Hacker News new | ask | show | jobs
by dragonwriter 3085 days ago
We've had net neutrality as official FCC policy with different enforcement mechanisms from 2005 until 2017. Being “CMU taught, Cambridge written” apparently doesn't stop the paper from being blatantly wrong and simple, easily verifiable facts.
1 comments

Absolute nonsense. What mechanisms? The cases of fraud or misrepresentation are just that. Not preemptive regulation like NN.
> What mechanisms?

Case-by-case application of the Open Internet principles from 2005-2010, Title I regulation from 2010-2014, Title II regulation from 2015-2017. The case-by-case approach was struck down by the courts in 2010 while the Title I regs were being drafted; the Title I regs being struck down in 2014 with a specific identification of Title II as the legal basis that would support the kind of rules the FCC adopted under Title I is what prompted the Title II regulations to be drafted.

> The cases of fraud or misrepresentation are just that.

The VoIP and BitTorrent blocking cases before the Title I regs were adopted weren't based on general fraud or misrepresentation principles, but on the FCCs publicly adopted Open Internet (net neutrality) principles.

So no preemptive regulation before 2015. When the entire internet was created.
> So no preemptive regulation before 2015.

That's clearly wrong, but how wrong is a matter of interpretation: it's either the 2010 or 2005; the Title I regs in 2010 were no less “preemptive” than Title II, and the 2005-2010 approach was, IIRC, struck down because it amounted to preemptive regulation adopting the net neutrality principles as binding rules without following the mandatory process of the Administrative Procedure Act.