The FCC Needs Your Quality Comments About Net Neutrality Today

from the please-comment dept

Today is the deadline for the first round of the FCC's comment period on its attempt to roll back the 2015 open internet "net neutrality" rules. The deadline is partly meaningless, because there's a second comment period that is technically to respond to earlier comments -- but allows you to just file more comments. However, it is still important to make your voice heard no matter which side you're on. We'll be posting our own comments later today, but first, we wanted to share Mike Godwin's thoughtful discussion on why you should comment and why you should provide a thoughtful, careful "quality" comment, which he first posted to the R-Street blog, but which is being cross posted here.

If you count just by numbers alone, net-neutrality activists have succeeded in their big July 12 push to get citizens to file comments with the Federal Communications Commission. As I write this, it looks as if 8 million or more comments have now been filed on FCC Chairman Ajit Pai's proposal to roll back the expansive network-neutrality authority the commission asserted under its previous chairman in 2015.

There's some debate, though, about whether the sheer number of comments—which are unprecedented not only for the FCC, but also for any other federal agency—is a thing that matters. I think they do, but not in any simple way. If you look at the legal framework under which the FCC is authorized to regulate, you see that the commission has an obligation to open its proposed rulemakings (or revisions or repeals of standing rules) for public comments. In the internet era, of course, this has meant enabling the public (and companies, public officials and other stakeholders) to file online. So naturally enough, given the comparative ease of filing comments online, controversial public issues are going to generate more and more public comments over time. Not impossibly, this FCC proceeding—centering as it does on our beloved public internet—marks a watershed moment, after which we'll see increasing flurries of public participation on agency rulemakings.

Columbia University law professor Tim Wu—who may fairly be considered the architect of net neutrality, thanks to his having spent a decade and a half building his case for it—tweeted July 12 that it would be "undemocratic" if the commission ends up "ignoring" the (as of then) 6.8 million comments filed in the proceeding.

But a number of critics immediately pointed out, correctly, that the high volume of comments (presumed mostly to oppose Pai's proposal) doesn't entail that the commission bow to the will of any majority or plurality of the commenters.

I view the public comments as relevant, but not dispositive. I think Wu overreaches to suggest that ignoring the volume of comments is "undemocratic." We should keep in mind that there is nothing inherently or deeply democratic about the regulatory process – at least at the FCC. (In fairness to Wu, he could also mean that the comments need to be read and weighed substantively, not merely be tallied and dismissed.)

But I happen to agree with Wu that the volume of comments is relevant to regulators, and that it ought to be. Chairman Pai (whose views on the FCC's framing net neutrality as a Title II function predate the Trump administration) has made it clear, I think, that quantity is not quality with regard to comments. The purpose of saying this upfront (as the chairman did when announcing the proposal) is reasonably interpreted by Wu (and by me and others) as an indicating he believes the commission is at liberty to regulate in a different way from what a majority (or plurality) of commenters might want. Pai is right to think this, I strongly believe.

But the chairman also has said he wants (and will consider more deeply) substantive comments, ideally based on economic analysis. This seems to me to identify an opportunity for net-neutrality advocates to muster their own economists to argue for keeping the current Open Internet Order or modifying it more to their liking. And, of course, it's also an opportunity for opponents of the order to do the same.

But it's important for commenters not to miss the forest for the trees. The volume of comments both in 2014 and this year (we can call this "the John Oliver Effect") has in some sense put net-neutrality advocates in a bind. Certainly, if there were far fewer comments (in number alone) this year, it might be interpreted as showing declining public concern over net neutrality. Obviously, that's not how things turned out. So the net-neutrality activists had to get similar or better numbers this year.

At the same time, advocates on all sides shouldn't be blinded by the numbers game. Given that the chairman has said the sheer volume of comments won't be enough to make the case for Title II authority (or other strong interventions) from the commission, it seems clear to me that while racking up a volume of comments is a necessary condition to be heard, it is not a sufficient condition to ensure the policy outcome you want.

Ultimately, what will matter most, if you want to persuade the commissioners one way or another on the net-neutrality proposal, is how substantive, relevant, thoughtful and persuasive your individual comments prove to be. My former boss at Public Knowledge, Gigi Sohn, a net-neutrality advocate who played a major role in crafting the FCC's current Open Internet Order, has published helpful advice for anyone who wants to contribute to the debate. I think it ought to be required reading for anyone with a perspective to share on this or any other proposed federal regulation.

If you want to weigh in on net neutrality and the FCC's role in implementing it—whether you're for such regulation or against it, or if you think it can be improved—you should follow Sohn's advice and file your original comments no later than Monday, July 17, or reply comments no later than Aug. 16. If you miss the first deadline, don't panic—there's plenty of scope to raise your issues in the reply period.

My own feeling is, if you truly care about the net-neutrality issue, the most "undemocratic" reaction would be to miss this opportunity to be heard.

Filed Under: comments, fcc, net neutrality

If You Want To Protect The Internet, Look To Congress

from the and-fight-fight-fight dept

As you probably know (because it's almost unavoidable across the web), today is the "Day of Action" on behalf of net neutrality. Tons of other sites are participating in various ways. Many are popping up widgets, warning you of how crappy the internet might become if broadband access providers were allowed to create the kind of internet they dream of -- one in which they are the gatekeepers, and where they get to put tollbooths on services trying to reach you. But you already know about all that, because you already read Techdirt, and we've been talking about this for over a decade. Many sites are encouraging you to comment on the FCC's proceedings -- which you absolutely should do (even as the FCC itself is making a mockery of the commenting process, by allowing bogus and fraudulent comments in.

However, for this day of action, I wanted to focus people here on two key things. First, yes this does matter. I know that some of you think you're oh-so-cool and therefore you take the cynical approach of "it doesn't matter, man, the fix is already in" or however you phrase it, but that's bullshit. This stuff does matter. And I know that the cynical folks and the DC insiders absolutely hate when people bring this up, but other situations in the past -- including SOPA and the last net neutrality rule making -- were both situations where the "savvy" absolutely knew what was going to happen... and they were totally wrong. If enough people speak up and make things clear, change can and does happen. And if you still want to remain cynical, consider this: being cynical and insisting that nothing you do will matter guarantees that nothing you do will matter and by default helps ensure the shitty situation you're so cynical about remains shitty. Speaking up at least contributes to the possibility of things going in a better direction.

Second: while you absolutely should go and file FCC comments (and I highly recommend first reading this guide to filing impactful FCC comments from a former top FCC staffer), this fight is going to end with Congress one way or the other. Two months ago we wrote about the real game plan to destroy net neutrality, and you can see it playing out in realtime. Ajit Pai's move to get the FCC to repeal the rules is an effort to force the hand of Congress, and make it come in and create new regulations. Indeed, if you look around, it's not hard to find lots of opeds from telco-funded folks about how "Congress should solve this" (all of which pretend to support net neutrality). And, yes, this is the kind of thing that Congress should solve -- if we trusted Congress to actually do what was in the interest of the public, rather than the interests of the broadband access providers. But, right now, you shouldn't. After all, this is the same Congress that happily voted to kill broadband privacy rules, and then seemed shocked that this upset people.

So, the fight at the FCC matters, but the end game is Congress. And we all know that bad stuff can happen in Congress (especially when it comes to broadband providers writing legislation themselves). But (and this is the important part): the best way to stop bad stuff from happening in Congress is to speak up. This is what killed SOPA five years ago, even though a ton of people in Congress had signed on as co-sponsors. We've talked about this in the past: lobbyists win in Congress all the time, but only on issues where the public isn't speaking up. Congress relies on lobbyists to fill in the gaps (and sometimes that's even okay!). The problems come in when the public interest and the lobbyists' interest diverge -- and if the public isn't speaking up, then the lobbyists win. But if the public is speaking up -- and doing so loudly -- it can stop bad bills in their tracks (witness Congress's recent inability to pass any major bad legislation).

So, not only should you be commenting for the FCC's benefit, you should be calling your Representative and Senators and letting them know that if they support undermining net neutrality in any way -- even with bogus bills that pretend to support net neutrality, while really undercutting it -- then you'll no longer support them. If you can, set up meetings. Make Congress aware that this matters to you deeply. Make them aware that if they support the internet, the people on the internet will support them back. Make Congress aware that this is an issue that matters and that ignoring the will of the public (most of whom -- on both sides of the partisan aisle overwhelmingly support an open internet) will not go unnoticed by the wider internet.

Techdirt only exists because of the open internet. When I set it up almost 20 years ago, I didn't have to go and get permission. I didn't have to go and beg (or pay!) AT&T or Comcast to make sure people could reach the site. It wasn't like TV or publishing where I had to get approval from some giant gatekeeper to exist. I just got to set stuff up and now millions of people have visited and supported us over the years. The internet is wonderful because it's not TV and there aren't gatekeepers. Let's keep it that way.

Filed Under: activism, ajit pai, congress, cynicism, day of action, fcc, net neutrality, politics

AT&T Pretends To Love Net Neutrality, Joins Tomorrow's Protest With A Straight Face

from the Dracula-supports-blood-donors'-rights dept

You'd be hard pressed to find a bigger enemy of net neutrality than the fine folks at AT&T. The company has a history of all manner of anti-competitive assaults on the open and competitive internet, from blocking customer access to Apple FaceTime unless users subscribed to more expensive plans, to exempting its own content from arbitrary and unnecessary usage caps while penalizing streaming competitors. AT&T also played a starring role in ensuring the FCC's 2010 net neutrality rules were flimsy garbage, and sued to overturn the agency's tougher, 2015 rules.

So it's with a combination of amusement and awe to see the company's top lobbying and policy head, Bob Quinn, pen a missive over at the AT&T website proudly proclaiming the company will be joining tomorrow's "day of action protest" in support of keeping the existing rules intact. According to Quinn, the company still opposes the FCC's popular 2015 consumer protections, but wanted to participate in the protest because that's just how much the sweethearts at AT&T adore the open internet:

"Tomorrow, AT&T will join the “Day of Action” for preserving and advancing an open internet. This may seem like an anomaly to many people who might question why AT&T is joining with those who have differing viewpoints on how to ensure an open and free internet. But that’s exactly the point – we all agree that an open internet is critical for ensuring freedom of expression and a free flow of ideas and commerce in the United States and around the world. We agree that no company should be allowed to block content or throttle the download speeds of content in a discriminatory manner. So, we are joining this effort because it’s consistent with AT&T’s proud history of championing our customers’ right to an open internet and access to the internet content, applications and devices of their choosing.

That is an incredible, astounding line of bullshit.

So one, some of you might recall that the net neutrality debate began in earnest when former AT&T CEO Ed Whitacre said in 2005 that he "wasn't going to let Google ride his pipes for free." What Whitacre was proposing was using a lack of broadband competition to force companies to pay an arbitrary and duplicative toll to so much as touch the AT&T network. Ed thought he was being pretty clever in forcing other companies to pay for network upgrades, but his comments are what set off concerns that in the absence of real competition we needed rules to keep duopolies from abusing their market dominance.

Like Comcast and Verizon, AT&T is one of several companies that subsequently spent hundreds of millions of dollars to thwart these efforts, yet now would like you to believe they're somehow still a major ally in the fight to keep the internet healthy and open. And sure, AT&T supports not blocking websites entirely since that's not something ISPs were ever truly interested in anyway. The net neutrality debate has long since shifted from ham-fisted blocking to more clever applications of anti-competitive intent like interconnection, arbitrary and punitive usage caps, and zero rating.

Quinn's post is filled with alternative history, including this little gem:

"For more than a decade, whether under a Democratic or Republican administration, AT&T has supported the need for clear and enforceable open internet rules. We supported the efforts of Republican FCC Chairmen to introduce the nation’s first Open Internet Principles. And we welcomed FCC Chairman Genachowski’s Open Internet Order in 2010 and testified before Congress, as a Democratic witness, in support of it.

It should be reiterated that AT&T did support the FCC's original 2010 rules, but only because they were utter and total garbage, quite literally co-written by AT&T, Verizon and Google to ensure they were filled with loopholes. These loopholes allowed them to pretty much do whatever they wanted -- provided they pretended it was for the health and safety of the network. AT&T was also a major reason the rules didn't apply to wireless. When the FCC shored up those horrible rules in 2015, there was no more vocal opponent than AT&T, which is why this disingenuous prattle about supporting net neutrality is almost high art.

Also... Quinn's post pretends that the 2010 rules stayed in place until the evil Tom Wheeler overturned them... leaving out the fact that it was actually a lawsuit filed by Verizon that overturned the rules and explicitly told the FCC if it wanted these rules, it needed to use Title II. But in AT&T's revisionist history all that goes missing:

Unfortunately, in 2015, then-FCC Chairman Wheeler abandoned this carefully crafted framework and instead decided to subject broadband service to an 80-year-old law designed to set rates in the rotary-dial-telephone era. Saddling modern broadband infrastructure and investment decisions with heavy-handed, outdated telephone regulations creates an environment of market uncertainty that does little to advance internet openness. Instead, it jeopardizes the prospects for continued innovation and robust growth we have witnessed since the internet’s creation.

Not any bit of that is accurate. Internet access was under Title II until the mid-2000s and there was a ton of broadband infrastructure buildout (and... competition). And since Wheeler put things back under Title II, investment in broadband has continued.

So what's AT&T actually up to here? As we've mentioned previously, large ISPs want the current rules thrown out, and replaced with entirely new rules drafted by Congress. In an ideal world that would make sense, given that Congressional rules couldn't be overturned by the partisan whims of the FCC. But AT&T knows that Congress is such a epic shitshow these days that these replacement rules either won't happen, or they'll be quite literally written by AT&T lawyers. Quinn would have you simply ignore that our Congress is so awash in AT&T campaign contributions that a real net neutrality law of any worth is all-but impossible:

"The debate around an open internet has been going on for nearly 15 years. In the end, the issue is never really about what the rules should be or whether we should have an open internet. Rather, the debate focuses on whether open internet rules should derive from the 80-year-old Communications Act or some other theory of Congressional authority because the current law predates the internet. Instead of having this debate again, Congress should act now to provide the clear statutory authority that guarantees an open internet for all consumers."

So again, the goal here isn't to protect net neutrality. It's to kill effective and popular rules at the FCC, to gut nearly all regulatory authority over major ISPs, and to replace all of it with fluff, nonsense, and a piece of feel-good legislation that will be quite-literally crafted by AT&T lawyers. It's a pretty clever policy play by AT&T since it gives the impression they're not a bunch of anti-competitive jackasses. But AT&T pretending to care about an open internet is like Dracula suddenly professing a heartfelt concern for the plight of blood donors, or Jeffery Dahmer saying he just popped by to lend a helpful hand in the kitchen.

Filed Under: bob quinn, day of action, fcc, net neutrality, open internet
Companies: at&t

Telecom Industry Feebly Tries To Deflate Net Neutrality Protest With Its Own, Lame 'Unlock The Net' Think Tank Campaign

from the black-is-white,-up-is-down dept

With this week's net neutrality protests being joined by the likes of Google, Facebook, Amazon, Netflix, Reddit and hundreds of startups and small companies, the cable and broadcast industry appears to be getting a little nervous. So far they've had a relatively easy time convincing FCC boss Ajit Pai to not only dismantle the rules, but to blatantly ignore the massive public support the rules enjoy. Pai's even turned a blind eye as somebody used a bot to stuff the agency's public comment system with bogus support for the telecom industry's horrible idea.

The media coverage of this week's protest risks popping the narrative bubble that there's significant support for killing net neutrality. So the telecom-industry funded think tank FreedomWorks apparently came up with an ingenious plan to launch, well, something that kind of looks vaguely like a counter protest:

You'll note that this "unlock the net" campaign is designed to give the impression of a broad coalition of support for killing net neutrality, but only really lists a bunch of think tanks (like the Competitive Enterprise Institute) you're supposed to ignore are also funded by the telecom industry. And when you head over to the campaign's bare bones unlockthenet website, you're unsurprisingly greeted with a lot of logically-inconsistent talk about "freedom," and a backgrounder on how net neutrality is a villainous concept responsible for all manner of nefarious evils:

"The Internet has been an engine of innovation and growth for two decades because previous Republican and Democratic administrations correctly recognized how a federal regulatory assault on the Internet would undermine its evolution and expansion. Yet, without evidence of any problem, Obama’s FCC catered to scare tactics and misinformation campaigns driven by the left to take control of the Internet without congressional authority.

This shocking move by the federal government opened the doors for forms of online censorship, potentially new government taxes and fees, and resulting price hikes on consumers."

The hope, of course, is to use a lot of misleading bobble-headed partisan rhetoric to get hardline partisans rooting against their own best self interests, which, if you may have noticed recently, is a pretty effective tactic. Of course net neutrality exists to help thwart censorship and obnoxious price hikes on consumers, and there's a long, long list of examples of why a lack of broadband competition has made net neutrality protections necessary. And, contrary to the missive above, net neutrality rules exist to protect the innovation groups like these groups pretend to care so very deeply about.

The reality is a bipartisan majority of Americans support net neutrality protections because they are very familiar with the anti-competitive behavior of giant companies like AT&T, Verizon and Comcast. And while it's not terribly likely a hacked-together campaign that prattles on about freedom is going to change that, it helps present the illusion that this is a debate that's far more publicly contentious than it actually is.

Filed Under: counter protest, fcc, net neutrality, think tanks, unlock the net

The FCC Insists It Can't Stop Impostors From Lying About My Views On Net Neutrality

from the simply-Comcastic dept

So we've been talking for months now about how the Trump FCC has quite intentionally turned a blind eye to fraudulent comments being posted to the agency's net neutrality proceeding, since the lion's share of these bogus comments support the agency's plan to gut the popular consumer protections. Numerous people say they've had their identities lifted by somebody that has used a bot to populate the agency's comment system with hundreds-of-thousands of fake comments supporting the telecom-industry backed effort. Calls by these folks (and a few Senators) for an investigation have been simply ignored.

I'm among the folks that had their identities used to generate bogus support for killing the rules. My case is, however, a bit more tailored and personal. Back in April, somebody posted this comment to the FCC comment system pretending to represent me and one of the websites I write for. In it, my obtuse doppleganger falsely claims I run an unlicensed political PAC, then proceeds to prattle through a series of repeatedly, painstakingly debunked claims about how the agency's arguably-modest rules somehow stifle investment, harm orphans, and damage the time-space continuum:

"I operate an unregistered PAC at DSLREPORTS.COM. We have found that the Obama administration's Title II order has diminished broadband investment, stifled innovation, and left American consumers potentially on the hook for a new broadband tax. Furthermore, under the Obama administration, the Wheeler FCC presided over a model whereby Internet competition has been stifled, and an unprecedented concentration of market power was allowed to occur with the Charter merger. Many unhappy users can attest to that on my political action website (DSLREPORTS.COM). I urge the Commission to roll back the failed Title II provisions and return the Internet to the people."

As somebody that has spent the better part of twenty years advocating for a healthy and open internet, this is obviously a little irritating, even if, by itself, I'm not egotistical enough to think it makes a difference one way or the other. But it is part of an over-arching and obvious trend at the FCC to try and dilute the value of public input on this proceeding, since they're well aware net neutrality has broad, bipartisan support (something yet another survey highlighted this week).

So, at the tail end of May I began filing complaints with the FCC's website administrators, and asking the agency's PR department to explain why they're doing nothing about the pile of bogus comments (some of which originate from dead people) spoiling what should be a simple democratic exercise. After repeated requests for comment, the agency said on June 2 that it had at least received my complaint, and would eventually get back to me. Another month passed -- and after several more prods this week I received this letter from G. Patrick Webre (pdf), acting chief of the FCC Consumer and Governmental Affairs Bureau.

While the letter contains numerous paragraphs, none of them actually say all that much -- except the part that tries to claim the agency is forbidden from somehow modifying or editing public proceeding comments:

Once filed in the FCC's rulemaking record, there are limits on the agency's ability to delete, change, or otherwise remove comments from the record. Doing so could undermine the FCC's ability to carry out its legal obligation, which is which is to respond to all significant issues raised in the proceeding.

To that end we continue to encourage you and all members of the public to submit comments to the FCC via ECFS (electronic comment filing system) that include accurate identifying information. This will ensure that the record reflects your views. You are welcome to include your correspondence on this matter -- including a statement that the comment you reference were not filed by you -- in ECFS for the public record.

While the FCC claims it faces "limits" on its ability to modify or delete comments, I've spoken to several former FCC staffers and one telecom industry lawyer unfamiliar with any such restrictions, especially when it applies to outright and obviously-fraudulent comments. A request to the FCC for a specific definition of these legal limits -- and a request for the IP address in question -- have yet to be responded to. The other problem is that the FCC is basically saying it doesn't care about any of this, informing users that have had their identities used to root against their own best self interests that they should just re-file new comments.

If you're thinking these comments don't really matter (which is clearly what the current FCC thinks), you'd be wrong. The 4 million comments filed during these rules' creation in 2015 helped shift former FCC Boss Tom Wheeler's thinking away from what would have originally been a potentially-legally unsupportable position, and toward classification of ISPs as common carriers under Title II. The comments also matter when it comes time to defend the policies in court, since they go a long way toward documenting whether the agency is actually supporting the public interest -- or just mindlessly being dictated to by deep pocketed incumbents.

In the broader context of the bogus bot issue -- we're at best witnessing outright apathy to identity theft and abuse of the FCC website -- and at worse an attempt to discredit legitimate opposition to FCC policy by effectively sanctioning fraudulent behavior. That's a curious policy decision for an FCC boss that has repeatedly claimed to be a stickler for professionalism and transparency. You have to think that if I began submitting copyright-violating missives -- or a hundred comments professing to be Ajit Pai or some other high-ranking FCC official -- the response would be notably...different.

And while the FCC may think it's immeasurably clever to quietly encourage illusory support for its attack on net neutrality, the agency's decision could prove problematic for it down the line.

After the public comment period, the agency is expected to vote again to finalizing dismantling the rules. After that will come the inevitable lawsuits by startups and consumer advocates. Pai and friends already faced a challenge in convincing the courts the broadband market changed substantively enough to warrant such a draconian and unpopular policy reversal. Now, net neutrality supporters may have some additional ammunition when it comes time to pointing out flaws in the FCC process, and how an agency that's supposed to represent the public interest -- pretty clearly doesn't.

Filed Under: ajit pai, fake comments, fcc, net neutrality

'Free Market' Group: FCC Comments Show Nobody Really Wants Net Neutrality

from the if-you're-a-data-scientist-I'm-a-walnut dept

So we've discussed how there's growing controversy about the gaming of the FCC's public docket on net neutrality to give the illusion of support for what's an extremely unpopular plan to kill the rules. A bot has been stuffing the ballot box with bogus comments using dead or otherwise fraudulent people, and I've seen my name hijacked and used to support the killing of the rules as well. So far, there's every indication that the FCC has no intention to crack down on any of this, since this fraudulent behavior supports its awful plan to kill net neutrality protections.

One analysts suggested that up to 40% of the roughly five-million comments submitted so far are coming from the aforementioned bot. After initially telling me they were "looking into" things, the FCC has ignored repeated requests for comment on why it's failing to police even the most rudimentary abuse of its own systems, like the example in my name above.

And now, with the ballot box stuffed, it's easier than ever for industry-connected groups to pretend the FCC's plan has broad support among the public. For example, a "free market" group calling itself Consumer Action for a Strong Economy (CASE) this week conducted a "study" of the comments. It's findings? People apparently overwhelmingly don't want a healthy and open internet free from the meddling of historically anti-competitive telecom duopolies:

"Free market group Consumer Action for a Strong Economy (CASE) says according to its analysis of the FCC's open internet docket, a majority (65%) favor repealing the Title II-based Open Internet order, as FCC chairman Ajit Pai has proposed to do...The group said it looked at the 4,990,000 filings as of June 20, and said it would do similar assessments in the future. Of those, it said, 3,237,916 support repealing the order, while 35% (1,752,084) oppose repeal.

Of course, you can certainly trust a group previously on record as saying FCC boss Ajit Pai is "brilliant" and "courageous" for ignoring the will of the public and gutting consumer protections governing some of the least liked, and least-competitive companies in American industry. Looking at the group's methodology of the study (pdf), it notes that it came to its conclusion by looking specifically for "unique phrases," but fails to show any of the math for what these phrases are, or how they were used. The group doesn't even mention the major scandal involving the bot using dead or otherwise fake people to stuff the ballot box:

"We identified form letters by sorting large batches of comments to find groupings of comments with similar language. Then we scored each form letter as "supporting repeal" and "opposing repeal." Within each form letter we identified unique phrases, then used these phrases to query all of the comments to find the number of comments containing the same language. This allowed (sic) to score 75% of all the comments in the docket as either "supporting" or "opposing" repeal."

Of course that runs in dramatic contrast to previous studies that found, once you eliminated bullshit bots from the equation, that the vast majority of real comments support keeping the rules intact. The group's study also flies in the face of survey after survey that indicates net neutrality has broad, bipartisan support among consumers. Of course "studies" like this are precisely why the FCC refuses to even comment on why it's turning a blind eye to comment fraud.

Even if nobody takes studies like this seriously (and it's pretty clear some news outlets do), the hope is clearly to generate enough doubt about the validity of the comments and commenting process to justify ignoring the will of the public when the FCC votes to finalize killing the rules later this year.

Filed Under: ajit pai, comments, fcc, net neutrality
Companies: case

40 ISPs, VoIP And VPN Providers Tell FCC They Like Having Net Neutrality Rules

from the far-from-Comcastic dept

Opponents of net neutrality often claim the rules placed "onerous burdens" on small and large ISPs alike. But when push comes to shove, you'll rarely see any of these folks provide hard evidence of such "burdens." Usually, opposition is driven by a fundamental misunderstanding of what the rules do, and by a conflation of the rules with nebulous partisan worries that net neutrality somehow represents "government run amok." That confusion is, quite often, courtesy of "insight" on the subject from the likes of Ted Cruz, who has repeatedly tried to insist that killing the popular consumer protections somehow "restores freedom" (citation needed).

But in yet another example of net neutrality's broad support out here in the real world, the EFF this week accumulated a list of 40 or so ISPs, VPN and VoIP providers that would very much like it if the rules remained intact. Noting how the last FCC's decision to reclassify ISPs as common carriers under the Communications Act actually helps them compete with their larger counterparts, the companies note that net neutrality hasn't hurt their ability to develop and expand their networks in the slightest:

"We have encountered no new additional barriers to investment or deployment as a result of the 2015 decision to reclassify broadband as a telecommunications service and have long supported network neutrality as a core principle for the deployment of networks for the American public to access the Internet."

Among these companies is California ISP Sonic, one of the few independent ISPs from the early aughts that managed to survive the incumbent ISP gauntlet, and the slow but steady attack on competition that started under former FCC boss turned top cable lobbyist Michael Powell (we talked with Sonic CEO Dane Jasper about this a podcast last April). Sonic and the rest of the companies proceed to note that eliminating the rules doesn't "restore freedom" for them; in fact most of them worry that the elimination of the rules will have a dramatically negative impact on competition in the market:

"Without a legal foundation to address the anticompetitive practices of the largest players in the market, the FCC’s current course threatens the viability of competitive entry and competitive viability. As direct competitors to the biggest cable and telephone companies, we have reservations about any plan at the FCC that seeks to enhance their market power without any meaningful restraints on their ability to monopolize large swaths of the Internet."

The companies also express concern about Congress' recent decision to kill broadband privacy protections at the behest of giant ISPs like Comcast, Verizon and AT&T -- most of which are not coincidentally conducting massive pivots into media and advertising:

"Lastly, we implore the FCC to examine the ramifications of the Congressional Review Act repeal of broadband privacy and provide guidance. We have long championed our customer’s privacy and believe Congress was in error to erode their legal right to privacy. However, the repeal’s detrimental impact on the reach and scope of Section 222’s ISP privacy provisions has resulted in great uncertainty in the market that the FCC could help provide clarity."

The companies' support comes on the heels of similar support for the rules from over 900 startups (you know, the people actually building the networks and technologies of tomorrow). In both instances (privacy and net neutrality), these "onerous regulations" had broad support among consumers and many smaller companies alike, highlighting again how the myopic opinion that "all regulation is automatically bad" is lazy thinking, a violent over-simplification, and incredibly detrimental when it comes to bringing competition to bear on one of the most anti-competitive and complicated segments of American industry.

Filed Under: competition, fcc, isps, net neutrality, privacy
Companies: sonic

Tumblr Goes Radio Silent On Net Neutrality After Verizon Acquisition

from the leashed-and-muzzled dept

Back when Verizon first began expressing interest in pivoting from broadband duopolist to media and advertising, you might recall that it launched a short-lived technology blog named Sugarstring. Sugarstring quickly made headlines for all the wrong reasons however, after it was revealed that Verizon was banning any new hires from writing about hot-button subjects like net neutrality, or the fact that companies like Verizon and AT&T are now bone-grafted to the nation's intelligence and surveillance apparatus.

Sugarstring is long-since dead, replaced in large part by Verizon's acquisitions of Yahoo and AOL, which also brought Huffpo, Engadget, and Techcrunch under the Verizon umbrella. And while Verizon itself has been busy using fake reporters to blatantly lie about the company's ongoing role in killing net neutrality, there's no indication (yet) that the company has pressured any of its own news outlets to quiet down on the subject. In fact, we've noted previously that some of the best reporting on net neutrality in recent months has originated at TechCrunch (this piece in particular is worth a read).

But while Verizon hasn't yet tried to get its own news outlets to quiet down on net neutrality, other now-Verizon-owned companies that used to be very active on the subject have gone dead quiet. Case in point: Tumblr, which was an integral ally in the SOPA/PIPA fight and an outspoken protector of net neutrality, is now utterly radio silent as FCC boss Ajit Pai attempts to kill the popular consumer protections. Insiders at the company this week expressed their concern to the Verge that Verizon is pressuring CEO David Karp to keep his mouth shut on the subject:

"Now, multiple sources tell The Verge that employees are concerned that Karp has been discouraged from speaking publicly on the issue, and one engineer conveyed that Karp told a group of engineers and engineering directors as much in a weekly meeting that took place shortly after SXSW. “Karp has talked about the net neutrality stuff internally, but won’t commit to supporting it externally anymore,” the engineer said. “[He] assures [us] that he is gonna keep trying to fight for the ability to fight for it publicly.” Karp did not respond to four emails asking for comment, and neither Yahoo nor Tumblr would speak about the matter on the record."

Granted Karp may just have toned down the company's rhetoric voluntarily to avoid ruffling feathers during the transition. And obviously any time a smaller company gets acquired by a larger conglomerate (especially from the historically droll and stodgy telecom sector) you'll see a major culture shift that often isn't for the better. Still, Verizon's positions on subjects like net neutrality are so hostile, Tumblr employees have grown increasingly uneasy in recent weeks, which could lead to an exodus of talent at the company:

“Some of our previous stances on issues that are really important to Tumblr employees and its community are being silenced,” said the former employee. “We've been really noisy about things like net neutrality in the past. We asked the new Head, Simon Khalaf, about it in an all-hands a few weeks ago and he said it was ‘not his problem’ and ‘above his pay grade.’” A current employee and another former employee corroborated this account."

It's unfortunate to have lost Tumblr's voice in the net neutrality fight, especially given that other industry giants like Google and Netflix have similarly gone mute on the subject, leaving consumers and small businesses increasingly alone in fighting for something vaguely resembling an open and healthy internet. And while you'd like to think Verizon is above trampling the editorial independence of former AOL and Yahoo news outlets, Verizon's Sugarstring experiment should make it pretty clear that ham-fisted attempts at censorship aren't exactly out of character for the telco.

For now, however, Verizon appears content to try and use entirely fake journalists like "Jeremy" to spread misinformation on net neutrality, as evident by this recent, comically misleading video by the company:

Filed Under: net neutrality
Companies: tumblr, verizon