The Courts Can’t Take Away Our Internet
By Megan Tady, April 6, 2010
Today’s ruling for Comcast by the DC Circuit Court could be the biggest blow to our nation’s primary communications platform, or it could be the kick in the pants our leaders need to finally protect it. Either way, the future of the Internet, the fight for Net Neutrality, and the expansion of broadband is hanging in the balance.
The court ruled that the Federal Communications Commission lacks the authority under existing legal framework to enforce rules that keep Internet service providers from blocking and controlling Internet traffic. The decision puts the FCC’s Net Neutrality proceeding and the National Broadband Plan in jeopardy.
The court ruled in favor of ISP Comcast, which was caught blocking BitTorrent Internet traffic in 2007 and contested the FCC’s attempts to stop the company. The decision has made it near impossible for the FCC to follow through with plans to create strong Net Neutrality protections that keep the Internet out of the hands of corporations. Additionally, without authority over broadband, the decision means the FCC will be hamstrung when it comes to implementing portions of its just released broadband plan.
As a result of this decision, the FCC can’t stop Comcast and others from blocking Web sites. And the FCC can’t make policies to bring broadband to rural America, to promote competition, and to protect consumer privacy or truth in billing.
Unless…
The FCC has found itself in the ridiculous situation of attempting to regulate broadband without the authority to do so unless the agency takes strong and decisive action to “reclassify” the service under the Communications Act.
Here’s the deal: under the Bush FCC, the agency decided to classify and treat broadband Internet service providers the same as any Internet applications company like Facebook or Lexis-Nexis, placing broadband providers outside of the legal framework that traditionally applied to the companies that offer two-way communications services.
That’s the loophole that let Comcast wiggle out from under the agency’s thumb.
Change it back
There’s an easy fix here: The FCC can change broadband back to a “communications service,” which is where it should have been in the first place. By reclassifying broadband, all of these questions about authority will fall away and the FCC can pick up where it left off – protecting the Internet for the public and bridging the digital divide.
While Comcast and other ISPs may be celebrating today, this court decision will hopefully force the FCC to take action that will ultimately come back to haunt them. Free Press Policy Director Ben Scott told the Associated Press, “Comcast swung an ax at the FCC to protest the BitTorrent order. And they sliced right through the FCC's arm and plunged the ax into their own back.”
Millions of you
Reclassification of broadband may be a simple fix, but it will take guts from FCC Chairman Julius Genachowski to actually implement it, particularly as ISPs unleash intense pressure to maintain the status quo.
That’s where you come in: We need thousands of you, if not millions, to tell the FCC to protect Net Neutrality and the National Broadband Plan by reasserting their regulatory authority.
In less than 72 hours, the public comment period on the FCC’s Net Neutrality proceeding will end. Use this window of opportunity to give the FCC one giant public mandate: We want an Internet free from corporate control.
Will Internet service providers like Comcast and AT&T persuade the FCC to allow them to control Internet traffic, rerouting people to the sites and search engines they own? Or will the FCC protect our last remaining open platform for communication, where anyone can create a Web site, post a video, start a business, or find the information they need without ISPs meddling with our traffic?
This could be one of the most important actions you take all year. The hours are ticking down. Take a few minutes to take action on something that will impact generations.
Free Press is a national, nonpartisan organization working to reform the media. Free Press does not support or oppose any candidate for public office. Through education, organizing and advocacy, we promote diverse and independent media ownership, strong public media and universal access to communications.
Megan Tady
Megan Tady is a blogger, video producer and freelance writer who previously served as the Free Press communications coordinator. She blogs at SavetheInternet.com and SavetheNews.org. Follow her on Twitter @MegTady.
Read Megan's full bio »


Comments
Missing the point.
This was not a ruling "for Comcast" it was a ruling against the FCC. The FCC is charterd to manage the bandwidth of transmissions through the air not wires. The FCC as granted some more limited powers allowing them some control over some parts of wired (wrongly). The court ruled that the FCC did not have the authority to impose net-neutrality (regardless of how good and idea it might be). The courts ruled a few years ago that the FCC could not force electronic companies to close the "analog hole". This agency has been filled with cronyism and nepotism through its history. Why not get the FTC involved. The would seem to be the agency with better legal standing.
Lol, yes I said bank
I am sorry. Let me explain myself a little. I am in no way condoning corporate welfare on behalf of our government to failing companies. And I think I can speak for all liberals and tell you that the health care reform bill that passed does not come close to what we wanted. (prefer single payer) And I personally agree with you that we should not be mandated to buy something from companies that have no regulation on price, especially on the Federal level. I mean why would the Dems use a republican idea from Gov. Mitt Romney of Massachusetts to mandate everyone buy insurance?
Lol, yes I said bank. We all no the government wont let them fail. Well maybe not all of them, they favor the really old ones. There's too much history with that old money and all. This should remind us that Politicians are not working for us, their working for corporations. And the relationships between politicians and corporations is like peanut butter and jelly. The problem with government is that there's too much corporate involvement.
I don't want to be rude. But did you actually read what Net Neutrality is all about? The government is in no way going to be involved in controlling the internet. The FCC would rather tell, say Comcast that it cannot control bandwidth pertaining to web pages or user applications like Bittorent or p2p. Cable companies have already had numerous complaint's of bandwidth limiting and blocking users completely from using applications that are capable of download big files.
Also I mentioned in my earlier statement about monopolies. Here where I live there is only one company that provides internet services. Just like there is only one provider of phone service, and electricity. You mentioned that "you could simply not buy what we are not happy with then all these "over powered" companies would be forced to change what people are unhappy with." But there is no need to change if your the only one who provides the product. Just ask Monsanto.
I urge you to read read read before you speak nonsense. We have enough people getting misinformation from pundits on FOX. We need no more.
I really don't know how this turned into a huge debate on numerous topics but I would like to complete this rambling with a Foxness reverse psychology scare tactic. That I recon de southern easily misinformed folk might be easily misinformed informed. HA HA
"These people are trying to take away your freedom! They want to limit your bandwidth! They want to decide what web pages load faster than others! They want to take your bandwidth and ration it among the others! even though your paying for their services." Sound familiar? no? try using one of those southern accents and then wake up, because this time its real and has nothing to due with health-care. Yes your Cable company is trying to kill grandma internet and prevent that baby start-up website from every seeing the light of day.
The "Net Neutrality" Scam
Actually "net neutrality" is a threat to free markets and free speech.
So-called net neutrality is a slogan for a program designed to control internet service providers by bureaucratic fiat rather than by the free market. If you do not care for your ISPs priorities in routing internet traffic, you are free to find alternate ISPs and let the market decide what data gets priority. In my own area we have eight or more choices for broadband providers: cable (Optimum Online), phone line (Verizon), satellite (Hughs Network), and Wireless/Mobile Broadband internet (Hudson Valley Wireless, Time-Warner Wireless, AT&T 3G Network, AmericanWiFi.net, Webjogger.net) and dial-up options too numerous to mention.
"Net neutrality" is the supposedly helpful restriction on ISPs that would prevent them from discriminating against certain bandwidth hogs, like hi-definition video or bit-torrent file transfers by giving them lower priority (since the speed of the network could otherwise slow to a crawl) or else charging them for delivering their content faster, which would then produce the revenue to pay for greater bandwidth capacity.
"Net neutrality" would be the equivalent of forbidding a newspaper to charge more for a full-page ad than a classified listing, as if delivering a thousand times the data costs no more to the provider. It would drastically slow down the improvement of internet bandwidth (i.e., access speed) by preventing the ISP from benefiting from the provision of high-bandwith services by charging the provider -- who has an economic interest in fast delivery of his content -- different rates for different levels of bandwidth. Net neutrality is the "redistribution of wealth" ideology applied to IT bandwidth, with the biggest, not the smallest users, getting the biggest gains.
"Net neutrality" is government regulation of the internet, equivalent to the "fairness doctrine" for broadcasting without the "balance of opposing views" element (yet), but instead with an "all data packets are equal" doctrine, so that the packets of a few bandwidth hogs get equal treatment with millions of Mom & Pop's blog pages: a perfect situation for the bandwidth hogs, which can include big businesses and big government entities.
The notion that the free-market net would result in a few rich content providers buying up all or most of the bandwidth from your ISP and forcing you to buy only what the rich and greedy are offering is a totally absurd distortion of what we see wherever markets are left free -- as the internet is today. The customer is king and any attempt to force content on the consumer will only produce a score of new competitors.
I remember how the broadcast TV networks fought tooth and nail against (horrors) "pay TV" and bribed legislators to forbid the installation of cable TV networks because TV is essential for an informed public and should always be free of charge. That was the 1950's and 60's version of the theory of "net neutrality." I'll bet the broadcasters argued that the broadcasting 'little guy' would be crowded out by the rich and greedy content providers who would pay big money to be given exclusive access to the cable audience. As you know, the exact opposite happened. Today you still have up to 7 or so VHF channels in a large market, maybe a couple dozen UHF channels in the largest markets, and hundreds of cable and satellite channels available everywhere.
If you wonder why the FCC didn't wait until the supposedly ill effects of an internet free market are obvious before trying to kill that market, consider the possibility the "net neutrality" is not really what they care about most. The worst effect of allowing the government to institute such controls over ISPs is the "foot-in-the-door" of recognizing the FCC's power to regulate the internet. Is it any wonder the political left loves the idea? There are already proposals that any website that offers political commentary be required to provide links to websites offering opposing views:
----------------------------------------------------------------------
"Links: Websites might use links and hyperlinks to ensure that viewers learn about sites containing opposing views. A liberal magazine's website might, for example, provide a link to a conservative magazine's website, and the conservative magazine might do the same. The idea would be to decrease the likelihood that people will simply hear echoes of their own voices. Of course many people would not click on the icons of sites whose views seem objectionable; but some people would, and in that sense the system would not operate so differently from general interest intermediaries and public forums. Here, too, the ideal situation would be voluntary action. But if this proves impossible, it is worth considering both subsidies and regulatory alternatives." (emphasis mine -R)
----------------------------------------------------------------------
Of course, this was just a theory, no government agency would really try to control the content of links on a private website, after all, we have the First Amendment, right? Then again, if you want to read the whole disturbing article (written in 2001) from which the above quote is taken, go to
http://bostonreview.net/BR26.3/sunstein.html. Its author is Cass R. Sunstein. Ever heard of him? He is is the current Administrator of the White House Office of Information and Regulatory Affairs (the "Regulatory Czar") right in the Obama White House, and in my view, a true collectivist creep.
We should be grateful that the U.S. Court of Appeals just ruled that the FCC has no authority to impose 'net neutrality' on internet service providers. But watch out. Just as the lack of congressional approval for Cap & Trade has not stopped the EPA from trying to regulate CO2 as a "pollutant," the FCC may try to get around the Court's ruling by attempting to classify ISPs as "common carriers." The Obama administration is perfectly predictable: whatever they can do to remove power from the private sphere and place it in the hands of the government, that is what they will try to do.
--RalphQ
The good news...
Is that this issue is a long way from being decided. Today's ruling is one small piece of the puzzle.
Rural Internet
Rule of Law in whose favor?
This is not about the FCC regulating the internet, but rather removing the power of internet providers to keep them! from regulating the internet. "Net Neutrality" keeps companies from regulating your bandwidth, regulating what web pages load faster than others, and favoring one search engine over another.
It's very strange to hear people advocating the prevention of government control over companies, and then for complete freedom for companies control over you. All while you pay that company to do so because they are the only one that provides the services you need in the area that you live in. Taking free out of the market and replacing the system with a monopoly. And
there's only one winner at the end of that game. You know, the one who owns all the Sh*t, oh and the bank of course.
LoL you said bank
It's funny that you mention the bank when the govt. has taken over several of them. Thats like the Dems calling Repubs the allies of the insurance companies as they pass a bill that mandates the purchase of health insurance for every man woman and child in America simply because we exists. The simple fact is that Net Neutrality gives the govt. control over which pages will be loading faster and they don't really care what your opinion is or what you might want from your ISP. I think it's sad that people have become so dependent on their services and goods that they can't live without them. Thats the real flaw with the free market system. If people learned to simply not buy what they are not happy with then all these "over powered" companies would be forced to change what people are unhappy with. Why is gas $3.00 a gallon? Because people are willing to pay that much for it. We have avoided drilling in our own country for decades and wars have been fought in the middle east for centuries and Wall Street tycoons have been around since the beginning of Wall Street. The missing element is self control. Giving the governnment control of the internet would in fact create the ultimate super monopoly and give them the ability to block sites they deem harmful to anyone for any reason including political reasons. Companies can't control you unless you let them. Learn the difference between wants and needs. The internet is a want not a need, humanity has survived milennia without it and yes it makes things sooooooooooo much easier and I would hate to lose mine but I won't die from a lack of it, in fact I would probably be healthier.
Lol, yes I said bank
I am sorry. Let me explain myself a little. I am in no way condoning corporate welfare on behalf of our government to failing companies. And I think I can speak for all liberals and tell you that the health care reform bill that passed does not come close to what we wanted. (prefer single payer) And I personally agree with you that we should not be mandated to buy something from companies that have no regulation on price, especially on the Federal level. I mean why would the Dems use a republican idea from Gov. Mitt Romney of Massachusetts to mandate everyone buy insurance?
Lol, yes I said bank. We all no the government wont let them fail. Well maybe not all of them, they favor the really old ones. There's too much history with that old money and all. This should remind us that Politicians are not working for us, their working for corporations. And the relationships between politicians and corporations is like peanut butter and jelly. The problem with government is that there's too much corporate involvement.
I don't want to be rude. But did you actually read what Net Neutrality is all about? The government is in no way going to be involved in controlling the internet. The FCC would rather tell, say Comcast that it cannot control bandwidth pertaining to web pages or user applications like Bittorent or p2p. Cable companies have already had numerous complaint's of bandwidth limiting and blocking users completely from using applications that are capable of download big files.
Also I mentioned in my earlier statement about monopolies. Here where I live there is only one company that provides internet services. Just like there is only one provider of phone service, and electricity. You mentioned that "you could simply not buy what we are not happy with then all these "over powered" companies would be forced to change what people are unhappy with." But there is no need to change if your the only one who provides the product. Just ask Monsanto.
I urge you to read read read before you speak nonsense. We have enough people getting misinformation from pundits on FOX. We need no more.
I really don't know how this turned into a huge debate on numerous topics but I would like to complete this rambling with a Foxness reverse psychology scare tactic. That I recon de southern easily misinformed folk might be easily misinformed informed. HA HA
"These people are trying to take away your freedom! They want to limit your bandwidth! They want to decide what web pages load faster than others! They want to take your bandwidth and ration it among the others! even though your paying for their services." Sound familiar? no? try using one of those southern accents and then wake up, because this time its real and has nothing to due with health-care. Yes your Cable company is trying to kill grandma internet and prevent that baby start-up website from every seeing the light of day.
LoL you said bank
It's funny that you mention the bank when the govt. has taken over several of them. Thats like the Dems calling Repubs the allies of the insurance companies as they pass a bill that mandates the purchase of health insurance for every man woman and child in America simply because we exists. The simple fact is that Net Neutrality gives the govt. control over which pages will be loading faster and they don't really care what your opinion is or what you might want from your ISP. I think it's sad that people have become so dependent on their services and goods that they can't live without them. Thats the real flaw with the free market system. If people learned to simply not buy what they are not happy with then all these "over powered" companies would be forced to change what people are unhappy with. Why is gas $3.00 a gallon? Because people are willing to pay that much for it. We have avoided drilling in our own country for decades and wars have been fought in the middle east for centuries and Wall Street tycoons have been around since the beginning of Wall Street. The missing element is self control. Giving the governnment control of the internet would in fact create the ultimate super monopoly and give them the ability to block sites they deem harmful to anyone for any reason including political reasons. Companies can't control you unless you let them. Learn the difference between wants and needs. The internet is a want not a need, humanity has survived milennia without it and yes it makes things sooooooooooo much easier and I would hate to lose mine but I won't die from a lack of it, in fact I would probably be healthier.
The internet is a *need* for
The internet is a *need* for a healthy democracy, not a want.
Because the Government has
Because the Government has done such a fine job everywhere else
A dearth of government
A dearth of government regulations (specifically the voids created by Gramm–Leach–Bliley and the Commodity Futures Modernization Act) caused the financial crisis.
But the government successfully landed a man on the moon.
and government scientists invented the Internet.
So, in fact, democratic government can be very effective when it isn't crippled by laissez-faire ideologues.
and these private companies
and these private companies with monetary interests will?
our own internet
Hi, i'm writing to you from brooklyn, where we have setup our own internet service provider. I'd like to speak with you some time about your thoughts on building our own infrastructure in effort to simply get around any redtape put in place by the traditional isp. Our version of the internet is not a continuation of Time Warner, Verizon or any other internet service provider's backbone. In contrast to their services, we bypass them completely and do it our own way. hope to talk to you soon.
Without a voice we have no
Without a voice we have no share of the power, and without a share of the power a share of the wealth is certainly lost and our humanity is stripped away as we are brought up struggling on the threshold with base needs and insecurity. Neutrality is really the principle of choice and choice by default. It’s a right of self determination. Without it our time and attention are stolen and we are forced to watch ads and tolerate sponsorship which quickly consolidates media and drowns out opposition and works to hold our politicians hostage. Neutrality is the same principle that is at the core of our Constitution its power sharing embodied, hard wired. It’s the seed and core principle of an Internet that was born to preserve communication under the worst of conditions. It works against the fraud that has people identify with and take pride in their own oppression. Such things cannot stand the light of increased communication and dialog. The GOP (status quo) has been in crisis and is increasingly radicalized over this.
Even given recent censorship by the Chinese State it seems a lot more trustworthy than AT&T, Time Warner and Fox. There is a real risk or even likelihood that these companies will use this ruling to prevent or reverse progressive gains in the coming election cycle. These companies like the HMOs are basically “socially useless” and represent a huge risk to the future of the people and the country. The HMO’s love to gamble and then pass along cost of their addiction and profit taking by threatening people with their very lives. In telecom and media the entire business model works on suppression, collusion, and on the creation of artificial scarcity and unnecessary metering regimes. They constantly want to charge for what is unnecessary. The also like to act as if the market were not the property of the people.
We the people are market holders and they are holders of nothing if we say so. This isn’t a matter of an unruly majority, this is a matter of a few trying to block a critical public need. These companies want all speech to be commercially underwritten, especially all political speech. They expect lock out. Sony famously said of Microsoft: They will get movies when and if we say so. This corporate culture hates collectivity because it runs counter to exploitation. They love secrecy, false claims of ownership and indemnity.
Think back:
50K gag orders issued by the Bush Administration.
AT&T Wire Tapping
Voter Fraud, stolen elections, former SC Chief Justice starting his career on voter suppression. Most SC justices to this point have been slave holders.
Rulings that find debt/money to be speech.
Rulings that find corporations to have ‘rights’
Ruling that eliminates limits on corporations trying to use other peoples money to control elections.
Filibustering civil rights legislation.
Gingrich comparing the gains in health care to civil rights passage as if Civil Rights were an atrocity.
Trying to eliminate the separation between Church and State in order to inject more dogma, division and hate.
Denying due process, trying to get rid of habeas corpus, engaging in torture (US Terrorism,) in order to silence people and their elected representatives.
Rewriting text books in Texas in a regressive way.
Lying us into a war.
Asserting everything is an issue of national security is therefore secret.
Insisting on Tort caps, the destruction of evidence and corporate immunity.
Tobacco reparations.
Think of the undue influence that some ancillary entities have on American politics and US discourse. Think of the Neo Con elements of the Israeli government and the power they have been able to exert over the US political scene. Think of Fox, where a cosmopolitan has an organization that is aimed at completely propagandizing American politics and keeping people in constant fear.
The point is not to make society safe for business but to make business serve society. The point is to make our industries and institutions contribute something for the opportunity and resources they take away. The point is to limit the aspects of commercial speech that are parasitic to speech in general and political speech in particular. There is nothing wrong with genuine product information on the other side of an ad free user generated search but there is everything wrong with a modal TV ad or a bill board that causes death, traffic and property devaluation. Currently our system of speech is largely and wrongly based on sponsorship, which in practice is censorship that holds our system of political representation hostage. Even if one doesn’t believe power can be delegated this system still acts as an effective filter even against direct action.
Enshrining the choice, making it the default and reinforcing it with proper privacy will kill the advertising, publishing and broadcast industries but these industries were already culturally and technologically obsolete.
Markets are infrastructure that without a certain minimum of regulation become mechanisms to create artificial scarcity for profit, most appeals to the market are usually an appeal to collusion. Ad a little regulation to mining and it becomes 30x safer, so what if it cost the mining companies more, they weren’t entitled to it in the first place.
Think about pharmaceuticals, we are told that Canada isn’t bright enough or moral enough to make quality pharmaceutical and that nonsense protects an industry that is based on pure unadulterated marketing. The German government found that only %1 of drugs had efficacy above chance and that was with the societal placebo in place.
If we don’t reverse this instantly we will be told that we can’t connect over seas because they don’t discriminate against so called ‘content’ and they are pirates.
Content is just communication from the past, its gets no preference. Commercial speech is not elevated speech it gets no preference and not even by much earlier more reasonable court rulings. Lets be clear, Hulu sucks, it’s the worst model possible its absolutely not free its price in political terms is infinite, we don’t want sponsorship driven media. We don’t want consoles, cable or and certainly nothing that tries to layer sponsorship atop subscription. We don’t need news (propaganda) or eye witness experts, we need communication and community. We need a low priced generic subscription that provides everything ad free with massively many redundant providers of such subscriptions across the globe. We need public backbones with public, private, cooperative media exchanges that use stuff like the “Open Streaming Platform” model. Nothing, especially not search, requires ads. Every so-called media company needs to be reduced to a totally dumb pipe with no power to influence or constrain what we look at in any way. Achieve this and among other things we will see the end of the GOP.
The final currency is attention, we are defined by what we focus on, they have not right to channelize, filter, drown out with noise or define us, this comes down to our right of self definition. When it comes to the state we will be seen as intrinsically equal and not merely created equal or equally situation or having equal opportunity.
We could insist on true mesh networks that would allow us to completely cut out these telecom providers, to completely disintermediate them and their business models. They can become as outmoded as gas stations soon will be. We can work outside their copper cables and wireless spectrum to quickly form another net composed of wireless nodes and public back bone, we might even be able to use power cables as an alternative point of entry. What ever we do we need to look to support models that undermine entities like RIAA and where possible work to get laws that prohibit their business models. Enough of them they are a risk to our future or a future worth having.
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