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)
Timothy writes, “Diego Gómez is a Colombian conservation biologist. When he was a college student, he shared a single research paper online so that others could read and learn from it, just as he did. Diego was criminally prosecuted for copyright infringement, and faced up to 8 years in prison.”
Before the FCC stopped taking comments on its plans to destroy Net Neutrality (but after so many people rallied to tell it not to that its site crashed and the agency manufactured a fake denial of service attack to avoid admitting how much America hated its plans), the FCC’s comment form was flooded with 128,000 […]
Rudy Carcamo-Carranza was an undocumented restaurant worker in Michigan wanted for a DUI and a hit-and-run; the FBI and ICE used IMSI catchers — powerful, secretive cellphone tracking tools that the agencies bill as a kind of superweapon in the war on terror — to catch him and put him up for deportation.
Boasting an IPX6 waterproof rating, the Trakk Bullet Ultra Compact Waterproof Bluetooth Speaker resists dust and heavy rainfall. It’s currently available in the Boing Boing Store.The Trakk Bullet offers the same wireless convenience as other portable speakers, but few are built as tough as this one. Its utilitarian construction is designed to be a totally low-maintenance […]
The Ticwatch 2 Active Smartwatch is a simpler take on an active wearable that raised over $2m dollars on Kickstarter and is currently offered in the Boing Boing Store.Somewhere in between the single-day battery life and platform-specificity of the Apple Watch and Android Wear devices, there exists the Ticwatch. Instead of trying to shoehorn another […]
Loot Crate is a subscription service that delivers a box of curated pop culture goods to your doorstep. To sample their geeky wares, you can order a single mystery box exclusively from the Boing Boing Store.Each month Loot Crate sends you 6-7 unique items and apparel, including collectibles, books, and t-shirts. Pulling inspiration from all […]