FCC votes to keep the Internet open!

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ChrisW

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FCC approves net neutrality rules, reclassifies broadband as a utility
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by Devindra Hardawar | @devindra | 1 hr ago

188



It's a good day for proponents of an open internet: The Federal Communications Commission just approved its long-awaited network neutrality plan, which reclassifies broadband internet as a Title II public utility and gives the agency more regulatory power in the process. And unlike the FCC's last stab at net neutrality in 2010, today's new rules also apply to mobile broadband. FCC Chairman Tom Wheeler laid out the basic gist of the plan earlier this month -- it'll ban things like paid prioritization, a tactic some ISPs used to get additional fees from bandwidth-heavy companies like Netflix, as well as the slowdown of "lawful content." But now Wheeler's vision is more than just rhetoric; it's something the FCC can actively enforce.

"It [the internet] is our printing press; it is our town square; it is our individual soap box and our shared platform for opportunity," said FCC Commissioner Jessica Rosenworcel during today's open commission meeting. "That is why open internet policies matter. That is why I support network neutrality."

Don't expect the net neutrality drama to end here, though. Verizon has already madevague threats about suing the agency if it went through the public utility route, and Wheeler expects other lawsuits as well. Verizon's last legal action against the FCC led an appeals court to strike down its earlier (but far weaker) open internet rules on jurisdictional grounds. That's what ultimately pushed the agency to reclassify broadband -- now that it's viewed as a utility like telephone service, the FCC is free to make stronger regulatory decisions. The agency is aiming to alleviate fears of overregulation through forbearance, a process that lets it legally ignore certain regulations that other public utilities have to deal with. That includes things like limiting rates and unbundling, which lets companies take advantage of equipment and services from competitors.

If you've been following the net neutrality debate over the past few years, you wouldn't be blamed for getting discouraged. Verizon's legal victory over the FCC last year made it seem like the big companies -- who would benefit the most from lax internet regulations -- had pretty much won the war for the web. But, it turns out, that defeat actually helped spark an unprecedented amount of grassroots activism on the web from groups likeFight for the Future, which got more than 4 million consumers to write into the FCC in support of net neutrality. Companies like Twitter, Reddit and Netflix -- whose businesses rely on unobstructed access to web users -- also did their part to lobby for an open web. All of that led to President Barack Obama announcing his support for Title II broadband reclassification last fall, which put the FCC in a pretty awkward spot.

In his Wired editorial, Wheeler pointed out that he was previously relying on "commercial reasonableness," a concept brought up in the Telecommunications Act of 1996, to keep the internet open. He ended up changing his mind, however, when he realized that line of thought could end up protecting companies more than consumers. But, far more likely, Wheeler changed his stance as the tide turned in favor of regulating broadband as a utility.

When it comes to the new mobile broadband rules, Commissioner Mignon Clyburn framed it as something that will help ensure equality: "We know many low-income Americans rely heavily on their mobile device, and some rely heavily on that mobile phone as their only access to the internet," she said. "They need, they deserve, a robust experience on par with their wired peers."

Television writer and producer Veena Sud, whose series The Killing was saved from cancellation by Netflix twice, laid out the artistic justification for net neutrality:

What the open internet means for creativity, innovation and diversity points is by no means limited to my own experience. Series like Orange is the New Blackand Transparent are giving voice to worlds and people and experiences never before seen on the small screen.

Sud also mentioned an intriguing data point about web content: Around 40 percent of online comedies and dramas are backed by women, compared to just 20 percent on traditional television.

So what's next? You can expect plenty of chest thumping from Republicans, libertarians and large telecoms against the new rules. FCC Commissioner Ajit Pai also railed against the agency's decision as intrusive government regulation. He was skeptical that the FCC will stick with its forbearance plan, and he warned that the open internet rules will also lead to slower broadband speeds and more taxes. Expect to hear those talking points repeatedly throughout the rest of the year.

"This proposal has been described by one opponent as, 'A secret plan to regulate the internet.' Nonsense!" Wheeler said right before the agency voted on the new rules. "This is no more a plan to regulate the internet than the first amendment is a plan to regulate free speech. They both stand for the same concept: openness, expression, and an absence of gatekeepers telling people what they can do, where they can go and what they can think."

http://www.engadget.com/2015/02/26/fcc-net-neutrality/
 

Rmfnlt

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OK... so what does it mean (in plain language) for the average Joe?
 

ChrisW

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OK... so what does it mean (in plain language) for the average Joe?

The internet is now considered a utility, just like water and electricity. The vote now means that all data is equal on the web. Content providers such as Netflix can't be throttled because of the data they send.

It also opens up competition and regulation. Comcast won't be able to squash those municipal ISPs that want to pop up to compete with the bigger companies.

In a general sense. It's good for the consumer.
 

-X-

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OK... so what does it mean (in plain language) for the average Joe?
http://www.npr.org/blogs/thetwo-way...t-neutrality-vote-heres-what-you-need-to-know


Here's a guide to what all of this means.

— What does net neutrality mean?

Here's the Cliffs Notes version from NPR's Elise Hu:

"Net neutrality is the concept that your Internet provider should be a neutral gateway to everything on the Internet, not a gatekeeper deciding to load some sites slower than others or impose fees for faster service."

In other words, it's a concept in which Internet service providers (ISPs) don't discriminate when it comes to Internet traffic.

Without net neutrality rules, ISPs could theoretically take money from companies like Netflix or Amazon to speed up traffic to their sites.

NPR's Laura Sydell explained one hypothetical like this:

"More than 30 percent of Internet traffic at peak times comes from Netflix, according to studies. So Verizon might say, 'Netflix, you need to pay us more.' Or maybe Verizon strikes a deal with Amazon and says your prime video service can get speedier delivery to the home and we're going to slow down Netflix."

— What is the FCC voting on?

The Federal Communications Commission is voting on whether to reclassify broadband access as a "telecommunications service under Title II."

In layman's terms, the FCC is looking to reclassify broadband as a utility, which would give the commission more regulatory power over Internet providers.

— What prompted this FCC vote?

Back in 2010, the FCC actually passed rules to keep the Internet neutral. But those rules were challenged by Verizon and in January of 2014, the U.S. Court of Appeals for the D.C. Circuit ruled that the FCC did not have the regulatory power over broadband to issue those rules.

The court, however, said that the FCC could reclassify broadband and that would give it broad regulatory powers.

FCC Chairman Tom Wheeler decided to go that direction in February.

Earlier this week, Republicans in Congress dropped opposition to the proposed rules, saying they were not going to pass a bill without any Democratic support.

— What would the proposed rules do?

The proposed rules are pretty lengthy, but from an FCC fact sheet, here are the three things that the rules would ban that matter most to consumers:

"No Blocking: broadband providers may not block access to legal content, applications, services, or non-harmful devices.

"No Throttling: broadband providers may not impair or degrade lawful Internet traffic on the basis of content, applications, services, or non-harmful devices.

"No Paid Prioritization: broadband providers may not favor some lawful Internet traffic over other lawful traffic in exchange for consideration — in other words, no 'fast lanes.' This rule also bans ISPs from prioritizing content and services of their affiliates."
 

Rmfnlt

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Thanks, guys... that helped!

Sounds like it is better for us average Joes! :)

Althought, I think ROD should definitely be given preferencial treatment on the web!
 

yrba1

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Good to know that monopolies can't impose their power entirely. I'd love to see a huge emergence on satellite internet to keep the competition afloat, especially with the way Time Warner handles their customers.
 

ChrisW

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Good to know that monopolies can't impose their power entirely. I'd love to see a huge emergence on satellite internet to keep the competition afloat, especially with the way Time Warner handles their customers.

Apparently, Elon Musk wants to circle the globe in Satellites to give everyone low latency broadband.
 

Stranger

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The FCC’s statements have stressed three bright-line rules:

  • No Blocking: broadband providers may not block access to legal content, applications, services, or non-harmful devices.
  • No Throttling: broadband providers may not impair or degrade lawful Internet traffic on the basis of content, applications, services, or non-harmful devices.
  • No Paid Prioritization: broadband providers may not favor some lawful Internet traffic over other lawful traffic in exchange for consideration – in other words, no “fast lanes” – including fast lanes for affiliates.
https://www.eff.org/deeplinks/2015/...trality-proposal-pros-cons-and-question-marks
 

PhxRam

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FCC Commissioner Ajit Pai also railed against the agency's decision as intrusive government regulation. He was skeptical that the FCC will stick with its forbearance plan, and he warned that the open internet rules will also lead to slower broadband speeds and more taxes. Expect to hear those talking points repeatedly throughout the rest of the year.

I wonder why he is opposed to net neutrality?

Pai previously worked as a lawyer for Verizon Communications
Pai left his Department of Justice post in February 2001 to serve as Associate General Counsel at Verizon Communications Inc., where he handled competition matters, regulatory issues, and counseling of business units on broadband initiatives.
 

ChrisW

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I wonder why he is opposed to net neutrality?

Pai previously worked as a lawyer for Verizon Communications
Pai left his Department of Justice post in February 2001 to serve as Associate General Counsel at Verizon Communications Inc., where he handled competition matters, regulatory issues, and counseling of business units on broadband initiatives.

Good to see you Phx. I'm really waiting to see what was in this 300+ page bill to really celebrate. Tom Wheeler use to be a lobbyist to Comcast, I believe. So i'm wondering what language is in there to help out the big ISPs.
 

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So when do we get to start paying the new taxes spawned from this?
 

Dagonet

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The regulation part scares the hell out of me.. I don't like it for that very reason.
 

iced

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The FCC’s statements have stressed three bright-line rules:

  • No Blocking: broadband providers may not block access to legal content, applications, services, or non-harmful devices.
  • No Throttling: broadband providers may not impair or degrade lawful Internet traffic on the basis of content, applications, services, or non-harmful devices.
These two worry me.

Blocking: Look how it's written. "Legal"content. Who justifies what is and isn't legal? The ISP, FCC, etc.

Throttling: some complaints i read before were legit, but one of them caught my eye. One complaint was about a provider using stateful packet inspection. What would worry me is this no longer being allowed - because of companies playing dirty online and paying hackers to Ddos rival company web sites, stateful packet inspection is needed to help avoid being ddos'ed.
 

Stranger

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These two worry me.

Blocking: Look how it's written. "Legal"content. Who justifies what is and isn't legal? The ISP, FCC, etc.

Throttling: some complaints i read before were legit, but one of them caught my eye. One complaint was about a provider using stateful packet inspection. What would worry me is this no longer being allowed - because of companies playing dirty online and paying hackers to Ddos rival company web sites, stateful packet inspection is needed to help avoid being ddos'ed.
excellent points.
 

bluecoconuts

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These two worry me.

Blocking: Look how it's written. "Legal"content. Who justifies what is and isn't legal? The ISP, FCC, etc.

Throttling: some complaints i read before were legit, but one of them caught my eye. One complaint was about a provider using stateful packet inspection. What would worry me is this no longer being allowed - because of companies playing dirty online and paying hackers to Ddos rival company web sites, stateful packet inspection is needed to help avoid being ddos'ed.

I would hope that "legal" is what is legal by law, for example child porn would be illegal so they can remove it, etc, which as far as I know is how it is now.
 

Mackeyser

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As anyone who uses Netflix knows, the throttling can be configured in any number of ways that in the aggregate accomplish the same data gating, but depending on the configuration can cause varying levels of data disruption.

It doesn't just mean streaming services. In searching for investigative stories critical of government policies or actions from smaller news services, even the DNS resolution would be very slow. So slow in some instances that even after multiple attempts to connect I was left to wonder if there was a DNS issue.

The purpose of Net Neutrality is that all data is equal whether it be streamed entertainment or political or anything not illegal in the jurisdiction the content is served or viewed. (Data is only electrons in transit and no court precedent has allowed for data to be seen as "content" in transit afaik... So it's not like other "things" being transported and thus subject to each jurisdiction along the way. The physical wires and poles and stuff are, but not the data in transit)
 

Greg Stone

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Very good news. It goes to show what the public can accomplish when they are determined to have their voices heard on a subject they care deeply about.
 

Ramhusker

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Pay more, get less is on the way.