Tim Wu is the law professor and activist who coined the term "net neutrality" -- the principle that ISPs should get you the data you request, as efficiently as they know how, without deliberately slowing down some sites unless they've paid bribes for "preferred carriage." The FCC had made a halfhearted and legally doomed rule to protect American net neutrality, refusing to use its full regulatory power for fear of offending the powerful telcoms corporations it is meant to regulate.
A recent court decision struck down the FCC's rule, confirming critics' fears about the weakness of the FCC's legal position. Now, in a Washington Post interview, Wu explains what a blunder the FCC made (he calls it "a FEMA-level fail") and sets out the next steps the Commission should take if it is to ameliorate the consequences of its timidity and deference to the telcos:
They blew it on the legal strategy. It's a big fail. It's like, FEMA-level fail. Every legal expert told the FCC they're going to lose this case, and they did. It reminds me of the Bush administration, where everyone said the problem in Iraq isn't going to be the invasion — it's going to be in the aftermath.
Think of it this way: The FCC is like a battleship, and it has these enormous guns. But it decided to use a water pistol for this particular issue. Or, put differently: The FCC is like a car with a massive engine, and they decided not to use the engine but rather the bicycle that was attached to the car.
What could the FCC have done differently?
The obvious alternative would have been to do what the FCC should have done and — in the future tense — now should do, which is to reclassify broadband under Title II authority.
‘A FEMA-level fail’: The law professor who coined ‘net neutrality’ lashes out at the FCC’s legal strategy
[Brian Fung/Washington Post]
(via Interesting People)
Attorney General Jeff Sessions, having been thrown under the bus by Donald Trump, has clearly run out of fucks to give, and so now he’s not only reviving the feel-good anti-drug program that convinced kids to take drugs, not only directing fed cops to arrest people who take weed in states where it’s legal — […]
Hey, remember how Bill Clinton doubled down on the War on Drugs, perfecting Reagan’s haphazard and shoddily made race-war into a well-oiled incarceration machine that turned America into the world’s greatest incarcerator, a nation that imprisoned black people at a rate that exceeded Apartheid-era South Africa?
The word on the Hill is that Trump will nominate Cheryl Stanton to head the Department of Labor’s Wage and Hour Division, a step up from her current job as head of the South Carolina Department of Employment and Workforce, where her tenure has been marked by high-profile resignations over her plans to trump up […]
Just because English has become the common global tongue doesn’t mean it’s the easiest language to write—even for native speakers. If you’re looking to improve your written communication skills, especially on your smartphone, take a look at Ginger Page.Ginger is a cross-platform app that offers corrections for phrasing as well as grammar. It’s powered by […]
The current web development landscape is rife with buzzwords and technology that gets abandoned almost as soon as it’s made. If you’ve never written a line of code before, it can be hard to figure out what’s coming, what’s here to stay, or how to get ahead.This Beginner Web Development Bundle is a great place […]
The Fader Stealth Quadcopter from TRNDlabs packs incredible flight performance into a package small enough to land on your phone screen, and it’s available now in the Boing Boing Store.The Fader’s six-axis gyroscope module gives it perfect balance in the air. This makes the onboard 720p HD camera all the better for shooting amazing flight […]