Wait, so are you saying that the "journalists" and fanboys that pushes so hard 
for Title II had no idea of the implications of their desires? Say it isn't so. 




----- 
Mike Hammett 
Intelligent Computing Solutions 
http://www.ics-il.com 

Midwest-IX 
http://www.midwest-ix.com 

----- Original Message -----

From: "Mark Radabaugh" <[email protected]> 
To: "Dan Hollis" <[email protected]> 
Cc: "NANOG list" <[email protected]>, "NANOG" <[email protected]> 
Sent: Wednesday, March 29, 2017 5:06:08 PM 
Subject: Re: EFF Call for sign-ons: ISPs, networking companies and engineers 
opposed to FCC privacy repeal 



> On Mar 29, 2017, at 5:53 PM, Dan Hollis <[email protected]> wrote: 
> 
> Why aren't _ALL_ consumer privacy regulations managed by the FTC? 
> 
> Why is the FCC needed here? 
> 
> -Dan 

This was a consequence of the FCC declaring "information services” a Title II 
service in an attempt to avoid losing yet another lawsuit over the “Open 
Internet Principals” of No Blocking, No Throttling, and No Paid Prioritization. 

Once the FCC declared the internet (information service) a common carrier 
service that removed all authority of the FTC to regulate. The rules the FCC 
had in place on privacy are geared toward phone services, not the Internet. The 
rules didn’t fit so they attempted to write internet specific regulations. 
There was some good stuff in what the FCC wrote but a whole lot of overkill as 
well. 

So what happens now? 

If Trump signs the CRA (expected) the FCC can not recreate the rules until 
Congress authorizes them to. Getting legislation allowing more regulation 
through Congress is pretty unlikely for the next couple of years. 

If the FCC decides to roll back Title II that takes ‘information service’ out 
of Title II. The FTC regains the authority to regulate Internet Service. 

Congress is looking at a complete rewrite of the Communications Act. Everything 
is up for grabs if this happens. 

Mark 



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