Appellate Court Rules Against Net Neutrality

In a decision by the Court of Appeals for the Washington, D.C. circuit last Tuesday, the Federal Communications Commission (FCC) was slapped down in its attempt to make sure Internet service providers cannot slow down or block websites with competing services, or favor sites that pay extra fees for faster service. Known as ‘Net neutrality’ (as in, ‘Network’), this idea of an ‘open Internet’ led to a set of rules approved by the FCC in 2010; big cable and telecommunications companies brought the lawsuit to court.

But for how long? Not long at all if we don't ride our Representatives' asses and get vocal.
But for how long? Not long at all if we don’t ride our Representatives’ asses and get vocal.

Although the government oversees the utilities we depend on, such as telephone service and electricity, the court said that the Internet doesn’t count. At least, not under current law. This is the type of controversy that can pop up at the cusp of an age or era — which is where we are.

The thing is, even compared to just 12 years ago when the FCC reclassified cable modem services as “information services” rather than “telecommunications services” (thus leaving Net neutrality vulnerable), the Internet is a crucial utility. Entire businesses, including Planet Waves, operate almost exclusively online. Even medical records are now entirely digital in most places, allowing medical facilities to share them with doctors elsewhere without the need for a courier service.

Telecommunications companies keep swearing they’re just trying to give better service to all customers, but if you believe that, there’s a bridge in Brooklyn you might be interested in, too. It’s common sense that if Netflix gets charged more for all the bandwidth it eats up, you’ll be the one footing the bill as you stream their movies.

The FCC has suggested it will appeal the ruling, but it needs to find some teeth — and those cannot be found currently within the FCC or Congress, both of which have been left by the court to revise Net neutrality.

“The only course is for public pressure to overcome industry pressure,” wrote Michael Hiltzik for the Los Angeles Times Tuesday. “That’s a tough road, but there’s no alternative. Do you want your Internet to look like your cable TV service, where you have no control over what comes into your house or what you pay for it? Then stay silent. If not, start writing letters and emails to your elected representatives and the FCC now. It’s the only hope to save the free, open Internet.”

11 thoughts on “Appellate Court Rules Against Net Neutrality”

  1. Listening to this interview now on NPR with Susan Crawford, internet policy expert. She talks about why the internet is like the railroad, the highway, and the electricity grid, and how the USA is eating the rest of the world’s dust in price, capacity, speed, innovation, access… in every way except corporate profits. It’s bigger than we think.

    http://www.npr.org/blogs/alltechconsidered/2014/02/06/272480919/when-it-comes-to-high-speed-internet-u-s-falling-way-behind

    Don’t read the comments without a barf bag. I can’t believe the trolls who probably never listen to NPR who are really pissed off that they might be charged a dime so someone in the hinterland can have high speed internet available.

  2. Well said, Jere! Not much to add really. The one thing I would say is that, strategically there is a key choice.. and that is whether we focus on what they are doing, or on what we are doing. Are we primarily seeing ourselves as ‘resisting’ or as ‘building culture and consensus’??

  3. A.D.W., I fully agree with you. Fact is, my brain starts to turn to mush when I bake on this issue long enough (and it’s pretty much liquid in my skull right now). Let me attempt to say something useful this time, without the knee-jerk grrrrr…

    One of the more intractable (but not the most) situations we have is the politics. I think it is most important for everyone to attempt to speak with their representatives (unless of course such as is my case, total waste of time). The polarization of the legislature at this time makes the whole body inept. The only option I have at this point in time is a brand new incumbent, and that’s where I would need to mobilise within my community, to inform/educate my voting neighbors about this issue. That IS within my power.

    Then we step into the ISP’s themselves (this is where it gets really hairy). Greed driven, profit motivated, not really lookin’ out for the best interest of society at large cats. Imperative that they are regulated, or the monopoly will enslave our culture (and free-market self regulation is a laughable concept at this juncture).

    I have to take into consideration that the ISP’s own the hardware, the cabling and the switches. This is where political philosophy starts to get me nervous. What I would like to see is a public/private trust, where the companies are compensated (modestly) for the maintenance and building of the infrastructure, with the aim of evolving the wellbeing of society as a whole. How to go about doing that is where it gets sketchy. Honestly, any laws passed (and I think it should be a Utility) regarding net neutrality would have to address the public/private dynamic in an equanimitous fashion.

    Hey, All… this is an issue that we need to continue to bring up, again and again and again, ’cause it’s gonna take a while, and it’s really freakin’ important…

    That’s as far as I can go right now (my eyes are flippin’ out in their sockets and I’m about to drop on my keyboard).

    I truly do look forward to more conversation regarding this issue (and Dog knows, it’s just the tip of the iceberg…).

    Please continue speaking, and I’ll do the best to round up my disparate pudding head, that I might join the conversation with something useful and possibly progressive to say.

    Good luck all! We do need each other’s backs on this one.

    Jere

  4. I felt it appropriate this New Year’s Day to begin my own personal journey in the march against plutocracy (with the Capricorn New Moon conj Pluto). Let me say, Jere, that mobilise means not simply direct action by an individual. As a conscious participants in project Earth we need to recognise our strength is in solidarity, a solidarity of shared values and commitment.

    We simply MUST joing groups of every stripe that connect us on the key issues.. nothing less will do. We must communicate our truth and stand toe to toe with our partners against the plutocratic megalomaniacs.

    It fucking amazes me how animated people get about FUCK ALL, bullshit petty irrelevances and yet over the key issues of our times, which are life/death they kinda go ‘I just have too much going on’.

    I see it all the time and it is, frankly, incredible!

  5. ..It’s bullshit.., I’ve written my local congressional leader, Tom McClintock, dude’s a prick. I’ve tried to vote his ass out, no avail. Somehow the idiots still seem to control the shit.

    I think this issue goes beyond the measure of political will, it will ‘imho’ take some modicum of luck, and some hardcore will, (as well as some hackers to open up the bandwidth), to stabilize our internet experience.

    It’s not as simple as ‘mobilise’. That IS a positive response but, world governmentality is a paradigm on the edge… these cats won’t relinquish very easily…

    ..What can one do in the face of superior might, other than create superior strategy?..

    Jere

  6. ..It’s bullshit.., I’ve written my local congressional leader, Tom McClintock, dude’s a prick. I’ve tried to vote his ass out, no avail. Somehow the idiots still seem to control the shit.

    I think this issue goes beyond the measure of political will, it will ‘imho’ take some modicum of luck, and some hardcore will, (as well as some hackers to open up the bandwidth), to stabilize our internet experience.

    It’s not as simple as ‘mobilise’. That IS a positive response but, world governmentality is a paradigm on the edge… these cats won’t relinquish very easily…

    ..What can one do in the face of superior might, other than create superior strategy?..

    Jere

  7. It may also be worth considering that the Internet was developed from military technology – keeping it as open and free as it is matters.

    “The Advanced Research Projects Agency Network (ARPANET) was one of the world’s first operational packet switching networks, the first network to implement TCP/IP, and the progenitor of what was to become the global Internet. The network was initially funded by the Advanced Research Projects Agency (ARPA, later DARPA) within the U.S. Department of Defense for use by its projects at universities and research laboratories in the US. The packet switching of the ARPANET, together with TCP/IP, would form the backbone of how the Internet works.”

    Wikipedia – ARPNET

  8. incidentally, Aaron Swartz died one year ago this month — you may recall, he was a passionate activist for an open and free internet, and killed himself after being rabidly pursued by federal prosecutors for downloading a ton of academic journals; he faced 35 years in prison, though his lawyer thinks he could have beaten the felony charges.

    Democracy Now! dedicated its whole show to Aaron today, broadcasting from the Sundance Film Festival, where a documentary about him is showing, called “The Internet’s Own Boy”:

    http://www.democracynow.org/2014/1/21/the_internets_own_boy_film_on

    watch the video (preferable) or read the transcripts if you need to get fired up about this issue and contact your representatives.

    There’s also a petition to the FCC you can sign here:

    http://act.demandprogress.org/sign/fcc_net_neutrality/?akid=2458.1567283.hwxE3j&rd=1&t=2

    though I’m sure a personal email or phone call direct from you makes even more impact on politicians.

Leave a Comment