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Democrats sneak Net neutrality rules into 'stimulus' bill (anti-1st Amendment)
http://news.cnet.com ^ | January 15, 2009 4:46 PM PST | by Declan McCullagh

Posted on 02/18/2009 11:07:17 AM PST by ebiskit

The House Democrats' $825 billion legislation released on Thursday was supposedly intended to "stimulate" the economy. Backers claimed that speedy approval was vital because the nation is in "a crisis not seen since the Great Depression" and "the economy is shutting down."

That's the rhetoric. But in reality, Democrats are using the 258-page legislation to sneak Net neutrality rules in through the back door.

The so-called stimulus package hands out billions of dollars in grants for broadband and wireless development, primarily in what are called "unserved" and "underserved" areas. The U.S. Department of Commerce is charged with writing checks-with-many-zeros-on-them to eligible recipients, including telecommunications companies, local and state governments, and even construction companies and other businesses that might be interested.

The catch is that the federal largesse comes with Net neutrality strings attached. The Commerce Department must ensure that the recipients "adhere to" the Federal Communications Commission's 2005 broadband policy statement (PDF)--which the FCC said at the time was advisory and "not enforceable," and has become the subject of a lawsuit before a federal appeals court in Washington, D.C.

One interpretation of the "adhere to" requirement is that a company like AT&T, Verizon, or Comcast that takes "stimulus" dollars to deploy broadband in, say, Nebraska must abide by these rules nationwide. (It's rather like the state of Nebraska demanding that a broadband provider filter out porn nationwide in exchange for a lucrative government contract.)

In addition, recipients must operate broadband and high-speed wireless networks on an "open access basis." The FCC, soon to be under Democratic control, is charged with deciding what that means. Congress didn't see fit to include a definition.

The Bush administration has taken a dim view of Internet regulations in the form of Net neutrality rules, warning last year that they could "inefficiently skew investment, delay innovation, and diminish consumer welfare, and there is reason to believe that the kinds of broad marketplace restrictions proposed in the name of 'neutrality' would do just that, with respect to the Internet." A report from the Federal Trade Commission reached the same conclusion in 2007.

In addition, a recent study from the U.S. Chamber of Commerce says that the absence of Net neutrality laws or similar federally mandated regulations has spurred telecommunications companies to invest heavily in infrastructure, and changing the rules "would have a devastating effect on the U.S. economy, investment, and innovation."

Now, perhaps extensive Net neutrality regulations are wise. But enough people seem to have honest, deep-seated reservations about them to justify a sincere discussion of costs and benefits--rather than having the requirements stealthily injected into what supposed to be an emergency save-the-economy bill scheduled for a floor vote within a week or so.

Net neutrality requirements can, of course, always be imposed retroactively on broadband "stimulus" recipients. As recently as one day ago, a Democratic Senate aide was saying the topic would be addressed in the Judiciary Committee in the near future; there seems little reason to rush to lard up this particular legislation.

But it always seems to happen. Last fall's TARP bailout bill included IRS snooping. A port security bill included Internet gambling restrictions; the Real ID Act was glued onto a military spending and tsunami relief bill; a library filtering law was attached to a destined-to-be-enacted bill funding Congress itself.

It's enough to make you want to force our elected representatives to actually read the bills they pass.


TOPICS: Constitution/Conservatism; Front Page News; Government
KEYWORDS: 111th; agenda; barackobama; bho44; bhocommerce; bhofcc; bhostimulus; broadband; censorship; censorshipdoctrine; democratcongress; democrats; economy; fairnessdoctrine; fcc; internet; internetregulation; liberalfascism; lping; netneutrality; obamatruthfile; porkulus; powergrab; sorocrats; stimulus; telecom; wireless
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To: TribalPrincess2U

what???


21 posted on 02/18/2009 11:33:49 AM PST by babble-on
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To: ebiskit

The word to describe my utter hatred of the fascist demoncrats and this tyrannical bastard Obama needs to be invented first.


22 posted on 02/18/2009 11:35:28 AM PST by SolidWood (Palin: "In Alaska we eat therefore we hunt.")
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To: billakay

bump


23 posted on 02/18/2009 11:36:09 AM PST by Delacon ("The urge to save humanity is almost always a false front for the urge to rule." H. L. Mencken)
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To: ebiskit

Old news, much hype about nothing. The guts of the policy are:

“consumers are entitled to access the lawful Internet content of their choice.” - Reasonable. ISPs shouldn’t block you from accessing lawful content.

“consumers are entitled to run applications and use services of their choice, subject to the needs of law enforcement.” - Reasonable. Sprint shouldn’t be able to say you can’t use Vonage on your DSL because it cuts into their VOIP business. That’s anticompetitive.

“consumers are entitled to connect their choice of legal devices that do not harm the network” - This issue was settled with the phone companies decades ago. Comcast shouldn’t force me to buy an expensive wireless router from them when I have their service, I should be able to use my own.

“consumers are entitled to competition among network providers, application and service providers, and content providers.” Reasonable. Competition is good, and this reflects the proper state of the Internet.

So what exactly in there is disagreeable?


24 posted on 02/18/2009 11:36:10 AM PST by antiRepublicrat ("I am a firm believer that there are not two sides to every issue..." -- Arianna Huffington)
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To: ebiskit

bump for later research


25 posted on 02/18/2009 11:36:47 AM PST by jadedeagle
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To: ebiskit

Why did Al Gore invent the internet if it is so bad? LOL


26 posted on 02/18/2009 11:38:43 AM PST by buffyt (BAILOUTS ARE FOR COMMUNISTS!!!!!!!!!!!!!!!!!!!!!!)
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To: ebiskit
"Dear Leader, President Zero!!"

Photobucket

27 posted on 02/18/2009 11:44:30 AM PST by SkyDancer ("Who's the more foolish, the fool, or the fool who follows him?")
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To: ebiskit
Democrats sneak Net neutrality rules into 'stimulus' bill

So all forms of pornography have to be equally represented?
28 posted on 02/18/2009 11:46:56 AM PST by aruanan
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To: antiRepublicrat
So what exactly in there is disagreeable?

Who defines "lawful Internet content" and/or "legal devices?"

29 posted on 02/18/2009 11:48:32 AM PST by Petronski (For the next few years, Gethsemane will not be marginal. We will know that garden. -- Cdl. Stafford)
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To: babble-on

What ? What?


30 posted on 02/18/2009 11:50:30 AM PST by TribalPrincess2U (Welcome to Obama's America... Be afraid, be very afraid)
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To: billakay
Yes, that is the way I understand it also. Fer instance, an ISP could charge CNN a hefty fee for “fast” delivery of their content. No problem for them, CNN generates much ad revenue. Whereas a site like FR with a relatively small click base could be charged less, and get “slow” delivery. I would foresee a long load time for FR sans net neutrality. What would happen if FR could not afford even the “slow” delivery rate? Don't want to contemplate that.
31 posted on 02/18/2009 11:50:48 AM PST by pappyone (New to Freep, still working a tag line.)
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To: billakay

A good analogy would be the legal ruling on whether bars and nightclubs could allow women in for free and yet still charge men at the door. The idea was that while women are good for business and a bar “rich in female content” will attract the paying men to come in while keeping out enough guys(who couldn’t afford to pay) to keep the content at a proper “male/female” ratio. The courts ruled that “ladies night” was discriminatory. We all deserve equal access to their business. ISPs want to charge more for you and I to access the internet(the guys) than they would for the big internet draws like the major media outlets(the girls) knowing that we will pay up. They reduce some of the traffic which is expensive(too crowded bar) but make up for it with the higher rates(the cover charge).


32 posted on 02/18/2009 11:51:07 AM PST by Delacon ("The urge to save humanity is almost always a false front for the urge to rule." H. L. Mencken)
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To: billakay

http://www.cato.org/pubs/pas/pa-507es.html

Cato has a good recap, see above.


33 posted on 02/18/2009 11:53:22 AM PST by pleikumud
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To: billakay

It’s tantamount to a service denial attack.


34 posted on 02/18/2009 11:53:55 AM PST by Red Steel
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To: N. Theknow
"Dit dit dit dot dot dot dit dit dit"

S.O.S. ...lol

35 posted on 02/18/2009 12:03:17 PM PST by PEACE ENFORCER (One Needs to Have the Capability of Using Deadly Force at Any Moment.....:))
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To: Petronski
Who defines "lawful Internet content" and/or "legal devices?"

The government, of course. But we already have unlawful Internet content and probably illegal devices regardless of net neutrality. I'm sure kiddie porn will stay illegal. All this does is say the ISPs can't ban what is lawful, like TWC getting a contract with MSN and cutting its millions of customers off from Google.

36 posted on 02/18/2009 12:07:18 PM PST by antiRepublicrat ("I am a firm believer that there are not two sides to every issue..." -- Arianna Huffington)
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To: pappyone
Fer instance, an ISP could charge CNN a hefty fee for “fast” delivery of their content. No problem for them, CNN generates much ad revenue.

CNN already pays its commercial ISPs for the outgoing content (probably thousands of times more than FR pays) and the customers of the consumer ISPs already pay to receive that content. The consumer ISPs want payment from both ends. Any justification is BS, it's just greed.

I may start listening if they finally give me that 40 Mbps to the house they promised when the government gave them billions to do that in the 90s. Until then I assume they've been paid enough and shouldn't get any more concessions until they deliver.

37 posted on 02/18/2009 12:12:19 PM PST by antiRepublicrat ("I am a firm believer that there are not two sides to every issue..." -- Arianna Huffington)
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To: TribalPrincess2U

I’m not sure how the Dems’ approach on Net Neutrality merits a comparison to Hitler. I actually think agree with the Dems on this issue. I think that the provider of the device should get paid for providing the device, but shouldn’t get to control what goes across that device. The Telecom firms want to privilege certain packets (advertisements that they get paid for). I think that’s crap.


38 posted on 02/18/2009 12:12:21 PM PST by babble-on
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To: EagleUSA

Hitler has a “civilian military”....they called it the GESTAPO.

Actually, it was the Brown Shirts. Armed “bully boys” and thugs, which is what the “Civilian Military” would be...or will be if “reasonable gun control” takes place.


39 posted on 02/18/2009 12:50:47 PM PST by Panzerlied ("We shall never surrender!")
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To: txnativegop
He has violated the 1st and 2nd Amendments. Violating the 3rd Amendment would allow him to gain control of the citizens of this country.

I'm wondering what kind of questions he will insert into the census. For example, what is your net worth? Do you own any firearms?

40 posted on 02/18/2009 12:53:52 PM PST by rustbucket
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