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Net Neutrality Makes Comeback in California; Lawmakers Agree To Strict Rules (arstechnica.com) 130

California lawmakers announced a deal Thursday to restore key protections in a widely watched bill to give Californians strong net neutrality protections. From a report: The California net neutrality bill that could impose the toughest rules in the country is being resurrected. The bill was approved in its strongest form by the California Senate, but was then gutted by the State Assembly's communications committee, which approved the bill only after eliminating provisions opposed by AT&T and cable lobbyists. Bill author Sen. Scott Wiener (D-San Francisco) has been negotiating with Communications Committee Chairman Miguel Santiago (D-Los Angeles) and other lawmakers since then, and announced the results today. Wiener said the agreement with Santiago and other lawmakers resulted in "legislation implementing the strongest net neutrality protections in the nation." A fact sheet distributed by Wiener's office today said the following: Under this agreement, SB 822 will contain strong net neutrality protections and prohibit blocking websites, speeding up or slowing down websites or whole classes of applications such as video, and charging websites for access to an ISP's subscribers or for fast lanes to those subscribers. ISPs will also be prohibited from circumventing these protections at the point where data enters their networks and from charging access fees to reach ISP customers. SB 822 will also ban ISPs from violating net neutrality by not counting the content and websites they own against subscribers' data caps. This kind of abusive and anti-competitive "zero rating", which leads to lower data caps for everyone, would be prohibited, while "zero-rating" plans that don't harm consumers are not banned.
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Net Neutrality Makes Comeback in California; Lawmakers Agree To Strict Rules

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  • Did they make an allowance for peering agreements? Technically that would speed up some websites.
    • by Anonymous Coward

      How exactly does "California Net Neutrality" work?

      Does this mean traffic flowing *into* California? Or going out *from* California? Or both?

      Where exactly, and *how* does this work? If a Cali company has a data center on the East Coast and wants to throttle traffic to the Midwest, does this apply? What about non-Cali corporations? Global corporations with oversea datacenters? Does CA intend to enforce 'neutrality' on anything which transits through?

      Honestly, this seems more like a conceptual victory than a p

    • by AHuxley ( 892839 )
      Re "Technically that would speed up some websites." The next step is to speed up all NN internet over CA.
      The first step was to alter the way an ISP and telco do their peering, internal telco software in CA.
      Once the gov can make that change the gov will go for what a telco can really do.

      What to stay a telco in CA?
      Time to connect the state. All the areas with poor people who as a demographic cant pay for any new telco service.
      They need new NN networks too.
      The shareholders will have to pay to move th
      • by gmack ( 197796 )

        In Canada we have rules banning ISPs from zero rating or prioritizing certain traffic and we also have rules forcing the telcos to provide server to rural areas. And guess what? The telcos still make billions.

        Net Neutrality is a good thing provided they get all of the rules right and don't accidentally ban something important.

  • An actual law (Score:4, Insightful)

    by Kohath ( 38547 ) on Thursday July 05, 2018 @02:27PM (#56897334)

    This is what legitimate policy-making looks like: draft an actual law, argue for it, put it up to a vote of elected representatives, if it passes, get it signed, then implement it.

    Note how this is different than having an unelected board just make up rules that sound good.

    • by Kenja ( 541830 )
      and if it passes the legal challenges from the Trump administration, since part of the repeal of Net Neutrality was a prohibition against states from creating such laws.
  • Westward, Ho! (Score:3, Informative)

    by PopeRatzo ( 965947 ) on Thursday July 05, 2018 @02:28PM (#56897344) Journal

    Once again, it's up to California to show the rest of the country how it's done.

  • Nice (Score:2, Interesting)

    by SmaryJerry ( 2759091 )
    Finally California does something right in it's government, assuming the full regulations are as clear as are stated in the summary. Take those exact words and make it federal law.
    • Re:Nice (Score:5, Interesting)

      by ShanghaiBill ( 739463 ) on Thursday July 05, 2018 @02:44PM (#56897432)

      Finally California does something right in it's government

      California politics has become significantly less dysfunctional since we switched to non-partisan primaries. The new system favors moderate candidates open to compromise, over partisanship and pandering to special interests.

      • Finally California does something right in it's government

        California politics has become significantly less dysfunctional since we switched to non-partisan primaries. The new system favors moderate candidates open to compromise, over partisanship and pandering to special interests.

        That's an interesting take to call a single-party government "non-partisan" when it it is actually completely partisan in the sense that one party controls the executive and legislative branches and can completely ignore the minority party. As a result, absolutely no compromise is now needed. Of course one-party governments are in no way less subservient to special interests than contested governments, and that is true whether we're talking about California or Texas.

        Furthermore, the notion that eliminating

  • SB 822 will also ban ISPs from violating net neutrality by not counting the content and websites they own against subscribers' data caps. This kind of abusive and anti-competitive "zero rating", which leads to lower data caps for everyone, would be prohibited, while "zero-rating" plans that don't harm consumers are not banned.

    How can you tell the difference between 'good' "zero-rating" and 'bad' "zero-rating"?

    • Campaign contributions usually work fairly well.

    • by Anonymous Coward

      Minimally zero-rating is used to allow you to purchase data plans & topups on your device after your data has expired. This IMO is "good" zero-rating.

      "Bad" zero-rating would be AT&T not charging for streaming video from AT&TTubes or shopping on their affiliates site, etc.

      • And such zero-rating of traffic to affiliates is bad because...?

        If I buy a data plan and get, say 2 Gigs of data a month on my device, how is making AT&T- related properties not count towards my data plan cap 'bad'? I lose nothing, I'm still entitled to the 2 gigs of data from any source I like, PLUS "all I can eat" from AT&T related properties.

        I can't get free stuff because the existence of a free alternative hurts non-free competitors?

        • how is making AT&T- related properties not count towards my data plan cap 'bad'? I lose nothing

          You are losing the services that do not pay extortion money to AT&T to become AT&T affiliated.

          • No, he still gets to enjoy the contractual 2 gigs from those services.
            • No, he still gets to enjoy the contractual 2 gigs from those services.

              1 gig. No wait, 500mb. No wait, 250mb. No wait, pay-per-use unless it's part of your "website lineup".

              We've been down this road before with cable companies and the TV services they provided. We should not pretend that the same road leads to a different place.

              • It's not the same - the cable industry changed channel lineups once they started having to pay to carry channels.

                As far as I know, I can't think of any websites that have successfully forced ISPs to pay a fee for the privilege of making their website available to their subscribers.

    • Re:How, exactly... (Score:4, Insightful)

      by Actually, I do RTFA ( 1058596 ) on Thursday July 05, 2018 @05:14PM (#56898382)

      How can you tell the difference between 'good' "zero-rating" and 'bad' "zero-rating"?

      Look at T-mobile's zero rating. Anyone can meet their zero-rating rules with out paying them cash. All you had to do was meet some fairly easy* technical requirements and respond to their commands to downgrade video. That's good zero-rating.

      * Easy if you're building a video streaming company. Probably not easy enough if you're one guy serving videos off your home server. Although if you're that kind of person, maybe you want to tackle those as a fun project.

      I'd say that making it open to all players based solely on technical, not business, requirements is a valid way to play it. With some watching to make sure teh technical requirements aren't business requirements in disguise (e.g. must use CodecX, available only from us for a license fee of Y)

    • It's literally in the block you quoted.

      ban ISPs from violating net neutrality by not counting the content and websites they own against subscribers' data caps.

  • I don't understand (Score:3, Interesting)

    by Anonymous Coward on Thursday July 05, 2018 @02:43PM (#56897430)

    How are cable/telecom companies going to possibly argue that the FCC's rule preempts this when the FCC stated rather bluntly in the order repealing net neutrality that they were doing it because they do not believe the FCC has the authority to impose those regulations. The Constitution is quite clear that any power not claimed by the federal government defaults to the states. So if the federal government is abdicating responsibility for regulating telecom and cable companies, it means the states are free to do so.

    You would think that after the first debacle with Verizon suing and getting everyone classified as Title II carriers would have taught the industry to be careful what they wish for. Now instead of one consistent rule across the entire country they have to contend with as many as 50 different sets of rules.

    • by bws111 ( 1216812 )

      The federal government HAS claimed power over communications. The FCCs position is that if there are to be net neutrality laws then they must come from CONGRESS. The federal government has not 'abdicated' anything.

      • Laws must come from Congress, yes. But they are enforced by the executive (of which the FCC is a part). Laws frequently leave the details to the experts in the executive. In this case, Congress passed two laws (the second being a revision of the first) that give the FCC broad powers to regulate interstate and international communications networks. You can argue that Congress would be better served to give more concrete parameters, but the fact that they didn't in no way means that the FCC doesn't have a
      • by rahvin112 ( 446269 ) on Thursday July 05, 2018 @08:25PM (#56899338)

        Congress delegated to the FCC broad authority to regulate Title II communications in the 1950's, at the time this was basically telephone service because the public had come to believe this was an essential life saving service which it obviously was. But Congress also delegated to the FCC the ability to decide what constituted Title II service offerings because they understood they couldn't vote on every little new thing that came out.

        During the Clinton administration the FCC voted to provide light regulations protections for "data services" as part of the 1996 deregulation of data services as the internet came into being. GW Bush's FCC went a step further in the early 00's and voted to remove all Title II protections. During the remaining years of the Bush administration and comments from leaders in the telecom sector (particularly the head of ATT) it because apparent that the new no-regulation stance gave these companies the legal ability to essentially blackmail services operating via the internet by threatening to slow down their service if they didn't pay the telecom provider a fee. This would be the death of an open internet with the Telecoms and Cable companies deciding the winners and loosers in the market. In particular it would give them the ability to "tax" into oblivion any service that competed against their own offerings. Comcast immediately took advantage of this to try to blackmail Netflix.

        This birthed the net-neutrality movement and during the first years of the Obama administration they tried to implement policies to stop this blackmail with light handed regulations while not declaring the service Title II again. The FCC was then immediately sued by all the telecoms as they are almost every time they do anything and lost in court, with the final court ruling saying that without a designation that data services were Title II that congress had never given the FCC authority to regulate these services. So as a regulatory action in the final years of the Obama administration they voted to redesignate Data services as Title II and implemented the lightest regulation they could, giving them authority to review and revoke agreements like those between Netflix and Comcast where Comcast was using last mile access to toll competing services. They required a minimal amount of reporting by companies with more than 100K subscribers and took the position of not acting unless a complaint was received.

        Trump upon entry immediately undid the Title II designation but then as the last sentence in the order tried to claim that this new regulation blocks state level regulation in direct contradiction to the previous court ruling. Were the FCC to try to challenge the California law they would immediately lose based on that ruling because the FCC has no authority unless it's Title II.

        One of the purposes of federal regulation is to offer a level playing field across the US, when you eliminate all regulation you give the states authority to regulate it themselves. This is what the Trump administration is finding out, by trying to undo the Title II designation they opened up the pathway for States to regulate it themselves. The same has happened with EPA's attempts to undo minimum CAFE and pollution requirements put in place during the Obama administration, regulations that were heavily supported by numerous states. The result has been a dozen states passing their own and conflicting requirements creating a regulatory patchwork that makes it harder for car manufacturers.

        But this is what happens when you put inexperienced nitwits or idealouges in place at these government agencies. You destroy the regulatory framework that protected these business from state level regulation. That's not a win, the problem is the right's come to believe that simply eliminating the regulation is a better idea that providing a legitimate process and negotiation with the stakeholders (businesses, state and local governments and activists) on sensible regulations that the entire country can live with that protect the business and the people.

    • The Constitution is quite clear that any power not claimed by the federal government defaults to the states.

      The Constitution is quite clear that, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."

      One of the big problems we have is that the Federal Government interprets the Constitution as you have just described, rather than abiding by what it actually says.

    • by Anonymous Coward

      You need to stop thinking about constitutionality or who-is-responsible-for-what. Those considerations are 100% distraction. If you want to make sense of FCC decisions, then you need to look at it in terms of the FCC's current purpose.

      The FCC's purpose is to maximize profit for whoever pays Pai. The FCC does not have the power to implement NN because the people who bribe Pai want it to prevent NN. The FCC does have the power to prevent states from implementing NN, because the people who bribe Pai want it t

    • As I understand it, it's not a ban on ISPs from breaking net neutrality, but rather an order to the state government that anybody doing business with the state of California must abide by net neutrality.

      Basically, if you want any government contracts, you need to follow the regulations that they're putting forward, but you can operate in the state without them.

      • As I understand it, it's not a ban on ISPs from breaking net neutrality, but rather an order to the state government that anybody doing business with the state of California must abide by net neutrality.

        It's hard to know what's in this sausage because, according to TFA, the text of the bill won't be released until August. It's not passed yet, it's not even written yet. Assuming you are right, then the State of California will be getting its internet service from Comcast Government of California instead of Comcast. Different company, you know?

        Also, according to TFA:

        "I think the FCC preemption is not valid," Wiener told Ars, saying that California has authority to protect consumers and business from unfair

    • You have selective memory - the Federal Communications Commission repealed the unconstitutional 'Net Neutrality' regulations saying it was in appropriate for the FCC to regulate such things, they specifically said the Federal Trade Commission was the appropriate body to oversee the issues relating to Net Neutrality.

  • All your West is belong to Freedom.

    It's only in the Lie-over states that you are treated like Serfs.

    Wait .. Serfs had rights.

  • The previous Slashdot story where the bill was gutted [slashdot.org] linked to a diff of the bill. This article just makes statements about "strong protections." I really like having access to the source code.

    • by Anonymous Coward

      TFA:

      The new text of the bill won't be released until August 6 because the legislature is heading into a month-long recess, Wiener said. "It'll look different in terms of the way it's structured or ordered, but all of those key protections will be back in the bill," he said.

  • the jobs will just move out of CA WI is open to do any thing to get jobs.

  • by cahuenga ( 3493791 ) on Thursday July 05, 2018 @03:24PM (#56897646)
    ~ Never forget: Miguel Santiago is bought and paid for.
  • by misnohmer ( 1636461 ) on Thursday July 05, 2018 @03:38PM (#56897708)

    Zero-rating that doesn't harm consumers is not banned? So as long as it doesn't purposely deliver malware? If consumers are using the site you can assume they are doing it willingly and that they are not willingly harming themselves.

    • It's literally in the summary.

      ban ISPs from violating net neutrality by not counting the content and websites they own against subscribers' data caps

      • It's literally in the summary.

        ban ISPs from violating net neutrality by not counting the content and websites they own against subscribers' data caps

        If you read the summary to the very end, you would have seen:

        "...while "zero-rating" plans that don't harm consumers are not banned."

        which is why I asked the question, who decides which of those are not banned.

  • by Rick Schumann ( 4662797 ) on Thursday July 05, 2018 @04:53PM (#56898244) Journal
    Trump made a big point of 'giving power back to the States', so I guess we'll wait and see if he's going to keep his word (for once!) or try to stomp all over California legislation, again.
  • ... I finally have a want for it.

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