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President Trump's Supreme Court nominee argued last year that net neutrality rules violate the First Amendment rights of Internet service providers by preventing them from "exercising editorial control" over Internet content.
Trump's pick is Brett Kavanaugh, a judge on the US Court of Appeals for the District of Columbia Circuit. The DC Circuit twice upheld the net neutrality rules passed by the Federal Communications Commission under former Chairman Tom Wheeler, despite Kavanaugh's dissent. (In another tech-related case, Kavanaugh ruled that the National Security Agency's bulk collection of telephone metadata is legal.)
While current FCC Chairman Ajit Pai eliminated the net neutrality rules, Kavanaugh could help restrict the FCC's authority to regulate Internet providers as a member of the Supreme Court. Broadband industry lobby groups have continued to seek Supreme Court review of the legality of Wheeler's net neutrality rules even after Pai's repeal.
[...] Consumers generally expect ISPs to deliver Internet content in un-altered form. But Kavanaugh argued that ISPs are like cable TV operators—since cable TV companies can choose not to carry certain channels, Internet providers should be able to choose not to allow access to a certain website, he wrote.
"Internet service providers may not necessarily generate much content of their own, but they may decide what content they will transmit, just as cable operators decide what content they will transmit," Kavanaugh wrote. "Deciding whether and how to transmit ESPN and deciding whether and how to transmit ESPN.com are not meaningfully different for First Amendment purposes."
Kavanaugh's argument did not address the business differences between cable TV and Internet service.
(Score: 4, Insightful) by Anonymous Coward on Sunday July 15 2018, @05:33AM (16 children)
Utility is a natural monopoly. No need for regulatory capture.
(Score: 2) by The Mighty Buzzard on Sunday July 15 2018, @05:41AM (15 children)
What's this on the bottom of my back? Why, it's my ass.
If you genuinely believe that, you have not a fucking clue the efforts major ISPs go through to make sure they have nothing resembling competition.
My rights don't end where your fear begins.
(Score: 2, Insightful) by Anonymous Coward on Sunday July 15 2018, @06:05AM (7 children)
God damn, even for a netizen youre a piece of shit. Citizens united needs to be overturned because you crazy fucks are starting to believe the bullshit. I knew you were a bit of a clueless person, but wow. Now you're just openly an advocate of censorship. Doubtful you have the brain cells to comprehend, and i realize you will argue this as a 1st amendment right. Moron of the 13th degree.
(Score: 4, Insightful) by The Mighty Buzzard on Sunday July 15 2018, @06:07AM (6 children)
I openly advocate liberty. Without the right to be an asshole, you have none.
My rights don't end where your fear begins.
(Score: 0, Flamebait) by Anonymous Coward on Sunday July 15 2018, @06:22AM (3 children)
You're not capable of understanding liberty. You start from some very simple premises and then stop. You are a low grade useful idiot and you are helping push forth a fascist society. This is made more tragic by the fact you believe you are supporting liberty. Sorry cuck, the elites have seeded you with their antichrist baby and left you at the altar.
(Score: 1, Flamebait) by The Mighty Buzzard on Sunday July 15 2018, @06:54AM (2 children)
You try so hard only to fail so miserably. Poor little AC, you have my pity.
My rights don't end where your fear begins.
(Score: -1, Flamebait) by Anonymous Coward on Sunday July 15 2018, @07:27AM
Aww, you're such a sweet guy. I'm glad I've gotten to know you over these past few years. If only the country had more true patriots like you! I will sleep well tonight knowing that TMB is looking over me.
(Score: -1, Flamebait) by Anonymous Coward on Sunday July 15 2018, @08:34PM
You don't have to try at all.
(Score: 5, Informative) by Anonymous Coward on Sunday July 15 2018, @02:24PM (1 child)
No you don't. You openly advocate for fascism. Honestly, I don't get why people as ignorant as you are even allowed to vote, you just fuck things up for those of us that actually do value freedom. Corporations are not now nor have they ever been people. Texas doesn't execute them and in no state in the union are they ever sent to prison for engaging in criminal activities. Every once in a very long while one of their executives will be sent to prison, but the penalties they're assessed are pretty small.
(Score: 2) by The Mighty Buzzard on Monday July 16 2018, @05:40PM
I think you need to look that word up. It most certainly does not mean "individual liberty, even for people you don't like".
My rights don't end where your fear begins.
(Score: 4, Informative) by Anonymous Coward on Sunday July 15 2018, @06:42AM (4 children)
I hated economics, too much bullshit, but it also has some basic sensible notions.
Certain sectors of economy, like utilities, is dominated by scale, leading to monopoly/cartels.
You are an ignorant doofus. Adam Smith warned of monpoly/cartel hundreds of years ago.
(Score: 2) by The Mighty Buzzard on Sunday July 15 2018, @06:57AM (3 children)
Honey, sweety, darlin, we are quite capable of creating infrastructure that removes that issue. All we have to do is require it and eliminate all contracts and legislation that have gone into creating or strengthening monopoly status.
My rights don't end where your fear begins.
(Score: 3, Touché) by Anonymous Coward on Sunday July 15 2018, @07:31AM (2 children)
So, a series of voluntary contracts? Mediation will be done through a variety of free-market enforcers?
GENIUS!
(Score: 2, Troll) by Azuma Hazuki on Sunday July 15 2018, @02:17PM
LOL, you nailed it. He insists he's not Mr. Vim but I've told him on several occasions his economic "theories" reduce to the same kind of wild-eyed, staring-at-your-left-ear-and-twitching dogmatism.
I am "that girl" your mother warned you about...
(Score: 2) by The Mighty Buzzard on Monday July 16 2018, @05:44PM
You did see the bit where I specifically said do away with exclusive contracts, yes? Rand would hate me for saying that but it's a key part of any well oiled capitalist system.
My rights don't end where your fear begins.
(Score: 1) by exaeta on Sunday July 15 2018, @04:46PM (1 child)
ISPs use techniques like 12 month contracts, arbitration agreements, and hidden fees to displace competition.
We should start by banning long internet contracts and arbitration agreements. (this improves liberty, since we reduce state involvement in enforcing contracts)
The Government is a Bird
(Score: 2) by The Mighty Buzzard on Monday July 16 2018, @05:45PM
Without real competition it wouldn't help much.
My rights don't end where your fear begins.