Is Net Neutrality really unlawful? Our new Justice seems to think so. Trump announced on Twitter last week that he would name a nominee to serve on the highest federal court in the United States at 6 p.m. PT Monday night. The choice comes about two weeks after Supreme Court Justice Anthony Kennedy announced he would retire by July 31. (Check out out the full coverage at our sister site CBSNews.com.)Trump’s choice, if confirmed by the Senate, will have a say on landmark cases for years to come. Supreme Court justices make rulings that affect everything from education to marriage equality to free speech. Tech has increasingly appeared on the court’s docket. In 2018, the justices ruled on cases that affected online shopping and phone location data history privacy. In its next session, which starts in October, the Supreme Court is expected to hear cases on tech issues again, including an antitrust argument over Apple’s App Store.Kavanaugh, 53, has served as a US Court of Appeals judge for the DC Circuit for 12 years, providing opinions on key tech issues like net neutrality andThe potential Supreme Court justice sided against net neutrality in a 2017 dissent, arguing that it was “one of the most consequential regulations ever issued by any executive or independent agency in the history of the United States.”Kavanaugh wrote that net neutrality was unlawful because it prevented internet service providers from controlling what type of content they provide to people, violating a company’s First Amendment rights. He compared it to cable providers being able to control what customers could watch.Sen. Chuck Schumer, a Democrat from New York, called Kavanaugh out for his stance on net neutrality in a tweet on July 3.”Kavanaugh frequently sides with powerful interests rather than defending the rights of all Americans like when he argued that the FCC’s #NetNeutrality rule benefiting millions of consumers was unconstitutional,” the senator tweeted. The circuit court judge has also argued in support of the NSA’s massive surveillance program.In 2015, the US Court of Appeals declined to hear a case on the NSA’s phone metadata collection, first unveiled by whistleblower Edward Snowden.In his opinion, Kavanaugh argued that the NSA’s surveillance program was consistent with the Fourth Amendment, even without a warrant. He said that data requests from the government were reasonable for national security.”In my view, that critical national security need outweighs the impact on privacy occasioned by this program,” Kavanaugh wrote.He cited the “third-party doctrine” established in 1979, which allows law enforcement to obtain data on a person without a warrant if they obtained it from a third party (CNET 7/10/18).Ray Myers
While we were all enthralled with Trump’s globe-trotting antics, i.e., a G-7 meeting where he made a pitch for allowing Russia to rejoin, refusing to sign concluding document, and an historic “hand-shake” with North Korea’s Kim Jong-un: net neutrality died in the United States. As a public service, here are some of the changes that will make you wish for a return to those carefree Internet-browsing days.
* Internet service providers can now discriminate against any lawful content by blocking websites or apps.
* Service providers can now slow the transmission of data because of the nature of the content.
* Service providers can now create “internet fast lanes” for companies and consumers who pay premiums, and maintain a slow lane for those who don’t.
Now we can all sleep a little more soundly? We have both Russia and North Korea on our side, and our Internet service just got slower, may be censored, and become more expensive. More like a nightmare!
Net Neutrality: What You Need to Know Now
When you go online you have certain expectations. You expect to be connected to whatever website you want. You expect that your cable or phone company isn’t messing with the data and is connecting you to all websites, applications and content you choose. You expect to be in control of your internet experience.
When you use the internet you expect Net Neutrality.
Net Neutrality is the basic principle that prohibits internet service providers like AT&T, Comcast and Verizon from speeding up, slowing down or blocking any content, applications or websites you want to use. Net Neutrality is the way that the internet has always worked.
In 2015, millions of activists pressured the Federal Communications Commission to adopt historic Net Neutrality rules that keep the internet free and open — allowing people to share and access information of their choosing without interference.
But right now the internet is in peril. On Dec. 14, 2017, the FCC’s Republican majority approved Chairman Ajit Pai’s plan to gut the Net Neutrality protections.
A former Verizon lawyer and a Trump appointee, Pai ignored the widespread outcry against his plan from millions of people, lawmakers, companies andco public-interest groups.
We can’t let Pai have the last word on this — which is why we’re calling on Congress to use a “resolution of disapproval” to overturn the FCC’s vote to dismantle the Net Neutrality rules.
What can we do now?
Congress has the power to reverse the FCC’s vote. Urge your lawmakers to use a “resolution of disapproval” to overturn the FCC’s decision to dismantle the Net Neutrality rules.
The Trump administration is doing everything in its power to clamp down on dissent. If we lose Net Neutrality, it will have succeeded.
P.S. I will not be posting any commentary on Friday, March 9. Will be back on Monday, March 12. Thanks for following TechtoExpess.
Twenty-one States and the District of Columbia, and several public interest groups, filed the first major lawsuit Tuesday to block the repeal of the Federal Communications Commission’s (FCC) Net Neutrality rules, marking the start of a high-stakes legal battle over the future of the Internet. New York Attorney General Eric Sneiderman, who is leading the suit, said the FCC’s repeal of the net neutrality rules was “arbitrary” and “capricious” and violates federal law.
The FCC’s rules had prohibited internet providers from slowing down or blocking websites. The lawsuits came just a day after Senate Democrats said they were inching closer to the votes needed for a legislative measure to help overturn the FCC’s rules. Their resolution aims to reverse the FCC’s decision and block the agency from passing similar legislation in the future. It has garnered the support of all 49 Democratic Senators as well as one Republican, Sen. Susan Collins of Maine.
Long live America’s Net Neutrality!
So it’s just that kind of day.
I’m not sure what more I can say.
FCC puts the Internet up for sale.
Putin and Trump are best friends forever. (“Hacking Democracy,” Washington Post, 12/15)
P.S. For a diversion from the present state of world power politics and Internet control, please have a look and listen at mypeacecorpsstory.com, podcast #018, where I discuss my “technology-free” Peace Corps years in India, 1966-68
Only one day left before the Federal Communications Commission in the U.S. votes on plans to abandon Net Neutrality in favor of lifting restrictions on Internet providers. In other words, allow Internet providers to become more entrepreneurial in offering their services at competitive market rates. I think we all know what this means: consumers will now have to pay more and receive less in terms of services provided.
In terms of trying to better understand the impact of these proposed changes, and as a means registering your opposition (assumed), please visit this site to make your voice heard: https://www.battleforthenet.com/breaktheinternet/
The full power and potential of the Internet should not be left to only those who can afford it!
P.S. Please have a look at mypeacecorpsstory.com, podcast #018, where I discuss my “technology-free” Peace Corps years in India, 1966-68
Web users in the U.S. can now breathe a little easier because of a recent circuit court ruling which prohibits broadband companies from blocking or slowing the delivery of internet content to consumers. The key word in all of there deliberations and previous court rulings is the definition/declaration of internet broadband service as a “utility,” not a luxury for the American consumer. This should be good news for anyone who shops, or just looks online, for comparisons of quality and/or price across different retailers.
The challenge for retailers, of course, is to remain competitive in the online marketplace which is rapidly replacing the “bricks and mortar” stores and shopping malls. So the consumer remains “king” in shaping marketing strategies in the twenty-first century. And business must now use those strategies that will be most convenient for the consumer to access information about their products and prices in the easiest way.
With net neutrality, this information will now continue to reach the broadest possible audience in a very personalized way, much to the delight of Internet giants like Google and Netflix. In effect, the court now interprets the internet as an essential platform for consumers! For our youngest consumers, I’m sure they wonder how you could shop without it!