[194284] in North American Network Operators' Group

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Re: EFF Call for sign-ons: ISPs, networking companies and engineers

daemon@ATHENA.MIT.EDU (Mark Radabaugh)
Thu Mar 30 00:18:37 2017

X-Original-To: nanog@nanog.org
X-Barracuda-Envelope-From: mark@amplex.net
From: Mark Radabaugh <mark@amplex.net>
In-Reply-To: <Pine.LNX.4.64.1703291451560.18083@yuri.anime.net>
Date: Wed, 29 Mar 2017 18:06:08 -0400
To: Dan Hollis <goemon@sasami.anime.net>
Cc: NANOG list <nanog@nanog.org>, NANOG <nanog-bounces@nanog.org>
Errors-To: nanog-bounces@nanog.org



> On Mar 29, 2017, at 5:53 PM, Dan Hollis <goemon@sasami.anime.net> =
wrote:
>=20
> Why aren't _ALL_ consumer privacy regulations managed by the FTC?
>=20
> Why is the FCC needed here?
>=20
> -Dan

This was a consequence of the FCC declaring "information services=E2=80=9D=
 a Title II service in an attempt to avoid losing yet another lawsuit =
over the =E2=80=9COpen Internet Principals=E2=80=9D 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=E2=80=99t 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 =E2=80=98information =
service=E2=80=99 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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