Good Morning Conflucians!!
Big news this week is the FCC ruling on net neutrality or in this case, the lack of net neutrality. Yet another case of Obama handing over what is the people’s to the few rich and powerful. But before we get to that, another cowardly Obama move deserves notice. Namely how the administration is preparing for their own indefinite dentition order for “terrorists”:
The Obama administration is preparing an executive order that would formalize indefinite detention without trial for some detainees at the U.S. military prison at Guantanamo Bay, Cuba, but allow those detainees and their lawyers to challenge the basis for continued incarceration, U.S. officials said.
The administration has long signaled that the use of prolonged detention, preferably at a facility in the United States, was one element of its plan to close Guantanamo. An interagency task force found that 48 of the 174 detainees remaining at the facility would have to be held in what the administration calls prolonged detention.
“We have a plan to close Guantanamo, and this detainee review process is one element,” said an administration official who discussed the order on the condition of anonymity because it has yet to reach the president.
So nice of them to add that bit about they can still “challenge” their continued incarceration. That doesn’t mean those don’t get put into the “circular file” of course. Another bit of information from the same article relates to what was in the defense authorization bill:
Provisions in the defense authorization bill, which has passed the House and is before the Senate, would effectively ban the transfer of any detainee to the United States for any purpose. That rules out civilian trials for all Guantanamo detainees, including Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11, 2001, attacks. His potential prosecution had remained possible even though the administration had balked in the face of political opposition to a trial in New York.
The defense bill, if it passes the Senate, would effectively force the administration to conduct only military commissions and at Guantanamo Bay, which would also have to remain open to house those held indefinitely. The bill would also create new requirements before the administration could repatriate or resettle detainees who were cleared for release by the interagency task force.
So much kabuki theater. Notice that this is still a large majority Democratic congress doing this. And notice Guantanamo never closed. But I’m sure the president will be really disappointed in all this. As it turned out the bill didn’t pass (see below on the stop gap bill for even worse news).
OK, so back to possibly loosing the ability to watch Netflix online. What everyone not on the side of the big telco’s and cable companies wanted was a pretty simple net neutrality ruling that basically said you can’t discriminate network traffic based on its starting point or its end point. Clean, simple, and to the point. But that’s not what we got. What we got instead was a watered down “we really don’t think you should do that”, mostly. And some big loopholes you could drive a truck through. And on top of that, big exceptions. Really big exceptions. Basically the future of all internet, wireless, has no limitations whatsoever. So telco’s running wireless services are now free to charge different rates depending on where traffic is coming from or where it’s going. That is what Obama did today.
Let’s see some of the coverage. First from ars technica:
The Federal Communications Commission is releasing the details of its new net neutrality Order in stages. Although the FCC’s new ban on “unreasonable discrimination” for wired ISPs allows certain kinds of traffic discrimination (not all bits need be equal), the agency made clear after today’s meeting that “paid prioritization” deals with Internet companies are unlikely to be allowed. Critics had worried that the new Order would only affect outright website blocking, leaving paid prioritization untouched (or even implicitly sanctioned).
“Pay for Priority Unlikely to Satisfy ‘No Unreasonable Discrimination’ Rule,” advises one subheading of the new net neutrality rules. Ed Whitacre’s dream of directly charging Google and Yahoo to “use his pipes”—a key event in starting the entire net neutrality debate—appears to be dashed.
As we’ve reported, the FCC’s new rules forbid Internet providers from blocking lawful content and they require transparency from ISPs. They also require that network management and packet discrimination to be “reasonable,” but that only applies to wireline broadband. Wireless operators gets a free pass on rationality; they’re limited only to the transparency and blocking provisions.
“Specialized services” like IPTV (think AT&T”s U-Verse) will also be allowed over the last-mile broadband connection, although the FCC insists it will watch their deployment for anti-competitive behavior. But the Order rather strongly suggests that priority deals are “unlikely” to fit into this “reasonable” framework.
Let’s look at some of that closer. First there is some attempt to say it’s bad in normal, reasonable situations to have priority deals for either end of the internet connection. That is, it would be bad in normal situations to charge a starting point like a department store or netflix or a blogger different rates for different bit rate or quality of service priorities. And similarly in normal, reasonable situations it would be bad to charge end users or even low level ISPs different rates for different levels of priority traffic. OK. So what does normal and reasonable mean?
Well, it turns out they say some things aren’t normal and reasonable, and that includes things like video. So Netflix or Youtube or similar starting points can be charged more than others. And you as a user can be charged more to receive those. Don’t confuse that with prioritizing based on the type of data or “packet” which could reasonably say video is a bit lower priority (because it’s so big). Those types of rules are reasonable and effect data of certain shapes regardless of what video, who’s sending it, and who’s receiving it. In this case they don’t say that, they say that’s a special case and you can let, say, Comcast charge Netflix more to send data or you more more to receive Netflix data.
And look what else they say, they say wireless, e.g., cell, is exempt for the most part. They do say they should play nice, and they’ll be watching. You know, kind of like how the administration watched BP in the gulf. And remember, when you hear that about cell, keep in mind that’s very possibly the future of the internet as we move to 4G and then 5G cell systems; those will be faster than the alternatives. And by this ruling, those will already have unfair practices well in place. And you know how hard that is to get mega corporations to give up something. Kind of like how hard it will be to get any administration and congress to give up sucking 100M a year from social security and medicare after Obama pushed through that tax bill. So through your cell service, be prepared to pay different rates based on who you are and what you receive.
Two days ago, over on huff and puff, Al Franken had a column about the issue. Here’s a snippet from that:
This Tuesday is an important day in the fight to save the Internet.
As a source of innovation, an engine of our economy, and a forum for our political discourse, the Internet can only work if it’s a truly level playing field. Small businesses should have the same ability to reach customers as powerful corporations. A blogger should have the same ability to find an audience as a media conglomerate.
This principle is called “net neutrality” — and it’s under attack. Internet service giants like Comcast and Verizon want to offer premium and privileged access to the Internet for corporations who can afford to pay for it.
The good news is that the Federal Communications Commission has the power to issue regulations that protect net neutrality. The bad news is that draft regulations written by FCC Chairman Julius Genachowski don’t do that at all. They’re worse than nothing.
And sadly, we learned they did worse than nothing indeed. Here’s a follow up article at huff and puff on what eventually passed (emphasis mine):
Late Monday, a majority of the FCC’s commissioners indicated that they’re going to vote with Chairman Julius Genachowski for a toothless Net Neutrality rule.
According to all reports, the rule, which will be voted on during tomorrow’s FCC meeting, falls drastically short of earlier pledges by President Obama and the FCC Chairman to protect the free and open Internet.
The rule is so riddled with loopholes that it’s become clear that this FCC chairman crafted it with the sole purpose of winning the endorsement of AT&T and cable lobbyists, and not defending the interests of the tens of millions of Internet users.
For the first time in history of telecommunications law the FCC has given its stamp of approval to online discrimination.
Instead of a rule to protect Internet users’ freedom to choose, the Commission has opened the door for broadband payola – letting phone and cable companies charge steep tolls to favor the content and services of a select group of corporate partners, relegating everyone else to the cyber-equivalent of a winding dirt road.
Internet users deserve far better, and we thought we were going to get it from a president who promised to “take a backseat to no one in my commitment to Net Neutrality.” Watch now as he and his FCC chairman try to spin tomorrow’s betrayal as another “mission accomplished.”
Don’t believe it. This bogus victory has become all too familiar to those watching the Obama administration and its appointees squander opportunities for real change. The reality is that reform is just a rhetorical front for industry compromises that reward the biggest players and K-Street lobbyists while giving the public nothing.
Say it with me everyone: we told you so. He’s a stooge for the mega pro monopoly corporations. What else do you have to see to finally not say he failed, because he did exactly what he wanted to do, and finally not say, well he’s intelligent and he means well, because he does exactly what he means. What more needs to happen people. Well, at least they’re noticing he’s not on their side. Mostly. Got hope?
And speaking of faux messiahs like Obama or Assange on the left or similar ones on the right, why is it that some percentage of people on both sides of the political spectrum will follow someone like that? Here’s a nice quote from a early socialist and labor leader, Eugene Debs:
I don’t want you to follow me or anyone else. I would not lead you into the promised land if I could, because if I could lead you in, somebody else would lead you out.
I wish people could keep that in mind when they mostly blindly follow a leader.
Let’s see what else is in the news. Oh yes, after a year or so of skyrocketing health insurance premium costs (mine when up nearly 100%, and that’s with no doctor visits as an excuse even), the Obama administration is looking into it. It looks like they’ll be writing some really stern letters again (emphasis mine):
Moving to restrain skyrocketing health insurance premiums, the Obama administration is proposing rules requiring insurers to justify increases of more than 10% a year in 2011.
At the same time, administration officials plan to step up federal review of premiums if state regulators cannot adequately protect consumers, a move cheered by many leading consumer advocates.
The increased oversight comes as consumers nationwide struggle with rate hikes that have exceeded 30% in some places, even as insurance industry profits have swelled.
In the lead-up to passage of the new law, the soaring rates fueled calls to give state and federal regulators more power to scrutinize premiums and even deny increases that appear unjustified. Only some states currently have such authority.
The draft regulations unveiled Tuesday would not give state or federal officials the ability to deny rate hikes. Instead, the administration is relying on state regulators to scrutinize proposed hikes and to assess if they are justified by increases in the cost of care or other factors.
Yep, mission accomplished again.
Oh yea, the large majority of Democrats in congress couldn’t get together on a spending bill, so they punted for a stop gap until March when the Repubs, sill a minority in the senate, will of course be in complete control and will demand massive cuts:
Congress passed a stopgap funding bill last night to keep the government open into March, when Republicans will have greater power to cut federal spending.
On a 193-to-165 vote, the House backed a stripped-down measure that would freeze pay for federal employees, provide $160 billion for the wars in Iraq and Afghanistan, and head off cuts in Pell grants for college tuition. The Senate approved the bill hours earlier, 79-16.
The measure is needed because the Democratic-controlled Congress — in an unprecedented breakdown of the budget process — has failed to pass a single one of the 12 annual spending bills that fund the day-to-day operations of every federal agency.
It’s a feature not a bug as a certain klown likes to say. Let’s start placing bets on what will be cut next year.
The other big news of late was the results of the census showing some shifts in congressional seats. Two states lost two seats each, New York and Ohio. And a number of states, mostly in the northeast lost one seat each. And a number of states in the south and west gained seats. Here’s some general coverage at Bloomberg, local coverages at the NYTimes and the Miami Herald for some sampling of results.
That’s a bit of what’s happening. Chime in with what you’re seeing.