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The Courts Government The Internet United States Politics

FCC Says Net Neutrality Decision Delay Is About Courts, Not Politics 60

blottsie writes with this news from The Daily Dot: "The Federal Communications Commission's seemingly suspicious timing in delaying its net neutrality decision has absolutely nothing to do with recent politics, according to an FCC official. Instead, it's a matter of some people in the agency insisting they be more prepared before going to court to defend their eventual plan. In January, the U.S. Court of Appeals in Washington, D.C., ruled in favor of Verizon, which challenged the FCC's 2010 Open Internet rules, striking down the agency's net neutrality protections. The court found that the FCC did not use the proper legal structure to establish its regulatory authority over broadband service—something that many legal experts say would not be the case if the FCC invokes Title II. The FCC's move to delay the net neutrality decision, which followed President Obama's support of Title II reclassification, was just a coincidence, according to the FCC official:" Before the president weighed in, several of our staff felt like the record was a little thin in areas, and the last thing you want when you go to court for the third time is for a court to say the record was too thin, or you didn't give adequate notice. We are going to be so careful this time that we have crossed every T and dotted every I. Some of the staff felt we're not quite there yet."
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FCC Says Net Neutrality Decision Delay Is About Courts, Not Politics

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  • by Bob9113 ( 14996 ) on Friday November 14, 2014 @07:50PM (#48389237) Homepage

    The best days to announce things like, "We've decided to completely ignore the will of the people and do what the guys with wheelbarrows full of money tell us to" are the days right before Thanksgiving and right before Christmas. My bet is on Nov. 25, leaving a day to get home to family, but Nov 26, or Dec 19, 22, or 23 would not surprise me.

    We can also say with some certainty when they won't announce; Dec 2, 9, or 16 -- Tuesdays during full work weeks -- are extremely unlikely.

    • Re: (Score:2, Insightful)

      by Anonymous Coward

      They're feds. Why don't they just pass it in the secret courts like they do everything else?

    • These guys don't really think like that, usually.

      They'll be aware of it, sure; they will avoid making decisions that tank later opportunities in the private sector. But they are also usually not actively trying to do the wrong thing--they're trying to figure out what a fairly decent policy is that they can get traction on.

      The FCC doesn't have big teeth, and it has a lot of people who have industry experience and therefore an industry point-of-view. They are realists, and will probably try to put together

      • by strack ( 1051390 ) on Friday November 14, 2014 @09:55PM (#48389605)
        Theres not much democracy in this particular decision making process. Theres the public private revolving door and plenty of lobbyist cash. And while democracy can be a bad basis for decision making, rampant regulatory capture by a industry with a natural monopoly in order to squeeze as much money out of customers as possible, and enact regulations that allow you to funnel customers to the sites of your vertically integrated media production companies, is a worse basis for decision making. People dont support it because they like the word "neutral", they support it cause it dosent take much imagination to figure out how fucked the internet is if net neutrality is not in place.
      • by Bob9113 ( 14996 ) on Friday November 14, 2014 @10:09PM (#48389665) Homepage

        As to the will of the people--we're talking net neutrality. People support it because they like the word "Neutral."

        There may be some like that, but people like me, who have been working on the Internet since before hypertext, support it because the idea of letting ISPs make deals for fast lanes is about as stupid as allowing the electric company make deals with companies to cut off electricity to their competitors.

        • I like the idea of Net Neutrality. However, I do not believe that the government regulation that will implement "Net Neutrality" will reflect that good idea. And of course that leaves out the question of which form of Net Neutrality? Is it:
          • A) All packets must be treated the same, no matter what protocol they are?
          • Or

          • B) All packets must be treated the same, no matter their source or destination (but different protocols can be treated differently)?
          • I am convinced that government regulators will find a third

          • by Bob9113 ( 14996 )

            which form of Net Neutrality? A) protocol neutral? B) endpoint neutral?

            Both -- the carrier should not make prioritization decisions for me. My network and software should handle that, since my ISP can't know which packets are highest priority to me.

            I am convinced that government regulators will find a third definition for Net Neutrality

            That is a good reason to be eternally vigilant of the FCC, and the Internet is worth our effort. It is not a good reason to abdicate the decision to the ISPs, whose financial

  • Pbbbt (Score:1, Troll)

    by koan ( 80826 )

    It's been a conspiracy since day one, Obama appointed a lobbyist for the industry to the head of the FCC, then after it's a republican controlled congress and he has zero clout he comes out for "Net Neutrality" mean while fascist like Cruz say it will hurt Internet commerce, and that it's extreme.

    This is about buying time to grease the congressional wheels with industry cash and figuring out the best argument against the common carrier.

    • Re:Pbbbt (Score:4, Insightful)

      by houstonbofh ( 602064 ) on Friday November 14, 2014 @08:19PM (#48389351)
      Come on... At least this is one thing both sides totally agree on and give bi-partisan support. "Screw the people" is the motto.
    • It's been a conspiracy since day one, Obama appointed a lobbyist for the industry to the head of the FCC, then after it's a republican controlled congress and he has zero clout he comes out for "Net Neutrality" mean while fascist like Cruz say it will hurt Internet commerce, and that it's extreme.

      This is about buying time to grease the congressional wheels with industry cash and figuring out the best argument against the common carrier.

      Absolutely! GW Bush would never have appointed someone beholden to the industry to head the FCC [wikipedia.org]

      There's plenty of blame to go around -- and even more money, especially after the Citizen's United [wikipedia.org] decision.

  • by Anonymous Coward

    "Some of the staff felt we're not quite there yet." by "staff" they mean Verizon, right?

  • If they weren't opting for a trashy "hybrid" approach designed specifically to avoid preventing ISPs from abusing consumers, and instead were going for full bore Title II reclassification, they wouldn't need so much time to create a legal defense.

    • Re:Full Title II (Score:5, Interesting)

      by Todd Knarr ( 15451 ) on Friday November 14, 2014 @10:52PM (#48389805) Homepage

      Except for the Congressmen and Senators and ISP reps who're saying the FCC doesn't have the authority to change the classification to Title II. What they're probably doing, what I'd be doing, is preparing an iron-clad argument based on the statute and on case law since then that the FCC does indeed have not just the authority to decide the classification (easy, the statute explicitly says they do) but also the authority to change it at a later date (this takes more research to nail down).

      • And then a month later, the law is changed after it's attached to something that 'must' pass. Then the lawsuits pour in.

  • It's not like we the people ever believe anything the government says anymore. The American people have been so filled with BS over the last few administrations regardless of which part is in power that we have all become jaded. If you are a republican you don't believe anything the democrats say. If are a democrat you don't believe anything the republicans say. If you are one of the aforementioned parties you have been sucked into the false dichotomy and they have you pitted against each other so they

  • Constant repetition is a proven method of reenforcing an idea, no matter how absurd it might be. People are believing. All is well. There is nothing to complain about.

    • And even if you don't believe in a certain course of action, more than 99% of people simply won't oppose the wisdom of the crowd / authority / whatever. Going along to get along appears to be an inherent trait of humans - and one that explains everything from Nazi death camps to the mortgage scams to "My country right or wrong".
      • Going along to get along appears to be an inherent trait of humans...

        Nothing 'human' about it. It's plain old herd instinct. It's hardwired in. This is what is being exploited so easily, and we're not ever going to argue our way out of it. On the contrary, we will continue to write holy books wholly rationalizing it as necessary subservience to whoever's god rules that particular century. The best we can do about our biological nature is ponder. Change is not forthcoming.

  • Only today, I realized that slashdot is actually over. I've been wondering why I get 15 mod points every time I log in, and only now does it hit me. I'll bet that I'm one of probably 5 people that are moderating, and I'll bet that there's less than 50 people that are actually participating in slashdot at all (commentators and moderators). Looking at the last few stories, it looks like there are less than 30 comments to most stories these days, and I haven't been seeing many posts even getting points, mos
    • We all went to Soylent News - the stories are more like the slashdot of old.
    • I'll bet that I'm one of probably 5 people that are moderating

      I don't moderate because moderation is fundamentally broken. You cannot moderate and comment in the same story, so the people best qualified to do both have to choose one or the other.

    • Sadly, I have to agree. I've been a frequent visitor to the site since 1999, and in that time, I've seen lots of ups and downs. I think things really culminated in a fever during the iOS vs. Android arguments three or four years ago when every article was clickbait to get the masses to chew each other up. I wouldn't be surprised if a lot of the "old guard" packed up and left during that time.

      Since things have calmed down, Slashdot seems to be slowly sinking into irrelevance. I'm seeing a lot more conversati

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