U.S. Appeals Court Deals Blow to Net Neutrality Proponents, Renders FCC's Rules Invalid

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IntelFanatek

Huge loss for freedom and people everywhere.

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Nimrod

I agree with the ruling. How does the FCC have authority to dictate what happens on the internet. To be quit frank I dont really see how the FCC has authority over ANYTHING for that matter being that its not exactly outlined in the Constitution. But w/e

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IntelFanatek

Yea, but technically ISP's LEASE the municipal cable lines. On top of that the internet is owned by EVERYBODY. Again, as one commenter mentioned, it doesn't have to be in the constitution in order to have laws pertaining to it.

This is a big loss for those of us who cherish freedom.

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RUSENSITIVESWEETNESS

More right-wing, anti-government, exploitation entitlement crazy talk . . . .

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WarpathPS

Yeah because Obama did not just say publicly that he is going to go around Congress if they do not do what he wants.....The population is not taught civics anymore and the average American has no clue as to the basic of how our Republic works and so we get comments such as yours.

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Carlidan

What the hell are you talking about?

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Scatter

So if it's not in the Constitution there can't be a law governing it?

So the judge said that the FCC doesn't have the legal power. What would it take to give the FCC that legal power? The thought of companies like Comcast, Verizon and AT&T deciding what I'm allowed to view and at what speed is scary.

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vrmlbasic

Considering that the FCC head is corporate shill, they already do.

To answer the first question, if it doesn't legitimately pertain to the tasks assigned the federal government by the Constitution then there shouldn't be a federal law governing something.

Regulating the "free speech" of corporations to ensure that we as individuals have "free speech" sounds a lot like the infamous "We had to destroy the city to save the city" IMO.

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John Pombrio

Perfectly good call by the judges. The FCC has no real jurisdiction over internet providers as they are NOT part of the FCC's charter, but decides to dictate to them anyways. That is just wrong. The proper way is through legislation so write your congressmen and senators.

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PlayItOnPC

Have you SEEN Congress lately? They couldn't pass a motion to wipe their own asses, let alone pass any useful legislation...
and the fact that ISPs aren't under the charter of the FCC is a nonsense technicality - it's the Federal COMMUNICATIONS Commission - the very purpose of the internet is COMMUNICATION.

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WarpathPS

Yes they can pass laws, they did in 2010 when they rammed Obamacare down our throats through a budget process which was completely illegal. Even now they have changed the law and it is not the same law the Supreme Court voted a 5-4 on. Of course the super majority was thrown out of office in 2010 and the Republicans took the house. I'm not so sure why you people are in such a hurry to have in your face tyranny in this country. Rubber stamping laws is not a good thing.

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Carlidan

Dude please stop posting, you're just making yourself look stupid. Affordable Care Act is not "illegal". If you think that, then you don't know how laws are passed.

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vrmlbasic

Why does the government have any right to reign over communications anyhow?

Perhaps this was-and is-relevant in terms of radio transmission, especially in the days of the spark gap transmitters, but the government shouldn't be involved in inspecting our packets to make sure that they all get equal treatment.

Honestly, I wouldn't trust the government to do that correctly.

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RUSENSITIVESWEETNESS

Wrong. And no one can trust Big Business to do anything more than immolate babies to light their tax-deductible cigars.

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WarpathPS

Companies exist to make money and they do not need a ton of regulation, politicians do in forms of term limits. People like you have no idea how this nation runs. Of course a company would high five a politician if it makes them money, and they do.

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RUSENSITIVESWEETNESS

So Verizon agrees to help the U.S. Government spy on customers, and in return, Verizon gets a pass on net neutrality.

Gotta love America!

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PCWolf

With the Courts now Siding with Corporations, instead of the people, we have now, truly have lost this country to the Rich Corporate Elite. The last time the Courts took a dump on the Average American, was when it ruled that Corporations had the right to throw their Millions of Lobby Dollars at Politicians in order to buy them. Now, They Hamper the FCC's efforts to give us a Internet that's not filled with Caps, Restrictions, or Tolled to death. America, Moving Backwards more & more every day. Seems if you want Superior Internets, you will have to leave the Corrupted Sold-Out USA.

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vrmlbasic

The NSA spies on everyone, as do the FBI and IRS. What makes you think that it isn't the politicians who control those organizations that control the corporations?

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vrmlbasic

A better move in general would be, IMO, to break the monopolies and oligarchies that have locked down many areas, to allow competing ISPs to really emerge. Though considering Comcast's intense cronyism with the current administration I don't think that any progress will be made with them, which is a tragedy as they're the worst of the ISP oligarchy by far.

BTW, how would the government know if Comcast (et al) weren't treating all of our packets equally? How would they enforce "net neutrality" if it were to become "a thing"?

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GrandMoffVixen

The only way a monopoly exists is with the aid of the federal government. That's right, the feds are the ones who create such conditions. When the feds keep out of our business our lives improve dramatically.

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Captain_Steve

Comcast tech 1250 of the 9514. Comcast can barely keep the internet running half the time on coax. Don't expect too much more from them.

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PCWolf

That's because Comcast has no Competition & could care less about the Quality of service it delivers. This is the Problem with all Monopolies. there is no incentive for innovation, let alone Quality of Service. Only that you keep paying their Bloated Fees. The ONLY way to deal with a Monopoly when it has no competition is to just stop using it. But too many people are addicted to the drug known as the Internet, & they know it.

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Captain_Steve

They have no competition in coax. All the cable companies have deals not to over build with each other around here. Only copitition they have is DSL with the phone companies, or if you're lucky where you live, Fiber optic companies. But they all suck, because they know they don't have to be the best, just good enough so you don't switch.

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EKRboi

Disgusting. I'm on TWC, I pay for their extreme 30/5 tier and they throttle the crap out of it. I'm LUCKY to download at around 200-300 kbps most of the time. I can't even watch 720/1080p youtube videos usually without hitting pause and letting it "buffer" a good chunk of it.

I have done some tests where I KNOW that the sending server is located in my state and I started a file transfer of a large file and for about the first 5-10 seconds of that transfer I get my 30Mb down then it slowly drops to 200-300 kbps and stays there. At the SAME time I can ssh into a server thats 4500+miles away in europe and start the SAME file transfer from the server in my state and it pulls down at gigabit speeds the WHOLE way through the download. It makes me SOOOO angry!

It has gotten to the point where if I am downloading a file over a couple of gigs I will first download it to the european server within minutes, rar it up into smaller chunks and then pull it down locally over ftp 10 chunks at a time so that the the 10 individually throttled connections when added together actually nearly max my bandwidth out. This process although it sounds like a PITA, usually saves me tons of time and is really only a couple of commands over SSH (wget + rar). While this works for files, it does nothing to help video streaming with my htpc. I should not have to go through this to utilize the bandwidth that I pay for.

So to me this ruling means NOTHING, TWC has been doing it for a LONG time here anyways.

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Vano

Are you suggesting that because ssh is encrypted they don't throttle it?
If so, then your best proof would be transfer same file from the same server though normal web and ssh. At least this way it can be proven that the throttle doesn't come from the server itself, as it very well could be in the case of youtube.

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EKRboi

No not what I am suggesting at all. Lets call the server I want to download a file from "A", lets call my home "B" and the server I have access to in europe "C". I can initiate the transfer from A to B and then immediatly initiate the transfer from A to C. so that A is serving up the same file to both B and C at the same time.. A to B will get throttled by my ISP (TWC) down to 300kbps within 30-45 seconds while A to C blisters right along at 10-40+MBps (NOT Mbps) the whole way through the transfer. So I KNOW it's not the server throttling me.

My ISP (TWC) throttles my individual SSH connections from C to B as well. Thats why I will transfer from A to C REALLY fast, rar it up on C into smaller chunks real quick and then use filezilla to transfer from C to B. If I initiate 1 transfer from C to B I get the same throttling on that individual connection.. so I do 10 of them at a time.. 200-300kbps X 10 = pretty much my 30mb bandwidth that I pay for.

As for youtube... it's always sucked really. If I really want to watch something in HD from youtube I just use 3rd party sofware to download it then watch it with VLC. Their TOS can lick toads as far as I'm concerned. I use to stream from netflix and had mixed results with 1080p video from them. Peak hours forget it. Almost anywhere I find myself downloading from though is much slower than I feel it should be due to individual connections being throttled. Now downloading a game through steam or origin moves really fast, but thats because they download multiple files at a time. You can see this if you watch whats going on in the folders as its coming down.. I would assume if Steam sent you a game in one big file and then decompressed it locally once it was done Steam and Origin transfers would be stupid slow as well. But who knows, maybe steam and origin line TWC's pockets enough that they wouldnt throttle from their servers.

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vrmlbasic

This is why someone needs to light a fire under Verizon to inspire them to resume FiOS implementation as my 40 Mbit connection gives me a consistent, rock-steady 5.3 MB/sec download speed and ~3 MB/sec upload speed no matter how many terabytes I transfer across it.

A fire also needs to be lit under Verizon to spur them on to improving their existing FiOS offerings.

Cable internet sucks. It has sucked since the days of yore when MaximumPC first started covering it (that old issue with the cover art of the cowboy riding the bucking coaxial cable lol) and it continues to suck today.

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EKRboi

Oh and calling them and complaining does nothing of course. They direct you to speedtest.net which of course usually shows 33+/6ish and they tell me my connection is fine.

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LatiosXT

The thing with YouTube is very complicated. Read http://arstechnica.com/information-technology/2013/07/why-youtube-buffers-the-secret-deals-that-make-and-break-online-video/

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lostcause64

Another fine example of the best legal system money can buy...

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wolfing

So now obviously Comcast will throttle down Netflix traffic unless I pay an extra fee, which then I would say "screw you Comcast!" except that because of their exclusivity, I can't get any other cable internet company to provide Internet, so I would have to either use DSL or satellite, or welcome my new Comcast overlord, pay the extra fee and thank them.

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vrmlbasic

and Netflix will tell you that this is all your fault and that if you'd joined their corporate-tainted "grassroots" campaign to coerce ISPs to sign onto Netflix's "open connect" protocol then you wouldn't be in this predicament, that your videos would be in Full HD, not suffer from compression artifacts & buffering and rainbows and unicorns would abound.

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Biceps

Wheeler has yet to prove that as a former lobbyist for the cable companies, that he isn't just a corporate stooge. He needs to declare that ISPs are common carriers, and then this whole case will go poof and the internet will be saved. Unfortunately, based on Wheeler's history, he is much more likely to go down in history as a Comcast d*ckrider who destroyed the internet. Here's to hoping I am wrong.

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praetor_alpha

RIP Internet
1969 - 2014

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PCWolf

*Moment of Silence*

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germanogre

*followed by Taps*

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AFDozerman

Darknet anybody?