The big story as we close out this week is Verizon appealing the FCC’s Net Neutrality order. Verizon is choosing to go back to the DC Circuit Court of Appeals, the site of the last Net Neutrality legal fight. That was the Comcast v FCC case, lost by the FCC because the FCC simply doesn’t have the legal authority to do it. Some say it could set up the FCC for another loss for Net Neutrality II to be fought out there.
In fact, Verizon is doing all it can to get this decided the right way. Verizon is arguing the DC Circuit is the only place this should be resolved, on the grounds that the FCC is essentially modifying Verizon’s wireless spectrum licenses. Clever. Also interesting is the request that the Comcast v. FCC panel be assigned to this appeal, on the grounds that the judges involved won’t have to waste time getting up to speed on the issues. A friend told me Verizon had some clever lawyering going on with this. Not being especially familiar with regulatory litigation, or even a lawyer at all, my ability to judge that is limited, but what I’m reading suggests it’s true.
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Happy Thanksgiving. I’ll be very brief, because it’s Thanksgiving.
The FCC is going to vote on the Internet takeover next month. Defying the law and the courts, the FCC will make a power grab, or at least will try to. There’s still time to get loud, get people informed, and get enough popular opposition to this thing going that the FCC might back off. I’m not counting on it, so plan B becomes aggressive legislative action in January. So talk to your members of Congress as well.
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Opinions differ on the Cato Institute, but they’re right on when it comes to the ACLU’s deceptive arguments on Net Neutrality. Case after case of alleged net neutrality “violations” are raised and demolished. And remember, this is the case being used to justify urgent action by the FCC in defiance of the law and the courts.
It’s all a bunch of garbage.
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I’ve worn myself out tonight making last minute preparations for my trip out to Austin for the RedState Gathering this weekend, so this will be brief. Additionally, Tech at Night will not appear on Friday because I will be in Austin and away from Safari, whose great RSS reader is the most important tool I use to complete my Tech at Night research.
First off, the Google backlash is well underway. The firm seems to operate under the assumption that there will be no serious objections from the technical community to whatever they do, because of that “Don’t be evil” mumbo jumbo. But when articles like this at IT World show up with no purpose but to question the attitude displayed by Google and CEO Eric Schmidt, it’s time for a new plan.
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Today Google and Verizon changed the landscape of the Net Neutrality debate in America, by putting out a joint proposal* for FCC Internet regulation. This is a proposal that ideally should be implemented by the Congress, which has the proper authority, and as described I support it. The fact that I’m fine with it of course means, as I predicted, the fringe radicals at Free Press are even more isolated from the mainstream now as they must turn on Google, their former ally.
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