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FCC's Neutrality Rules Too Murky To Help Consumers?
But just murky enough to help the entertainment industry?
by Karl Bode Wednesday 03-Feb-2010 tags: legal · Fileswapping · fcc · business
If you recall, legal experts have already stated that the FCC's proposed network neutrality laws -- as currently worded -- are so murky they might not be of any substantive use. Just as with the FCC's current guidelines, which Comcast is challenging in court, the rules leave the term "reasonable" undefined -- leaving the door wide open for heavy-handed behavior by ISPs who can claim that essentially everything is "reasonable." More specifically, the EFF is claiming the loopholes are going to come in very handy as the entertainment industry pushes ISPs to become content police:

now that the FCC has formally issued draft net neutrality regulations, they have a huge copyright loophole in them - a loophole that would theoretically permit Comcast to block BitTorrent just like it did in 2007 - simply by claiming that it was "reasonable network management" intended to "prevent the unlawful transfer of content." You heard that right - under these conditions, the new proposed net neutrality regulations would allow the same practices that net neutrality was first invoked to prevent, even if these ISP practices end up inflicting collateral damage on perfectly lawful content and activities.

The EFF has subsequently launched a letter writing campaign aimed at getting the FCC to tighten up the wording of their proposed neutrality rules.

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ThrowDemsOut
If you can't convince 'em, confuse 'em
Premium
join:2002-03-03
Mullica Hill, NJ
kudos:4

Murky is a 2 way street

FCC's proposed network neutrality laws -- as currently worded -- are so murky they might not be of any substantive use.
The EFF is worried that this could be abused by ISPs in league with content producers to eviscerate the rules.

But I bet the ISPs are just as worried about "murky" rules that could be used by the FCC to rule arbitrarily against them.

It is in the interest of both sides to get as SPECIFIC and well defined rules as possible. But that isn't how the FCC likes their rules. They like them vague so as to give them as much regulatory flexibility as possible.

toddbs98

join:2000-07-08
North Little Rock, AR

Expect anything different?

Who really expected the Government to do anything to protect consumers?

dib22

join:2002-01-27
Kansas City, MO
kudos:2

Re: Expect anything different?

it's "We the People" not "We the separate legal entity having its own rights, privileges, and liabilities distinct from those of its members."

i expect them to.

Cougar311

join:2002-07-18
Marietta, GA

Stop the Net Neutrality Act!!!

we have got to Stop the Net Neutrality Act!!!

This will kill our FREEDOM OF SPEECH!!!

I know the name is deceiving (Neutrality) but I am telling you the truth, the gov wants to control the net and everything on it!!!

Help stop this, Email your Senators!!!

Thanks!

Bill Dollar

join:2009-02-20
New York, NY

Re: Stop the Net Neutrality Act!!!

What exactly is the "Net Neutrality Act," and how exactly will it kill our freedom of speech?

I need the name of the Senate bill if I am to email my Senator. Also, to avoid sounding like an hysterical Glenn Beck Zombie, I need a little more info to put in my email to my Senator.

But your pitch convinced me. Great job. Up until now I thought network neutrality was a interconnection regulatory structure that prevented facilties-based ISPs from price discrimination, or blocking or discriminating against specific types of content. I was under the impression, having read all the prior draft legislation and the current NPRM at the FCC, that it was about promoting freedom of speech and preventing companies like AT&T and Comcast from deciding which speech is most important. But your well-researched arguments here have me completely rethinking all of that.

pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD

1 edit

Enough With This Already!

The last time people whined about "net neutrality" we got hard caps and almost every ISP under the sun doing their best to implement low caps and insane overage fees.
--
"Net Neutrality" zealots - the people you can thank for your capped Internet service.

digitalfreak
Premium
join:2005-12-09
Blacklick, OH

Re: Enough With This Already!

said by pnh102:

The last time people whined about "net neutrality" we got hard caps and almost every ISP under the sun doing their best to implement low caps and insane overage fees.
Which they wouldn't do even without net neutrality?

toddbs98

join:2000-07-08
North Little Rock, AR
Your right Comcast knows what you need and dont need to see on the Internet and they are in a better position to decide whats in your best interest.
What you are talking about has nothing what so ever to do with Net Neutrality.
--
Patriots always speak of dying for their country never killing for it. Bertrand Russell
GTO Judge

join:2010-02-04
Ogden, UT

"neutrality?"

Sounds like Patriot Act II to me. Isp's should have no business whatsoever looking at what i'm doing on the internet or where.
This whole issue should be ruled on by the supreme court as a privacy rights violation.

Cougar311

join:2002-07-18
Marietta, GA

Hard to find out...

It's really hard to find out what is in the bill. From what I heard it is BAD and everyone is jumping on board because of the name of the bill (neutral)..

Cougar311

join:2002-07-18
Marietta, GA

link

»www.redstate.com/neil_stevens/20···trality/

I also started a thread..
chronoss2009
Premium
join:2008-09-23
kudos:2

ok americans dont say canada neverhelped you

reasonable for this definition shall be determined to mean :
WHEN the capacity you have in place reaches a certain threshold say 70% -80% on all time usage that you can implement throttling to prevent going past capacity of 90% thus leaving slight bursts possible.

REMEDIES : as fast as ones company can afford to add additional capacity shall be required by law to be done within 4 months to add a minimum of 5% every 4 months where capacity is an issue.

------------------------
not a lawyer but you get the idea NOW QUIT DRAGGING YOUR FEET AND DO THE RIGHT THING FOR YOUR PEOPLE.

this crap up here should be dealt with some reason BCE cant or wont or hasn't the ability to add capacity cause they are idiots JUST greedy idiots

screemanem

@comcast.net

Re: ok americans dont say canada neverhelped you

LOL funny. You do realize the FCC has pretty good lawyers? And they know your wording wouldn't stand up to consitutional scrutiny? It's basicly a "taking" of private property for no cause.

People need to get real. The government DOES NOT have the expressly given power to do half the things it does already. This would just be another Unconstitutional taking of private property with no cause.

Net Nudertrality will always be a joke, as it should be.

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