Internet ISP Greed and Profit v. Public Privacy Score 1-0: Thanks GOP

“Gone with the Win”

This law is amazing, huge, terrific, tremendous results ahead

The headline from here (Business Insider) grabs our attention and rightly so:

“Trump just killed Obama's internet-privacy rules — here's what that means for you”

This simple statement re: S.J. Res. 34 that just passed by a very narrow margin.

In the House the vote was GOP: 215 and DEM: 205 (with 9 not voting). Had those 9 voted no, then it would have been 215-214 – a one vote margin.  

In the Senate it passed 50-48 (with 2 not voting: Rand Paul (KY) and Johnny Isakson (GA)). Had they voted no, it would have been a tie and VP Pence breaking that tie – probably for the people and not big business, right? Yeah, right…

Trump signed the bill into law late at night (April 3, 2017) and now the Internet Privacy Law of Land is, well, pretty much privacy be damned. That means it’s pretty much business and Ads first and foremost for huge snooping and massive Ad money profits and consumers, well… last with greed winning by a nose. We the People lost (again).

I wonder (again) isn’t government supposed to represent the “people” (they say they do in all their floor speeches) and not just “businesses and Corporations?”

What, oh never mind. The Supreme Court already ruled (twice) in Citizens United and Hobby Lobby that: “Corporations are just like people.”  That is similar to what Mitt Romney quipped in an Iowa campaign speech when he said: “Corporations are people, too, my friend.” (Must be GOP DNA, right?)

This simple statement summary applies to this new law - easy to remember, too:

To ensure your privacy on the Internet, you have to two options beyond of course of not even using the Internet. Those two options are simple:

(1) Accept a lower-quality experience, and/or

(2) Pay more extra many monthly fees.

Now with this new business-friendly law you can sit back and watch all those fees expand and creep up as other ISP’s work hard to buy your service with gimmicks and deals while keeping you in a Hamster spinning wheel.

History and Background About How We Got Here:

What is net neutrality and what does mean or do? It stands for the principle that broadband providers – referred to as ISPs, or Internet Service Providers – should give equal treatment to Internet communications and data flowing over their networks.

The FCC has recently approved an extension of net neutrality in the 2015 Open Internet Order. The 2015 Open Internet Order is a rule that reclassifies internet service providers as Telecommunications Services under the Telecommunications Act of 1996. This allows the FCC to regulate certain aspects of ISP behavior.

Before 2015, ISP’s were not classified as “common carriers” that is they were not  considered “common carrier” for services to the general public and not responsible for the quality and delivery of those services like gas pipelines, electric companies, railroads, and telecommunications services (phone companies) which were all classified as “common carriers.”

This is an important classification, because the government regulates common carriers under different laws and authorities than private companies.

Key Points:

1.  In 2010, while ISPs were not yet classified as telecommunications services, the FCC promulgated a set of net neutrality rules using its authority under Section 706 of the Telecommunications Act. (Section 706 mandates the FCC to encourage the deployment of advanced telecommunications services and to take action if necessary to accelerate deployment.)

2.  The FCC's 2010 Order prohibited internet service providers from blocking content, engaging in discriminatory practices such as slowing down or speeding up content of certain end users and content providers, and required ISPs to transparently disclosure network management practices.

3.  The D.C. Circuit ruled in 2010 that the FCC could not regulate ISPs as though they were telecommunications services.

However, the D.C. Circuit upheld the FCC’s general authority to promulgate open Internet rules with its Section 706 authority. In response to the D.C. Circuit’s ruling, the FCC announced a new notice of proposed rulemaking regarding open Internet rules. The Commission recently passed its new Open Internet Order by a vote of 3-2.

Under the new Open Internet Order, ISP’s are no longer classified as “information services” under Title I of the Telecommunications Act. Instead, they are classified as “common carriers” (seen above) – and specifically, as telecommunications services that can be regulated under Title II of the Telecommunications Act. This means that the rules that apply to telecommunications services under Title II will now also apply to ISP’s.

What does all this have to do with our privacy?

Several of the Title II rules - which now apply to ISPs - contain provisions about privacy. These provisions did not apply to ISPs before the 2015 Open Internet Order, but now they do apply.

Under the Communications Act of 1934, the FCC can forbear, or choose not to apply, any rules in Title II that are no longer in the public interest. In the 2015 Open Internet Order, the FCC made clear that it will forbear most of the provisions of Title II. It will NOT forbear (that is, it WILL apply) sections 201 & 222 and both have a significant impact on consumer privacy.

In 2014: FCC vote threatens net neutrality : The FCC formally proposed new net neutrality rules that may let Internet service providers charge content companies for faster and more reliable delivery of their traffic to users.

In 2017: Trump repeals that 2014 of Obama-era broadband privacy rules, the White House said, a victory for internet service providers and a blow to privacy advocates.

Introduction:

Net neutrality is the basic idea that all traffic on the Internet should be treated equally.

That means your broadband provider, which controls your access to the Internet, can't block or slow down the services or applications you use over the Web.

It also means your Internet service provider -- whether it's a cable company or telephone service -- can't create so-called fast lanes that force content companies like Netflix to pay an additional fee to deliver their content to customers faster.

Even though most people agree with the basic premise of Net neutrality, the FCC's rules have become a lightning rod for controversy.

The reason: The FCC has now reclassified broadband as a so-called Title II telecommunications service under the 1934 Communications Act. That reclassification places broadband providers under the same strict regulations that now govern telephone networks. Broadband providers, like AT&T and Comcast, say Title II allows the FCC to impose higher rates and will discourage them from building or upgrading their networks. On the flip side, Title II will help the FCC fight any legal challenges that AT&T, Verizon and Comcast (among others) lob its way. What are the new rules?

The FCC's Net neutrality order boils down to three key rules:

1.  No Blocking. A broadband provider can't block lawful content, applications, services, or non-harmful devices.

2.  No Throttling. Prohibits broadband providers from slowing down specific applications or services. Providers can't single out Internet traffic based on who sends it, where it's going, what the content happens to be, or whether that content competes with the provider's business.

3.  No Paid Prioritization. Broadband providers cannot accept fees for favored treatment. In short, the rules prohibit Internet fast lanes.

So, what else would you expect from a businessman (Trump) – except business over any and all else about everything just “leave the bottom line alone – let us run rampart” – the only critical element is the bottom line – that is more huge profit at any cost to consumers. So privacy and Ad overkill be damned – protect our bottom line – the almighty buck as it were.

This repeal of rules will NOT create one single new job, but it will hurt people when their ISP and on-line service bills are jacked up their bottom line – greed again prevails over common sense and decency and privacy of consumers … so, yeah for Trump, and boohoo for the rest of us.  

All of this follows a string of strong criticism of the bill, which is a win for AT&T Inc., Comcast Corp and Verizon Communications Inc. even though that provision from 2014 had not even been effect. The bill repeals regulations adopted in October by the Federal Communications Commission under the Obama administration requiring internet service providers to do more to protect customers' privacy than websites like Alphabet Inc.’s Google or Facebook Inc.

The rules had not yet taken effect but would have required internet providers to obtain consumer consent before using precise geolocation, financial information, health information, children's information, and web browsing history for advertising and marketing.

Newly-appointed FCC Chairman Ajit Pai praised the repeal in a statement late on Monday for having: “Appropriately invalidated one part of the Obama-era plan for regulating the internet since those flawed privacy rules, which never went into effect, were designed to benefit one group of favored companies, not online consumers.”

Some Q&A and Summary:

1. What is Net neutrality? Net neutrality is the principle that all traffic on the Internet should be treated equally. And the new rules will ensure that whether you're checking Facebook, posting pictures to Instagram, shopping on Amazon, or streaming Netflix movies, all the information traveling across the Internet to you and from you should be treated the same. That means your ISP whether that's a broadband company like Comcast or a wireless carrier like AT&T or Verizon can't block or slow down your access AND ensure that a broadband provider can't pick winners and losers on the Internet by creating “fast lanes” for them to charge certain companies for priority, or faster, access to customers.

2. Why does this matter to me? For consumers of Internet services (which covers the majority of people here in the US), Net neutrality means there's nothing in the way of you accessing your favorite sites and getting your favorite content. If you're an entrepreneur looking to start your own streaming service, you'll be treated the same as a deep-pocketed Netflix or Google when delivering videos to your customers.

3. What's going to change when these rules are adopted? The decade-long debate over how to implement Net neutrality has really been a battle to make certain a level of openness is preserved. And the way to preserve it is by establishing “rules of the road” that let ISP’s, consumers, and innovators know what's allowed and what's not allowed on the Net.

4. So, if nothing would happen to the Internet if these new rules weren't adopted, why should I care? Internet's history there have been no formal rules governing Net neutrality. Most people can say that they have always and continue to enjoy a free and open Internet. 

However, we now have new rules in a new law, so thanks Mr. and Mrs. GOP 100% all on board in the House, the Senate, and White House — all the way – call it majority rules, right?  

Also, keep in mind that the only goal, primary aim, and main thrust of Donald J. Trump and his all GOP-run government is to wipe away anything with Barack Obama's name on it from the history books as if he and it never existed. Call it Trump's way of proving his birther crap was in fact, true. Next, perhaps Trump will try deport Mr. Obama back to his birth place, Kenya where he was born, right? That would not surprise me one bit. Besides, “Revenge is a dish best served cold,” right Mr. Trump?  

As always: Stay tuned.