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Re:Tech luminaries call net neutrality vote an 'imminent thr... by epistasis on Monday December 11, 2017 @01:55PM (#15899308)
I wonder if the lack of regulatory process, and clear corruption here, would allow for a remedy in the courts. If the FCC is not fulfilling it's obligations according to the law, in terms of addressing and considering reasonable decisions, then they may be in violation of the laws that give FCC authority in the first place. I know very little about the FCC, but the DOE and FERC, up until the latest administration, were under very clear legislative imperatives in performing reasoned and justified regulation. Typically courts are quite deferential to the regulatory agencies, but when there's clear evidence of fraud, judges have been known to go with a reasoned interpretation of the law rather than just deferring to the FCC to do whatever it wants.
Re:Tech luminaries call net neutrality vote an 'imminent thr... by techsupporter on Monday December 11, 2017 @02:21PM (#15899503)
I read...somewhere, can't find it now that I try to go looking for the source...that the most likely remedy, in that article's opinion, is the Administrative Procedures Act. The author basically said that the APA doesn't permit reversing rules without a factual basis as to why they should be reversed, particularly if the rules being reversed were recently adopted using a stronger evaluation.

I'm not versed in the APA at all so I might be remembering the article wrong but it seemed reasonable.

Re:Tech luminaries call net neutrality vote an 'imminent thr... by shkkmo on Monday December 11, 2017 @02:32PM (#15899599)
I think this is the piece you are referring to: https://www.nytimes.com/2017/11/22/opinion/courts-net-neutra...

Most relevant section:

>So drastic is the reversal of policy (if, as expected, the commission approves Mr. Pai’s proposal next month), and so weak is the evidence to support the change, that it seems destined to be struck down in court.

> The problem for Mr. Pai is that government agencies are not free to abruptly reverse longstanding rules on which many have relied without a good reason, such as a change in factual circumstances. A mere change in F.C.C. ideology isn’t enough. As the Supreme Court has said, a federal agency must “examine the relevant data and articulate a satisfactory explanation for its action.” Given that net neutrality rules have been a huge success by most measures, the justification for killing them would have to be very strong.

However, a legal challenge will likely take a while to wend it's way to the Supreme Court.

Re:Tech luminaries call net neutrality vote an 'imminent thr... by Retric on Monday December 11, 2017 @02:01PM (#15899359)
Existing monopoly laws could also have some bite if ISP's are not already shielded. Slow Netflix while pushing Cable subscriptions could be a rather large issue.
Re:Tech luminaries call net neutrality vote an 'imminent thr... by takeda on Monday December 11, 2017 @02:25PM (#15899547)
At this point companies like Netflix will probably do just fine (that's why they are not pressing as much about it), because of the popularity they might not even be requested to pay anything.

The issue is for companies that will try to exists after that and would offer better service than Netflix. They won't succeed because: "well, the service might be cheaper and offer more shows, but it is dogshit slow and unusable/goes against my datacap so why should I use it?"

Re:Tech luminaries call net neutrality vote an 'imminent thr... by davidw on Monday December 11, 2017 @02:36PM (#15899630)
The courts that are being packed with unqualified judges?

https://www.washingtonpost.com/news/politics/wp/2017/11/12/h...

Re:Tech luminaries call net neutrality vote an 'imminent thr... by rayiner on Monday December 11, 2017 @02:53PM (#15899810)
The criticisms of Brett Talley are ignorant. The article talks about whether he has "tried a case" but he's an appellate lawyer, not a trial lawyer. Talley graduated near the top of his class at Harvard Law, completed appellate and district court clerkships, was Deputy Solicitor General in the Alabama Attorney General's office, and is currently at the Office of Legal Counsel. If he clocked in a few more years doing that line of work, he'd be perfectly qualified. But he still would never have "tried a case."
Re:Tech luminaries call net neutrality vote an 'imminent thr... by cmurf on Monday December 11, 2017 @03:16PM (#15900044)
The American Bar Association unanimously declared him not qualified based on his inexperience. https://www.americanbar.org/content/dam/aba/uncategorized/GA...
Re:Tech luminaries call net neutrality vote an 'imminent thr... by rayiner on Monday December 11, 2017 @03:38PM (#15900213)
The ABA criteria require a judicial nominee to generally have twelve years of legal experience, which Talley obviously doesn't. If that's all the media said about Talley, that would be fine. But the criticisms go far beyond that, misrepresent the strength of the rest of his background, and veer off into ignorant assertions about "trying cases."
Re:Tech luminaries call net neutrality vote an 'imminent thr... by CalChris on Monday December 11, 2017 @07:45PM (#15902174)
Judges have lifetime tenure so maybe requiring a lengthy resume isn’t such a bad idea. This strikes me as nominating a young conservative who will serve for a long time when Republicans stonewalled Obama’s very qualified nominees.
Re:Tech luminaries call net neutrality vote an 'imminent thr... by rayiner on Monday December 11, 2017 @09:20PM (#15902561)
That’s different than suggesting, as the poster above did, that someone like Talley wouldn’t be able to reach a “reasoned interpretation of the law.”
Re:Tech luminaries call net neutrality vote an 'imminent thr... by CalChris on Monday December 11, 2017 @10:14PM (#15902737)
And that’s the same as ignoring the point that I made.

Senate confirmation is a political vote, one of “advice and consent”. There are no rules. Justice Thomas was not held to a “reasoned interpretation of the law” standard. Judge Garland was not rejected on a “reasoned interpretation of the law” standard. If a political hack like Talley can’t muster 51 votes in a Republican Senate, you should wonder about him.

Re:Tech luminaries call net neutrality vote an 'imminent thr... by tptacek on Monday December 11, 2017 @11:21PM (#15902974)
I think you're talking past him. He's not saying that there aren't legitimate criticisms of the Talley nomination; he's saying that one particularly popular one happens not to be legitimate.
Re:Tech luminaries call net neutrality vote an 'imminent thr... by cmurf on Monday December 11, 2017 @10:42PM (#15902844)
Conversely, if a hack like Talley can muster 51 votes, I'll wonder about the Republican senators.
Re:Tech luminaries call net neutrality vote an 'imminent thr... by davidw on Tuesday December 12, 2017 @11:42AM (#15906955)
The ones who are mostly kind of demurring about the pedophile?
Re:Tech luminaries call net neutrality vote an 'imminent thr... by CalChris on Tuesday December 12, 2017 @03:27PM (#15909141)
To his credit, Grassley has signaled to Trump not to proceed with the Talley nomination.

http://www.cnn.com/2017/12/12/politics/trump-judicial-picks/...

Re:Tech luminaries call net neutrality vote an 'imminent thr... by cmurf on Wednesday December 13, 2017 @04:32AM (#15913130)
I'm not sure I'm willing to credit him with more than a Thank You, Captain Obvious, award.

The other nominee, Jeff Mateer, is an obscene choice by either incompetents or malicious people. Mateer has said transgender children are part of "Satan's plan." This psychotic religious nonsense injected into government should not be socially acceptable behavior in a thinking society. Someone should be fired.

But because Trump claims he hires all of the best people, we have to take the selection seriously as intentional. And since the buck stops with the president, you have to accept that he's the one whose incompetent if he isn't neither hiring good people, nor firing them when they fail this spectacularly.