Net neutrality and Title II win in court, as ISPs lose case against FCC

Appeals court decision upholds FCC's net neutrality order.

Read the whole story

 

[Anvilfang]

Congrats America, you've done something right

 

[ten91]

Anvilfang[/url]":11wlqvwz]Congrats America, you've done something right

Please. We're always right. It just may not always be the smart thing.

 

[therealeffingaeiouy]

Woohooo do a little dance get down tonight...

 

[avg-j0hnny]

Suck on that, Comcast and co

 

[Deleted member 14629]

Good. I look forward to see the outcome from the carrier side of things.

 

[THavoc]

ISPs' First Amendment claims (among others) were rejected. "Because a broadband provider does not—and is not understood by users to—“speak” when providing neutral access to internet content as common carriage, the First Amendment poses no bar to the open internet rules," the judges wrote.

In other news:

DUH

Gotta give them credit for trying at least (for being greedy assholes).

I look forward to the day where the ISPs are just dumb pipes.

 

[THavoc]

Anvilfang[/url]":1eowzixn]Congrats America, you've done something right

It takes us a while, but yeah. Once in a while we get lucky.

 

[arkiel]

All this and Ajit "Baby Murdering Undead Dingo" Pai is leaving office June 30. Truly, June 2016 shall be remembered in the annals of the ISP/Consumer Interest Wars.

Edit: I'm reading the Williams concurrence / dissent that starts on page 116.

Caselaw gives two alternative standards for the FCC to meet. Williams, of course, went with the stricter test.

He/she concludes that the FCC position on investment being divorced from regulation, which has been born out in the wake of reclassification, was discussed too summarily and not appropriately supported for his/her dumbass liking.

The FCC position that ISPs should have been on notice that regulation was incipient? Williams disregards the clear roadmap the FCC received in its Comcast (Verizon, actually) decision, as well as the constant tinnitus roar of anti-trust and customer complaint that's been accompanying ISP services for years.

He/she appears to rely upon investment numbers culled from telecom studies.

tl;dr Williams is an industry shill, whose dissent is a collage of second-guessing the rigorousness of the FCC's reasoning by applying an inappropriate standard of scrutiny, apparently ignoring the segue in FCC policy that existed before Brand X, and applying his/her own limited awareness of those events in place of the true litmus test, the awareness of ISPs. ISPs have been on regulatory notice since Brand X. The Comcast case was another link in that chain. When you pretend a decade of jurisprudence can't be linked together to form a realistic portrait of reasonable industry expectation, you've lost a great deal of credibility.

EDIT:
Or Williams is just doing his/her predetermined job as devil's advocate to appease the telecom industries, which isn't ethically ideal but not as egregious as being 'an industry shill' and a 'dumbass'.

 

[Uxorious]

THANKYOU^TM, US Court of Appeals

 

[Verteiron]

You can always depend on America to do the right thing, after exhausting all other options.

 

[THavoc]

arkiel[/url]":xspuxnly]All this and Ajit "Baby Murdering Undead Dingo" Pai is leaving office June 30. Truly, June 2016 shall be remembered in the annals of the ISP/Consumer Interest Wars.

Oh? is that so?

*does happy dance*

However, the chances of getting a replacement who's closer to Wheeler is remote at best.

Perhaps "the people should decide"? *snicker*

 

[TimmyD]

Not only that, but every single part of the FCC order was upheld.

Next up: getting rid of zero-rating, data caps, and usage-based billing.

 

[ApplePaladin]

Why does it feel like this is just the prelude to the telco lobby's next attempt to undermine net neutrality and customer protections?

 

[gullible skeptic]

Is this show over? Can we go now? I'd hate to leave only to find out that halfway through the credits there is a Supreme Court stinger.

Comcast's "This is SO unfair" announcement should be entertaining, though.

 

[Mystiq]

therealeffingaeiouy[/url]":31uxol16]Woohooo do a little dance get down tonight...

Suing you for copyright infringement in 3... 2...

 

[THavoc]

itdraugr[/url]":3ksjwi6r]Why does it feel like this is just the prelude to the telco lobby's next attempt to undermine net neutrality and customer protections?

Because they are stalling in the hopes that Trump **shudder** is elected Pres in Nov.

 

[Akemi]

Now for the lamentation of certain congress-critters who will no doubt label this a ruling by activist judges. :/

 

[THavoc]

gullible skeptic[/url]":1pb8qfxz]Is this show over? Can we go now? I'd hate to leave only to find out that halfway through the credits there is a Supreme Court stinger.

Comcast's "This is SO unfair" announcement should be entertaining, though.

Actually, I'm awaiting the response from Congress about "activist" judges

Edit: Damn it Akemi! ninja'd.

 

[vlam]

I had an orchestrated dance number for this day, but Wheeler's assistant informed me that not only is he unavailable perform with me, but he doesn't dance (at least, publicly).

You all will have to simply be satiated with a little poem:

Roses are red
Violets are blue
The internet is open
ISPs, fuck you.

 

[THavoc]

vlam[/url]":3ptbjn0v]I had an orchestrated dance number for this day, but Wheeler's assistant informed me that not only is he unavailable perform with me, but he doesn't dance (at least, publicly).

You all will have to simply be satiated with a little poem:

Roses are red
Violets are blue
The internet is open
ISPs, fuck you.

Ummm, you don't have a cardboard standie of Wheeler to use?

Want to borrow mine?

 

[TimmyD]

The cable lobby can always take it to the Supreme Court, but I don't think the odds are in their favor.

 

[THavoc]

TimmyD[/url]":9us5qwtt]The cable lobby can always take it to the Supreme Court, but I don't think the odds are in their favor.

Sshhhh!!

Don't give them any ideas!!

Perhaps they won't think of doing that.

 

[vlam]

THavoc[/url]":1crs2j2u]

vlam[/url]":1crs2j2u]I had an orchestrated dance number for this day, but Wheeler's assistant informed me that not only is he unavailable perform with me, but he doesn't dance (at least, publicly).

You all will have to simply be satiated with a little poem:

Roses are red
Violets are blue
The internet is open
ISPs, fuck you.

Ummm, you don't have a cardboard standie of Wheeler to use?

Want to borrow mine?

You think I choreographed a waltz or something? Stiff hips is a no go in my dance numbers.

 

[THavoc]

vlam[/url]":2rd56e4v]

THavoc[/url]":2rd56e4v]

vlam[/url]":2rd56e4v]I had an orchestrated dance number for this day, but Wheeler's assistant informed me that not only is he unavailable perform with me, but he doesn't dance (at least, publicly).

You all will have to simply be satiated with a little poem:

Roses are red
Violets are blue
The internet is open
ISPs, fuck you.

Ummm, you don't have a cardboard standie of Wheeler to use?

Want to borrow mine?

You think I choreographed a waltz or something? Stiff hips is a no go in my dance numbers.

This makes me sad.

 

[calson33]

I don't think my impression of anyone has so drastically changed as it has for Tom Wheeler.

 

[Wickwick]

To be immediately appealed to a full en banc hearing? Or is this the end of it?

 

[ken27238]

TimmyD[/url]":2a8v2j7y]Not only that, but every single part of the FCC order was upheld.

Next up: getting rid of zero-rating, data caps, and usage-based billing.

I like my free music streaming from T Mobile

 

[TimmyD]

THavoc[/url]":3lf8debk]

TimmyD[/url]":3lf8debk]The cable lobby can always take it to the Supreme Court, but I don't think the odds are in their favor.

Sshhhh!!

Don't give them any ideas!!

Perhaps they won't think of doing that.

Please, they thought of that the minute after they sued.

With Scalia dead, the best outcome they can get is a partisan 4-4 tie, and in this case, they lose.

 

[mtelesha]

Mobile Internet still is not net neutral and probably never will be. Freedom of users and the development of businesses needs better mobile internet regulations.

 

[Verteiron]

calson33[/url]":2gu4cjch]I don't think my impression of anyone has so drastically changed as it has for Tom Wheeler.

When he was appointed, so many people (myself included!) simply rolled their eyes and assumed that the former cable lobbiest would just contribute further to regulatory capture. Rarely am I am so happy to have been dead wrong.

 

[shadedmagus]

Excellent! The battle has been won.

But there will always be others; these chuckleheads will stop at nothing to get rid of any regulation that forces them to spend money on anything other than the profit margins.

"The price of liberty is eternal vigilance."
- Thomas Jefferson (maybe)

 

[Nowicki]

Tom wheeler for the win. As much as I want to see money removed from politics I want to pay this man

 

[TimmyD]

mtelesha[/url]":15c2jd6l]Mobile Internet still is not net neutral and probably never will be. Freedom of users and the development of businesses needs better mobile internet regulations.

Actually, the order applies to mobile internet too.

 

[THavoc]

TimmyD[/url]":rbaljee5]

THavoc[/url]":rbaljee5]

TimmyD[/url]":rbaljee5]The cable lobby can always take it to the Supreme Court, but I don't think the odds are in their favor.

Sshhhh!!

Don't give them any ideas!!

Perhaps they won't think of doing that.

Please, they thought of that the minute after they sued.

With Scalia dead, the best outcome they can get is a partisan 4-4 tie, and in this case, they lose.

True but by the time arguments are heard, I'd expect there to be a 9th judge in place again.

 

[Deleted member 14629]

THavoc[/url]":1plbmhyh]

TimmyD[/url]":1plbmhyh]

THavoc[/url]":1plbmhyh]

TimmyD[/url]":1plbmhyh]The cable lobby can always take it to the Supreme Court, but I don't think the odds are in their favor.

Sshhhh!!

Don't give them any ideas!!

Perhaps they won't think of doing that.

Please, they thought of that the minute after they sued.

With Scalia dead, the best outcome they can get is a partisan 4-4 tie, and in this case, they lose.

True but by the time arguments are heard, I'd expect there to be a 9th judge in place again.

Not if the GOP has anything to say about it.

 

[THavoc]

shadedmagus[/url]":3taevb3w]Excellent! The battle has been won.

But there will always be others; these chuckleheads will stop at nothing to get rid of any regulation that forces them to spend money on anything other than the profit margins.

"The price of liberty is eternal vigilance."
- Thomas Jefferson (maybe)

I doubt it's truly "won" yet. If they choose not to appeal, I'm sure there will be other lawsuit attempts.

Plus, there's always "pressure" they can apply to their, ummm, friends in Congress to gut the FCC or change the laws.

I just don't see them giving up because they lost this appeal.

 

[Uxorious]

THavoc[/url]":yqhjsi5w]

I look forward to the day where the ISPs are just dumb pipes.

It is an interesting trend that that companies once responsible for core, if boring, products from toilet paper to telephone service have fallen prey to marketing-led initiatives to "innovate, re-brand, re-package, excite!" in search of greater revenue growth and "shareholder value" at the expense of actually providing sound service.

Although it is undeniably a difficult task to implement, maintain and extend wired communication networks, they have provided customers and companies a stable product and business for over 100 years, only to fall prey to the desire to be "Content Conveyers" instead of reliable data providers.

Here's hoping all ISPs don't succumb to the trendy "triple-ply, double-roll, extra soft" business model.

 

[THavoc]

Happysin[/url]":2ozqgv1o]

THavoc[/url]":2ozqgv1o]

TimmyD[/url]":2ozqgv1o]

THavoc[/url]":2ozqgv1o]

TimmyD[/url]":2ozqgv1o]The cable lobby can always take it to the Supreme Court, but I don't think the odds are in their favor.

Sshhhh!!

Don't give them any ideas!!

Perhaps they won't think of doing that.

Please, they thought of that the minute after they sued.

With Scalia dead, the best outcome they can get is a partisan 4-4 tie, and in this case, they lose.

True but by the time arguments are heard, I'd expect there to be a 9th judge in place again.

Not if the GOP has anything to say about it.

Actually, especially if the GOP has anything to say about it. Arguments are probably not until 2017.

 

[Kani]

THavoc[/url]":1by6jtsx]

Anvilfang[/url]":1by6jtsx]Congrats America, you've done something right

It takes us a while, but yeah. Once in a while we get lucky.

I'm worried we should have saved our once in a while for the election. Oh well, its something good at least.