[amarv1n]

There's a lot I disagree with in Declan's comment.

We disagree on what Congress gave the FCC authority to do. The 1996 Telecom Act clearly classified DSL and dial-up as something called a "telecommunications service" which was subject to a host of rules including nondiscrimination rules. On the other hand, things like Yahoo.com would be "information services," not subject to all those rules.

The FCC, adhering to a deregulatory philosophy, decided not to regulate cable modem service by claiming it was an "information service" through some pretty silly technical analysis. After this decision, the FCC decided that DSL and wireless Internet were also "information services" not automatically subject to the rules set out by Congress. (This is sort of like a financial regulator deciding that mortgage-backed securities are not insurance, even though they look like insurance, just to make sure all the laws applicable to insurance don't apply.)

But... the FCC claimed it could impose net neutrality rules on ISPs even though they were "information services" like Yahoo (or Hacker New or Facebook). A court struck down that attempt and the FCC is on try number 2, and before the same court.

The FCC can properly classify ISP service as a "telecommunications service."

The argument about Congress failing to pass a new statute authorizing net neutrality in 2006 is flawed because courts draw no inference from failed legislation. That's well-known statutory interpretation. Any member could introduce any law and it likely won't get passed; that 1 member's view doesn't have a legal impact.

Finally, the argument that Ed Markey can act whenever there's a NN violation misses the point that the FCC is the enforcement agency that should act. By adopting a law, they are simply setting up that enforcement process for people to file complaints, and the FCC can act. Markey on his own can't enforce anything; he can call hearings, but that's not enforcing an order.

(Also, the commenter is Declan McCulloch of CNET, or his biggest fan, since he links to Declan's articles and is named Declan... I'm Marvin, the author of the Wired.com opinion article. Declan is also quite a "smart fellow" and we get along swell, even if we disagree sometimes and are on opposite coasts.)

[mathattack]

Thanks for following up. For what it's worth, you have a flawed view of Mortgage backed securities. By virtue of the mortgage behind it, it's a real product like a bond. It is the Credit Default Swap betting on mortgage (or corporate credit) performance that is insurance Against the mortgage backed security.

This is just nitpicking and doesn't alter your argument.

[declan]

Marvin: No need to guess about my identity! My comment to which you replied said "as I wrote here in 2005" when linking to my CNET article. You did read my comment in full before replying, right? :)

Also I have links to my homepage and Twitter screen name in my HN profile: https://news.ycombinator.com/user?id=declan

In terms of the merit of your arguments, nobody claimed that Markey can do anything on his own; the point I made is that if there are actual NN problems -- as opposed to hypothesized handwaving ones -- Markey and others in Congress can and will advance legislation. In terms of the rest of your points, I think you're reaching. I look forward to continuing this conversation after the court rules!

PS: My last name is spelled "McCullagh."