the same rules that existed in 2010.

So, what I'm still confused about:

1. Prior to 2015, were ISPs ever actually considered common carriers?

2. Did any regulation or legislation exist prior to the "FCC Open Internet Order 2010" that served the same explicitly stated purpose (FCC chairmen saying similar, nice sounding things without actually having the force of law doesn't count)?

Re:Ajit Pai is right by passive on Tuesday November 28, 2017 @01:30PM (#15799960)
Well, there were regulations in place, but due to a technicality, they no longer officially applied once home internet started arriving over cable/dsl/fiber as a networked service instead of dial-up.

Lots of people pointed this technicality out, and wanted to update the regulations to account for it. The ISPs, naturally, weren't too keen on that, so they spent a lot of money on lobbyists to say "everything is fine, if you add more regulation you will break the internet". Thing is, they couldn't really do this on the one hand while simultaneously selling the Waltons the keys to the e-commerce kingdom. They had to adhere to the norms established by regulations, mostly.

But 20 years later, they can pretend that there never were any regulations, and that these norms magically enforce themselves, so why regulate?

Re:Ajit Pai is right by 0xfeba on Tuesday November 28, 2017 @01:07PM (#15799738)
> If Wal-Mart simply didn’t realize some trick in those days, what information would the Walton family need to take with them in their time machine to destroy Amazon from 1996-2015

That this internet thing will really take off.

Re:Ajit Pai is right by Crespyl on Tuesday November 28, 2017 @04:10PM (#15801692)
Forget Wal-Mart, tell that to Sears.
Re:Ajit Pai is right by jack9 on Tuesday November 28, 2017 @01:44PM (#15800107)
> what information would the Walton family need to take with them in their time machine to destroy Amazon from 1996-2015

Amazon was massively in the red (investment liabilities) until they had enough extra capital to start the 2004ish AWS initiative. Having dealt with AMZ techs in the 90s, I certainly didn't think they would do any better than Pets.com did.

Re:Ajit Pai is right by smhenderson on Tuesday November 28, 2017 @02:04PM (#15800303)
and the rules didn’t change from 1996-2015

They did change, read through this thread again. Many comments detail how the regulations changed in 2005 and then why they did again in 2015 (hint: Verizon, the same ISP Pai worked for at that time).

Re:Ajit Pai is right by disp1 on Tuesday November 28, 2017 @12:48PM (#15799518)
I recall that L3 was shaking down netflix in that that time period. This is what I was able to find quickly...

https://www.wsj.com/articles/netflix-agrees-to-pay-comcast-t...

Sorry for the paywall. there are many sites that refer to the episode, but they may not all be qualified as journalism.

Re:Ajit Pai is right by stinky613 on Tuesday November 28, 2017 @12:54PM (#15799580)
He wants to undo a rule from 2015 that forces broadband ISPs to be regulated the same way that dial-up ISPs were in the 90s.

The rule from 2015 made broadband ISPs regulated under Title II of the Communications Act of 1934. ISPs that operate over phone lines already were regulated under Title II.

The notion that internet providers were unregulated in the 90s is outright false.

Re:Ajit Pai is right by dragonwriter on Tuesday November 28, 2017 @02:41PM (#15800679)
> It is my understanding that "The rules Ajit Pai wants in place" were in place from sometime during the ninties or earlier, until 2015.

No. I mean, I guess the complete absence of general broadband rules prior to 2004 might be what Pai wants to return to; but 2004-2010 had a pro-neutrality approach at FCC that he courts stopped in 2010, and 2010-2014 had an approach that the courts stopped in 2014, pointing to Title II as he available basis for the sort of regulation that the FCC had pursued. 2015 saw the FCC follow the court’s guidance and base regulations in Title II.

Most of the history of the commercially-significant, publicly-used internet have been under FCC neutrality enforcement, for which the only viable basis in the wake of 2010 and 2014 court decisions is Title II, which Pai wishes to abandon.

Re:Ajit Pai is right by burkaman on Tuesday November 28, 2017 @12:18PM (#15799199)
You're right that the rules have only been in place since 2015, but you're wrong that we live the the same world we always have. The world has changed, and the rules should change along with it.
Re:Ajit Pai is right by doke01 on Tuesday November 28, 2017 @12:20PM (#15799226)
Once you have clarified 'regulations', the parties involved will take advantage of them. This change is a clarification the other way that would explicitly allow activities that in the past were not encouraged.
Re:Ajit Pai is right by thehardsphere on Tuesday November 28, 2017 @12:40PM (#15799444)
Okay, how did it change?
Re:Ajit Pai is right by s73ver_ on Tuesday November 28, 2017 @12:25PM (#15799272)
The world that was going away, and as such, we needed to enact the rules to preserve it.

If one wants things to stay the way they were back then, they would want these rules to stay in place, to ensure that. Without these rules, there is absolutely nothing to stop that from going away. In fact, Comcast has already started planning for paid prioritization lanes.

If the ISPs had no intention of violating NN, they would not be lobbying so hard for the repeal of NN.

Re:Ajit Pai is right by jack9 on Tuesday November 28, 2017 @01:39PM (#15800060)
2015 is a misleading goalpost. The problems that were tied up in the courts and led to a FINAL decision in 2015, started a decade earlier.