Court Upholds Net Neutrality Repeal, With Some Caveats

Oct 01, 2019 · 40 comments
highway (Wisconsin)
On a slightly different tack, it is disgraceful that huge areas of the country have virtually no internet access at all, still less "high speed" internet. Wouldn't be prudent (or profitable). Of course that's not government's job. I'm sure the residents of the area transformed by the TVA are completely onboard with this shameful reality.
CH (Indianapolis, Indiana)
As the saying goes, elections have consequences. Voters need to pay attention, and candidates need to communicate clear messages as to what the stakes are.
The Iconoclast (Oregon)
The F.C.C. chairman, Ajit Pai is a complete rightwing idiot. Beyond that what we have to pay for internet service is obscene. I am at the extreme bottom on an income scale and if I want internet service at all in the Eugene Springfield Oregon area Comcast will charge $70.00 a month.
Dan Mullendore (Indianapolis, IN)
I ran into net neutrality issues in the early 90’s. I was a network engineer and I was working to connect a doctor’s office to a hospital system via a VPN connection. It was very low bandwidth, just green screen and keyboard traffic. We were using a basic cable TV Internet connection, but the VPN would disconnect about every two minutes. It would take 10 of 15 seconds to reconnect. It basically made the set up unusable. Working with the VPN vendor, I spent a couple of days trying to figure out the problem. After the VPN vendor told me it looks like you are getting a disconnect message, and the box on the other end did not send it, I got hold of the cable company and it took me a couple of days to actually talk to a network technician. He told me that the cable company decided that VPNs were creating too much traffic on their network and they had a program running that would actively inject disconnect packets into the data stream and the result was that one end would disconnect. The Dr’s Office was forced to upgrade to a more expensive (double the price) connection with 20 times the needed bandwidth. So, when net neutrality goes away, it basically means that something like Netflix will stop streaming and say “buffering” or the video will pixilate and you will have no good idea why, but your service provider will be glad to make you buy the “streaming” package to get Netflix to work. Oh, but you want Hulu to work too? That will cost extra!
Asymp (Tote)
Sadly, most people pay zero attention to these things and just complain. Look at 2016. People believed every lie. They still believe these lies. Sigh.
David J. Krupp (Queens, NY)
If the American people vote Trump and all the republicans out of office, this ruling can be reversed by a new law.
Bruce Maier (Shoreham, BY)
We need a Democratically elected government to pass laws to enforce net neutrality, not the GOP FCC.
Larry (Richmond VA)
If the internet is not a utility, nothing is a utility.
MyjobisinIndianow (NY)
Everyone is worried about what AT&T and Comcast MIGHT do while Google and Facebook make billions off our personal data and child sexual exploitation.
Telecom Industry Analyst (Boston)
One other thing that the article missed. The arcane matter of who can attach cables and equipment to poles, how much they pay and under what terms is written into the part of the law called Title II. This is exactly the law that the FCC decided does not apply to ISPs. If ISPs now have neither the rights nor the responsibilities that come with being a Title II telco or a cable company, we are looking at more chaos in an already chaotic realm. The court rightly kicked this back to the FCC and told them to fix it. Now, the FCC can't just say that none of Part II applies to ISPs, except for Section 271. I have no idea how they're going to square that circle.
Telecom Industry Analyst (Boston)
I took the time to read the opinion. Frankly, I was blind-sided and disappointed. What it says between the lines (2-1) is that two Supreme Court precedents, Chevron and Brand-X, tied their hands. Chevron says that an agency can interpret an ambiguous law any way it wants to, as long is it's "reasonable". By this opinion, the bounds of reason apparently are extremely broad. In this case, the FCC relied on cooked and irrelevant data to justify what it did and summarily dismissed valid criticisms and alternative data. This was "reasonable". Chevron is controversial, particularly among some recently appointed Supreme Court justices, because it is usually used to uphold progressive regulations. Brand-X is a particularly illogical decision from 1992. It says that Internet Service Providers fit into the "Information Services" bucket in the Communications Act, because ISPs used to bundle email, portals, web hosting and such with service. The FCC's excuse was that when consumers use the Internet, there are two bits of data processing, "DNS" and "Caching" that happen without their knowing about it. The tech community almost uniformly agrees that DNS and caching really aren't part of the Internet service, but the FCC ignored them. The court says that the Brand-X precedent makes them allow this bit of sophistry. When the Supreme Court ruled on the census case, I had hoped that it would affect the outcome of this one: an agency has wide latitude but not on a pretext. I was wrong.
George (Toronto)
I use video very less and somebody else uses it a lot. Why should I pay for another persons habits. Everybody paying the same and these standard tiers have extinguished the chances of 15 dollar phone bills.
Bruce Maier (Shoreham, BY)
@George That is NOT this discussion is about. This decision is to allow the ISP's the ability to choke off anyone they decide.
lcr999 (ny)
@George and that is pretty much irrelevant to the argument at hand
Grover (Virginia)
Pai and Trump are , not surprisingly, acting in favor of big business and profit, at the expense of consumers. The FCC action will limit consumer choice, and let big ISP's decide what websites people can easily view. That decision is undemocratic and certainly not in the interests of the American people. Trump, Pai, and the GOP represent big business, not the people, that's clear.
trebor (usa)
@Grover Well, yes. That's been clear from day one. Trump is populist grifter. Promising one thing and doing the opposite. Anyone whose income and wealth is less than the financial elite who voted for him with the understanding that he would make their life more prosperous and secure is finding that it is the financial elite who have prospered under his tenure. Everyone else is less secure.
Bruce Maier (Shoreham, BY)
@Grover What is worse is that his supporters do not understand this. They have been conned. Folks like me, living near NYC, knew Trump for what he is. That is the reason the vote totals in NYC for him were abysmally low. His supporters actually believe he is their guy, when nothing could be further from the truth. I didn't used to look down on the people in fly-over country, but given their decisions to support Trump, I realize they are naive. Yes, us East Coast liberals now have good reason to look down on these hay-seeds.
Pete Prokopowicz (Oak Park IL)
I'm tired of being whip-sawed by all this "Net Neutrality On" / "Net Neutrality Off". What's the current status, again? It's good, but it's going to be bad? Or is it already bad? It does seem kind of bad now, I think.
Mons (E)
This ruling is great for you if you enjoy how Comcast att/whatever isp you have logs every website you visit and sells that info.
Ajvan1 (Montpelier)
So, even the Obama appointed Judges on the 9th Circuit have become water carriers for Trump and the Republican Party. These Judges have pandered to big business and failed American consumers yet again. Its no big surprise, but it is sad. The US "justice" system is a farce. You get "justice" if you're wealthy or a corporation. For we regular Joe's on the street, justice is just a fairy tale. The roll back of regulation in favor of big business by these skinheads in black robes will continue until individual consumers have no rights at all.
Jon Q (Troy, NY)
@Ajvan1 we cannot afford another republican or corporate democrat to be elected president. I'm not voting for Bernie because of his healthcare, environmental and education proposals because I know they need to pass the house and senate (which I support however because of that reality, not gonna happen), however he has shown the sort of wisdom and character that I want to see when it comes to appointing judges, department heads, diplomats, etc.
trebor (usa)
@Jon Q Look ahead! No, universal health care will not happen after 2020. But with a Sanders presidency whipping the public vote to end the tenure of corporate owned senators and representatives and replace them with honest politicians representing constituents' interests,2022 or 2024 is very likely to change the composition of both chambers. The public craves integrity. It is starving for integrity. Escaping the stranglehold of the "establishment" (IE the financial elite) is a goal for a huge majority of voters. They just happen to be divided by party. Both parties lie to everyone. A Sanders or Warren presidency with change that equation. It would transform the democratic party to one representing the Average American over corporate financial elite interests. transforming it to an honest party of integrity. When that happens, the republican party will be reduced to ashes and may never rise again. That is the importance of Sanders or Warren. It's not the individual policy proposals. It's the tipping of the balance of Power into the hands of the 99% and out of the hands of the financial elite. Everything else good will follow as a consequence of that power transformation.
trebor (usa)
@Ajvan1 Some day people will admit Obama was a corporatist and not a progressive. Further, that he strategically inept. He didn't see what was obvious to everyone else...there was to be NO compromise with republicans. Their explicitly stated goal, backed by every single action, was to end his presidency early and erase whatever legacy he could create. McConnell said it outright and in public. Obama was essentially a good 1970's republican. That was reflected in his choices for the bench. Evenhanded while his nemeses vowed and executed radically one sided actions. The roll back of regulation in favor of big business will continue until a genuine progressive dedicated to ending the corruption of politics by the financial elite is elected. There are currently two excellent presidential candidates who will work to end corporatist corruption. Support them and Vote for them. Our country's existence as a genuine representative democracy depends on it. We are a hair's breadth from permanent insurmountable legal rule by corporate interests and the financial elite.
TR NJ (USA)
So if there is net neutrality in New York, and you cross into a neighboring state that does not allow net neutrality how in the world will that work? This is crazy and a lazy decision on the part of the FCC. More work to be done on this!
Mia (San Francisco)
Everything around lawmaking, court ruling and reportage re tech is invariably weak. That’s because tech is secretive and fast moving and the only element in the equation in possession of the almighty “data.” This ruling is a messy answer to a bad policy change.
Aaron G. (Upper East Side)
I agree with the intent behind net neutrality rules, and will take such flawed policy if that's the best we can get, but I would rather see federal, state, and local governments tackle the root of the problem that caused netizens to begin clamoring for net neutrality in the first place, which was the loss of competiton in the "last mile" of wired Internet connectivity. This stems from government being asleep and not insisting that the cabling owned by your local cable franchisee be operated as a "dumb pipe" with requirements to offer wholesale access to competing ISPs. We didn't need to worry about net neutrality back in the day when we still had a thriving industry of independent small and mid size DSL providers who could piggyback on the wires incumbent local exchange carrier.
lcr999 (ny)
@Aaron G. There obviously is little money to be made in being a "dumb pipe" , or at least not as much as they want.. ISPs long for the cable TV model where they sell content not dumb access. Back to the days when the only GPS I could get on my phone was Verizon Maps at $10/month extra. Pretty soon your ISP will charge you extra if you want access to Amazon.com or just automatically redirect you to Walmart.com. In the end it is not just about speed, but about access. The whole internet address system is built on trust, that when you type in www.weather.com you will actually be taken there, and not automatically redirected to www.spectrumweather.com instead.
Bartolo (Central Virginia)
Can't wait for the new government and the back of Idjit Pie.
Joe Ryan (Bloomington IN)
The appeals court comes off sounding lazy (like the U.S. Supreme Court in the gerrymandering decision). Who cares how many times it has been litigated? If it’s true, it’s true. P hysically, they’re common carriers.
suzanne (new york)
This article demonstrates poor writing. How about explaining to us these caveats mentioned in the title? The author said the decision gave both sides something to cheer about but only described one side of the outcome. Why does this outcome "ensure the debate will continue"? Readers are left to guess, thanks to vague prose.
Rob Kaufman (Manhattan)
Suzanne, yeah, totally confusing. I’m well-educated and relatively bright, but the article on which we’re commenting left me completely befuddled. I know net neutrality is a good thing for consumers, but for the life of me I can’t figure out what the ruling means. Is net neutrality back, or what? trump and his FCC lackey supporting their corporate patrons. What a mess!
J.Q. Rio (Jersey City)
@suzanne - On the one hand, the court upheld the FCC decision, but, on the other, allowed (contrary to the restrictions that the FCC had placed on the states) any state to make a different one....
CPlayer (Whidbey Island)
@J.Q. Rio Allowing a state to make a ruling hardly has the potential to ensure a free and open internet. I don't see anything there to cheer about.
Eugene (NYC)
Of course, the story doesn't include the court's decision so this comment is a bit of speculation. But if the decision really allows states to enact their own rules on net neutrality, them it really doesn't matter. If only a few states (new York, California, Massachusetts) enact effective net neutrality rules then for all practical purposes the rules will apply to the whole country.
Andy (NC)
@Eugene Sorry, how does this automatic process work? I have to politely disagree. Internet prices and Quality of Service are controlled at a sub-state, that is a local level, So all that will happen is consumers in areas outside the states you mentioned will see different prices and bandwidth, ones based on an individual providers whim, whereas those in Mass (for example) will not see the same variations. This is easily doable with existing technology, in fact already happens for a lot of geo content Sure, all the states can pass the same resolutions if they want, but as you agree, That is unlikely,
Eugene (NYC)
@Andy Overall, rates and QOS may be controlled locally, but net neutrality means that particular servers can't be slowed. It's one thing to slow NBC.COM or NYTIMES.COM when it enters your syste. It is quite another to slow it locally - not impossible, but much more difficult and expensive.
Occupy Government (Oakland)
The Internet is global. Doesn't it make more sense to have a national standard?
Jerry (upstate NY)
@Occupy Government Surely you jest! Common sense from this administration??
Tim (NH)
@Occupy Government There is. The internet is a free and open place, and regulation should not happen. The enthrallment with the federal government controlling everything is fascinating. Until they start regulating YOUR speech; then suddenly you'll care.
lcr999 (ny)
@Tim It is only free and open as long as your ISP says it is. If your local ISP got paid $1M to redirect all traffic directed to www.abc.com to www.nbc.com instead, don't you think they would take it? And what could you do about it. The question is whether youlet the capitalists control access or the government mandate open access. the unregulated internet will become like Cable TV. Want to access the NY Yankees channel, "sorry, can't do that, we don't have an agreement with them"