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timothymcnamara

User Profile Image timothymcnamara
Member since : Oct-25-2009 (Verified)
2 Ideas, 9 Comments, 17 Votes

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Ideas Posted

This label confuses the issue so much that even commenters on this site are misunderstanding one another. The true debate is that the pro-regulation and anti-regulation crowds have different ideas on how to achieve "net neutrality." It is unfair for the pro-regulators to imply that regulation is the only means.

This is unfair because I and others believe that although these principles ostensibly guarantee rights of equality will be guaranteed, they will necessarily manipulate a previously free market industry - (a non-neutral situation). And to take my opinion one step further just to lend it legitimacy, the industry players will inevitably manipulate the rules and labels that apply to them. The regulations will then be superfluous at best, but burdensome, stifling and costly in all likelihood.

So for the purpose of this debate here and with the greater public, I think it should be renamed to "Net Adherence Principles" or "Network Practice Principles." This is, after all, an imposition of rules - not a vow of non-participation as "neutrality" implies.
Net Neutrality is inherently paradoxical; it imposes new government over an already self-sustaining system. I find these rules unnecessary much in the way I would say the FCC is largely unnecessary to spectrum regulation.

The FCC we have today was empowered to annex, license and govern all spectrum, at a time when the broadcast market was learning to regulate itself via the courts under common property law principles. This was done well before radio technology had advanced - to preserve the "public interest", and to protect us from risk of monopolies/oligopolies. Nevertheless, the Commission has struggled with these very problems ever since. Moreover, the side effects of FCC regulation are vast inefficiencies recognized in part by the recent and TRULY neutral White Spaces initiative.

So I believe moving forward with this similarly premature regulation of the internet is a big mistake. The communications and ideas that we've gained from the internet so far have been immensely beneficial. There isn't any principle, no matter how earnest, that will unanimously promote the freedom of communication if it is reduced to the English language in the form of an enforceable regulation.

Secondly, even if prospective regulation is needed it will always be inadequate. If injustice pervades the internet medium, as everyone seems to fear, why can't we see exactly what injustices materialize and leave it to the DOJ's antitrust division?

Displaying 1 - 25 of 323 Ideas

Comments Posted

timothymcnamara 4 months ago
Ricky, Jim's point has been there this whole time. An ISP is best equipped to meet the needs of its users, given daily advances in technology requiring more bandwidth on its network. How is this more technical than other Libertarians' arguments? There is no other point - that IS the Libertarian argument!

But in the next statement you concede by calling the issue a 'challenge,' apparently asking for smarter regulators to handle the rest - whomever that may be. On what grounds do you distrust ISPs in favor of an unknown enforcer of internet rules?

I especially take issue with your characterization of the internet as capable of being "FOX-ified" or "Clearwatered" with one or several carriers dominating all of the distribution and content. The contradiction in your plea is astounding. You are all at once criticizing the FCC created phenomena of tv/radio license oligopoly, while asking for another system to organize the behavior of internet providers. Try starting your own radio station vs. starting your own ISP right now. Which is easier? What are the main barriers to entry? Licenses? Oh you mean GOVERNMENT?

If you'd just let well enough alone, you would have more than enough content and distribution available for the rest of your life. Don't like the internet you have? Link up with your neighbor and start a new one. That's how it can work - until the government gets involved.



timothymcnamara 4 months ago
The lawful point should definitely continue to be examined and discussed for the reasons you've listed. Unfortunately this IdeaScale model is not the right one for this project. People are voting entire discussions down because they disagree with the first post.

But I would definitely say the "lawful" restrictions in principles 1 & 2, by limiting ISPs' network management practices will definitely lead to more pervasive info/packet inspection to assess legality.

I haven't thought much about how the DMCA would work with NN principles, but it is pretty powerful legislation that obligates ISPs to take proactive measures against copyright infringement.
timothymcnamara 4 months ago
Etniks,

First let me just say that this exchange, as part of the official comments shouldn't be taking place on this site. But I meant it when I said the rest is up to you and to do your own research. So I'd say the reason you are baffled is that you haven't done any research at all.

Here are some questions you might have asked if you were curious rather than concerned with railing against conservatives:

1) What prevents a low-income borrower from getting a loan?

Answer: He does not have good credit, does not have 20% for a down payment, and may or may not have the income to carry an ORDINARY mortgage payment.

Solution: Give the low-income borrower an EXTRAORDINARY mortgage. Isn't this common knowledge? The CRA relaxed or eliminated all of these lending standards, while the DOJ, HUD and FED (the original link source, you might note) used their respective powers to make banks comply with the new standards or else. Are you going to ask me for a link on evidence of this or can you handle it yourself?

2) How many high-risk loans exist after credit score, savings and income are taken out of the equation?

Answer: Because a whole new population is buying homes, and home prices are dramatically increasing as a result, very few.

Even without thinking, what part of this line of logic don't you understand: The CRA was enacted to give low income persons loans who would not otherwise qualify. As a result, many low income persons got loans who would not otherwise qualify. These newly "qualified" borrowers are the sub-prime market. The sub-prime market, where all the foreclosures took place made up the assets which ultimately led to the financial market bottoming out. Isn't this the story HuffPost tells too?

That took me a long time, so if you have any more questions, keep them to issues of internet regulation.

timothymcnamara 4 months ago
Dar's point is well taken, and if I'm right, he's generally saying this is a slippery slope.

If the FCC is announcing principles to regulate the internet, make no mistake in that THEY ARE GOING TO REGULATE THE INTERNET. That means all of his questions will have to be addressed by regulations. As his questions note, internet providers will be infinitely difficult to define - and an increasingly difficult market to enter for new niche/small businesses as enforcement (red tape and money) comes in.

To be sure, how can a federal agency truly understand the goings on and mechanics of what takes place in each unique locale, e.g. Dar's Black Rock Ridge? I'm not ready for this regulation and neither is anyone else who truly wants NN.
timothymcnamara 4 months ago
Think of the airwaves and the internet as property, like land in the Wild West when people brought their families out there to settle. At that time there was no "commission" to annex the use and ownership of land, you just set up camp and began earning a living. With time, boundary disputes were settled by courts with a first in time/first in use standard.

Now imagine if there were a commission to oversee all of that activity and license all of the land use. The commission allotted California for the use of Grape and Orange growers, with exemptions for industry in the port cities. Texas was dedicated to oil drilling, with exemptions for industry in the port cities. Iowa and many of the midwestern states were assigned to corn farming/mineral mining etc.

Then imagine the commission's licensing task. Almost immediately Texans wanted to grow cattle rather than drill for oil. Citizens of California filed for waivers to grow Avocados and Apples. Iowans filed for waivers to grow wheat, because advances in technology meant that they could grow 10X as much wheat than corn. The commission denied these waivers in part because it couldn't handle all of the paperwork if waivers were regularly granted and in part because the new uses might interfere with the old uses. And the established corn farmers, the strongest licensees in Iowa, complained heavily of interference concerns. LARGE SWATHS OF LAND WERE LEFT UNDEVELOPED, and unused as a result of this inefficiency.

That's whats going on with the airwaves. The FCC might have instead defined spectrum boundaries and not assumed ownership, but allowed the private market to purchase and sell according to who valued the spectrum most. Disputes would have been settled in court. Now you tell me, which system is better?
timothymcnamara 4 months ago
No I don't think it would be ok, but I think that labeling internet regulation "net neutrality" is similar to labeling anti-abortionist views as "pro-life." We're all for a neutral net and we're all in favor of life. These labels tend to confuse the public, and have confused people on this site is all I'm saying.

Others seem satisfied with the inaccurate label though. As you can see my idea has received at least 10 negatives. I'm guessing these are people who just disagree with my anti-regulatory stance though, because noone has explained to me why the "net neutrality" label is in fact accurate.
timothymcnamara 4 months ago
Fine.

The answer to your question if you're genuinely interested is the Community Reinvestment Act. Here's a link for more info: http://www.federalreserve.gov/dcca/cra/. The rest is up to you.

And I don't have time to respond to the rest of your incendiary language. Next time do your own research.
timothymcnamara 4 months ago
Etniks you have stacked generalization upon generalization in order to justify calling other people morons. It's incorrect and impolite.

Firstly, you have absolutely no foundation for your assertions: China's high savings rate has nothing to do with their economic system, but with a culture of poverty and practicality. And their 8 percent GDP growth is because of deregulation and the progression of commercial/personal freedoms. By contrast, our country is regulating more every day and stifling almost every industry as a result: banking, manufacturing, telecommunications.

And to correct you on a related note, "the crisis we are in now" is a result of excessive regulation, not deregulation. The reason banks lent money to poor people for mortgages was a direct result of legislation that required basically that every citizen could enjoy the American dream.

If we get internet regulation, I would push for rules that restrict your participation to appropriate forums like the HuffPost. It's truly where your comments belong. We're talking about internet regulation here.
timothymcnamara 4 months ago
To Chris.mccamic, your condescension isn't justified. "Net neutrality" has a notoriously ambiguous meaning, and is a misnomer at its worst. For you to say someone doesn't understand its meaning shows you're not understanding the breadth of meanings attributed to it. What is illustrative is that this label has endured to confuse and still isn't labeled as we all know it to be: "Internet Regulation".

The truth is all of us (customers) want "net neutrality" in theory: Equal access, ubiquitous and nationwide, to lots of bandwith, as cheap as possible. But neutrality implies an absence of participation. When the fed is getting involved to regulate, that's not what you're asking for at all.

And so now we must turn to the prospective injustices haunting your future online experience. Yes Comcast was warned by the FCC, and yes other broadband providers are practicing network management. Service allocation by price tier is a rather obvious necessity in any market of fixed services. (If you want subsidies just ask for it.)

So your fears are speculative and as yet unfounded - why would a corporation purposely seek to squeeze out its bread and butter customers? I don't get it. And if they did violate some law: contract, consumer protection, or even antitrust - Dar is right in that we have an existing infrastructure to take care of that. So I say, keep the fed's hands out of the internet.