Vergecast Live! Net Neutrality 2017 Thanksgiving madness
Vergecast Live! Net Neutrality 2017 Thanksgiving madness
2017-11-24
well okay okay all right whatever we're
starting hello
let's start by the way in case you're
wondering why we always do this to tape
and not live it's because I can't say
that hello that laughing almost every
time alright ready yes and welcome to
the verge cast the flagship podcast of
The Verge top bids but here's what I'm
gonna tell you this is a completely
renegade episode of The Verge cast our
producer Andrew Moreno is not here we
are live foolishly on hangouts on
YouTube which may or may not be working
and there's a live audience here
chatting at us but I am at my parents
house in Wisconsin hi
dieter where are you I'm in a little
town called Magnolia Arkansas which is a
lovely town and it has internet
interestingly enough I think it's the
only internet option here is this man
Internet yeah that's about right
I bet I also have Matt Internet that's
the only option at my parents house here
in Racine Wisconsin
how are you I'm at the New York office
and I'm literally the only person here
other than some guy is going around
cleaning stuff how's the internet new
office uh well that's exactly why I'm
here when I am at home I think my router
is misconfigured and whenever especially
Google Hangouts is the worst it just
chokes it just sits there and it doesn't
work for a little while so as you might
be guessing as you may have surmised
from our internet banter we're here
emergency renegade broadcast for one
reason which is that the home pod has
been delayed videos like now that's
gonna be props look at this funny prop
everybody yeah you have to you have to
describe it for the audio list now I had
like a 2004 product called home pod by a
company called Mac
since it's basically a home alright
alright Paul put that on no no one wants
your 2004 internet radio here alright
but here's why we're actually doing it
on Wednesday which is the day before
Thanksgiving we're recording this on the
blackest of black Fridays on Wednesday
ajit pi and the FCC put out their
proposed order to completely rescind all
net neutrality rules the United States
so Tom wheeler the former commissioner
the former chairman of the FCC in 2015
reclassified internet service broadband
service is a title to common carrier
service which let him put rules on it
like no blocking no locking no paid
prioritization no throttling
transparency rules a G PI and the
Republicans thought this was a terrible
idea they thought it would reduce
broadband investment pi his publican
okay which is I'm with you yeah what do
you do he his became that I became the
chairman of the FCC when Trump became
president he has spent I would say the
past year making his case that
investment has been lowered he has not
and I think this is an important point
he has not taken any interviews with
anyone who disagrees with him
he's only insisted that he's right I
think this is a point I want to come
back to a whole lot as we talk about
this on this podcast and he put out his
notice of proposed rulemaking a few
months ago which we read and reacted to
and he put out his proposed order on
Wednesday there's gonna be a vote he's
pushing a vote on December 14th so yeah
there's he's he's all about like look I
put out the rules before you know the
public gets to see them that's not what
Tom wheeler did but he put them out the
day before Thanksgiving and he's holding
about in two weeks so it's like six and
one half of the other right yeah people
are mad I'm mad
dude I'm mad you're mad Paul probably
not pretty mad I'm glad
phonce glad but people are right now
today protesting it Verizon stores if
they spent all day yesterday protesting
there there are the battle for the
Netcom is running huge call in campaigns
we're writing posts on the site and
because we talk about the rich guys so
much Paul said to me indeed er why don't
we have an emergency rope session so
everyone else is on vacation except that
for people covering Black Friday deals
in the verge and we are basically at our
parents houses except for Paul's in the
office does my parent do an emergency
session so here's what I will start I
will start with yeah this is the
important thing
man there's so much hang I think I just
I want to point out that neela is like
lightning fast overview elides over like
a million points that we would have
previously spent the entire verge cast
on yeah like a million points there's
just so much history and pain and sorrow
and like actually very interesting like
debates that we have had that are
embedded in that little story that Neil
I told and so like if you like see us
like pause and like have a well of
feelings during this podcast it's
because like oh man you just said the
thing I could talk for an hour about
that but I have to shut up now so I just
want to point that out there's a lot so
I think yeah there's I mean that this is
just long history this is you know in 21
I'll start with the the main thing which
is remember with the railroads
the main thing is we now have a document
from PI a legal document in which he
makes his legal argument yes so we don't
have to have like a moral debate about
this right we're not having a how do we
think the internet should be regulated
we have guess what we're gonna have I
know but okay there's a there's like a
foundation under it and there's an
argument under it that we can I can at
least refer to you because I've opened
it
I'll slack it to you guys you but it's
here right and in so it I can
there's like a summary over the top
right so that it says this is the fact
sheet
docket number 17 - 108 over 20 years ago
President Clinton Republican Congress
established the policy United States
observe the vibrant and competitive free
market that presently exists unfettered
by state new regulation federal state
regulation that's great that's a great
line and then it's you know goes on say
this declaratory ruling report in order
would return to the bipartisan consensus
on light touch regulation ending utility
style regulation the internet promote
future innovation and investment and
more investment in digital
infrastructure will create jobs increase
competition and lead to better faster
cheaper and an access for all Americans
especially those in rural and low-income
areas so that's right like that is pies
like moral argument and he's got all
this stuff he wants to do so the stuff
he wants to do he wants to restore the
classification of broadband internet
access service is an information service
which is it's a lot ok what's happening
I just I just breathe in just like just
it's just taking a couple of deep
breaths yeah he wants to reinstate the
private mobile service classification of
mobile Robin Internet access service
this is this one these two work together
in a particularly hilarious legal way so
I'm just I'm just gonna explain the
information service thing so right now
the internet under net neutrality is
classifies a telecommunications service
via the definition of that is a
telecommunications service provides
point-to-point connections without any
additional layers over the top an
information service which is what the
courts and the FCC called the internet
before is like you get additional things
so like think about America online in
the 90s you would dial into America
online it would present you an interface
that interface would have lots of bits
and pieces like an email client and
forums and like a well shopping or
whatever and then you could like take a
right turn out an interface on to the
main Internet that's an information
service does that have anything to do
with the common carrier does
so if as an information service its
title one which is not a common carrier
is in telecommunication service its
title 2 which makes it a common carrier
so they're saying America Online under
that definition in like in that way of
AOL where you would dial into an AOL
server and then it would like mediate
everything and present you with
applications and whatever is an
information service and what I have
always thought it was broadband which is
I have a cable modem I plug my Wi-Fi
router into it and I choose a web
browser that has been classified as a
telecommunication service for the past
two years pi is not classifying that is
an information service and his argument
for that is like legal argument for that
is based on the fact that Internet
service providers this is true this is
his argument they provide DNS servers in
caching equipment and that is equivalent
to AOL's like AOL chat in like user
groups in a little shopping like I'm not
kidding that that's his art yeah but if
those things are information services
that mediate your your internet
experience and it you know you also get
you might get an email client from your
broadband provider or you might get like
custom web browser or any of the other
garbage that you don't actually want and
because of that it's information service
this is literally his argument in this
document I mean if I wanted if I wanted
to actually start an information like a
more modern equivalent not AOL might be
what like the Bloomberg terminal like
that to me sounds like an information
service you're free to do whatever the
hell you want on the information service
so I'm gonna pay you to get access to
the news that you provide in a terminal
I will just do it everything to be fine
but nobody does that on the Internet and
so the this idea that was DNS and
caching houses the information service
it's like no no it doesn't right like I
I'm trying to I'm trying to approach the
argument on like his his terms if he's
setting the rules of the of the debate
and the rules are that counts as a you
know bespoke I am directly giving you a
thing information service and not
selling
in service I don't know like that's like
they that seems odd to me that seems
like it seems like a fig leaf it seems
like not true at all but right if we are
going to accept the argument on his
terms
right at least I mean I think this is a
caching server is equivalent to AOL
online or copy serve or the Bloomberg
terminal or whatever so 100% the
argument and so like when I say like
there's a document here that we can
refer to the argument you just made is
referred to in the document right I mean
this was an argument that happened there
was a court case called Brand X and
Brand X argued that it was information
service and the FCC said it wasn't Brand
X 1 oh that's fine um but the the point
here is paragraph 29 we begin by
evaluating the information service
definition and conclude that it
encompasses broadband internet access
service of course you do
yeah but the Commission has looked to
dictionary definitions and found the
term capability to be broad and
expansive including the potential
ability and the capacity to be used
treated and develop purpose to a surface
because literally well they pulled high
school freshmen like term paper out
of this thing added up at the dictionary
sure did because broadband internet
access service necessarily has the
capacity or potential ability to be used
to engage in the access and activities
within the information service
definition which are generating
acquiring storing transforming
processing retrieving utilizing or
making available information via
telecommunications we conclude it is
best understood to have those
capabilities so this is about as wacky
of a legal argument as it gets right
they have this word they can define the
word as they're saying is expansively as
they want it has nothing to do with your
experience using the Internet
they've just defined it as can you
generate a choir store or transform
process retrieve utilize or make
available information via
telecommunications well that's an
information service
so we'll just stick broadband internet
under that and the the you know they go
on to say the record reflects the
fundamental purposes of broadband
internet access service are for
generating and making available
information for example through social
media and file-sharing which is not what
you do with what you get from your
service provider but that's what they're
saying you do so that's the first piece
it's the it is the foundation upon which
this entire argument with the internet a
telecommunication service broadband
internet access from your provider is it
a telecommunication service or an
information service and all the stuff
that we will talk about competition and
whether you have one provider to all of
that comes down to what do we do once we
how do we define it once we know what
competition is like right does it make
any sense yeah sure
what one of his one of pies points is
that this is how broadband providers
were originally classified so 2015 was
the anomaly to move it to
telecommunications and we're just
reverting back to what the internet
always was so that is that that yeah
he's argument but it is not I don't
think it's backed up because for the
longest time the way people got on the
Internet
was with dial-up modems and so you have
to do the mental exercise of separating
out the phone line which was always a
title to common carrier service so your
your phone company could not restrict or
throttle whatever was happening on your
phone line and then there you had ISPs
and when so here in would really my
parents house was the first place I ever
got on the Internet
our phone company at that time was
called a mayor tech you might guess that
is now it's all things inevitably are
but our phone company at time was called
a mayor tech I had there was like
fifteen different little ISPs and we're
seeing Wisconsin right I actually worked
at one of them it was called Cornett I
was like in middle school and my job was
to go and reset this
Supra VDOT 92 modems everyday because
they would all crash so I walk into a
room and like reset 200 modems that was
one competitor you could get internet
access by calling a Merritt X Bank of
modems you could call a OLS Bank of
modems you could call Prodigy's Bank of
modems and Ameritech running as a line
couldn't stop you right
they couldn't say you can only call a
mayor tech to get internet access so
that allowed competition to flourish
because Ameritech which controlled the
title to phone line wasn't allowed to
tell you who you could call simple so
there was like this huge range of IP
providers the SP providers at that time
the inter was new they're running
dial-up modem they were doing all kinds
of stuff to make the internet work
better than a neighbor competing and the
FCC was like we're gonna leave that
alone because fundamentally its title 2
on the phone line does that make any
sense Paul so like there's an argument
to be had about when the Information
Service classification showed up and the
the opt the opposition to PI would say
it showed up with the Brand X case when
the when a court made a firm ative
decision that the internet was title 1
mm-hm
right so well there there's this weird
period where like you know net
neutrality proponents say we got it
wrong right and so then we fixed it
because the early part of the internet
that everyone talks about where it was
like this explosion of providers and
service and there was like free internet
providers should you ads and bla bla bla
bla the backbone of that was title 2
phone lines and so now I think you can
get to a place where you say ok well the
backbone because I didn't have a lot of
phone company providers the backbone of
that is now broadband providers because
I only have one broadband provider in
this house in Wisconsin and I should be
able to go to all these other competing
services but you can't do that like
that's the thing is when if when you had
a bunch of different ISPs all going to
the phone line you could pick one and we
don't have that now and so we have to
you know the the provider and the
service provider are collapsed the same
thing the broadband provider it's like
look at cell service in like the UK
you can take for a bunch of different
providers but they'll kind of use the
same backhaul as my understanding it's
all like you can switch right oh if you
want to go down that rabbit hole so in
many well I've been ready to talk about
this for two days so they like many
European countries the UK is one I think
the Netherlands is another they have
what's called local loop unbundling
which is super boring but they there's
one set of fibre to everybody's home yep
and anybody can lease that fibre and
start an Internet company because
there's tons of capacity so people in
the UK can generally pick between like
45 broadband providers in some countries
in Europe there's no there's not like a
lot of you know the EU has net
neutrality rules for the countries
themselves allow different things to
happen because you have so many
providers to choose from that you can
switch you that's where the competition
piece of this comes in so there's a ton
of like you have earth links and aol's
you have all the the ISPs like you had
in the dial-up days but you have a
government granted monopoly or
government-owned infrastructure yeah so
like BT generally owns the fibre I'm not
like completely up-to-date on how it
works in in the UK but I thought we were
agreed that like the Ma Bell era where
18 he had illegal government-granted
monopoly on telecommunications
infrastructure was like a bad phase and
we're glad we're over it so yeah so
we've arrived in a place where we still
have government-granted monopolies right
we the I think that the local loop
unbundling piece that a lot of European
countries do is a recognition of the
fact that digging a hole in the ground
is hard right and you should probably
only dig a hole and put an infinite
capacity fibre line down once right
so yes the the United States has
philosophically chosen what they call
facilities based competition I mean this
is like just nerdery and it's what
explain facilities competition I have a
God okay so the best example of this is
3G standards which is if you remember
them
the UK used UMTS they use GSM for 3G and
the United States Verizon used CDMA a
spring whose ladies
it WiMAX and that was that was for
yeah it's also CDMA but then yeah so we
decided that we would we would allow all
these providers to do with it to
basically not have standards right we're
gonna allow different kinds of
competition and some cases that work so
the one competition that you could have
back then was a mayor tech grant copper
wire to your house to get phone service
MCI was doing a microwave transition
transmission so yeah I don't remember
what MCI stands for completely but it
used to be like microwave communications
infrastructure whatever and that was
Sprint used to do a thing and you know
they had HD voice so like the idea was
the physical infrastructure would be
competitive and provide a different kind
of end-user service to you and so the
United States is like built on that
model the Europeans generally have said
what if we had a giant government like a
meta government and like we pick
standards for competitors so like this
is why in Europe you can buy any phone
you want put any SIM card and you want
everybody uses GSM you have like
different kinds of competition but
there's not there's not WiMAX vs LTE or
whatever everyone has to use LTE so like
we gotta get out we got to get out of
these weeds but it's these are the weeds
so this is what I mean like these are
the deep deep weeds in the the deepest
weed of this is that a G PI is saying
because your internet service provider
when you access the internet through
your broadband modem provides DNS and
caching it is providing an information
service and if it if it supplies
anything else to you if it applies a
comcast.net email service it is sure
definitely not intelligence maybe we can
move to an adjacent weed with this the
one thing that has been kind of a big
controversy in this whole debate and I'm
not really sure where we're at with it
is is peering like hey
peirong so something like an isp like
Time Warner Cable is that still company
I don't even know it's not it's called
spectrum now spectrum suspect Herman can
say Netflix hey you can host your movies
in our day and I our data center you
know and you can just link right into
our customers you don't have to go over
you know regular pipes to get to our
customers you can just get straight to
them and just pay pay some money right
so that is again I think where I keep
coming back to is the consumer
experience right that's basically what
we cover it's basically who we talked to
hopefully that's who's in the chat right
the consumer experience of the Internet
is that you have one provider or two
potentially that take like 86 percent of
Americans only have two providers and
you get what you get and it's really
hard to switch away then there's the
backhaul portion of the Internet where
Netflix is like making deals for data
centers were like network companies like
level three are making deals with other
network companies like Comcast to like
trade traffic back and forth that
originally was not what you're talking
about paid peering was originally not in
like the net neutrality order it was all
about the consumer line yeah the FCC put
it part of it in a net neutrality order
and that was a big win for Netflix but
it's not I don't think that's what
people are mad about I don't think
people give a about paid peering
Arrangements on the backhaul part of the
network
I think they care about the fact that
they don't have many choices for
internet access and if there is P does
something stupid they have very little
recourse and the recourse most people
would want is not to file a lawsuit
which is what Piatt Singh can do but res
which providers to somebody else let me
let me back up just a minute so like we
can talk about the peering stuff we
could talk about whether or not DNS and
caching counts has an information
service but like I don't I hear these
legalistic arguments and I don't feel
like they're being made in good faith
like do you really think that like I do
PI and his fellow FCC commissioners are
sit
and you know you know getting high and
talking about the philosophy of what's
the difference between this and that or
is it what I actually think is happening
is he wants to do this thing and he's
finding you know a legal reason to do
the thing that he wants to do but yeah
what happened in the first place
No Shh so hang on let me let me that's
that's possibly true but this is the
thing I was tweeting about the other day
why does he want to do the thing is the
the question like that the philosophical
argument that I think like we've had
before Paul said we want to try and
avoid I don't think we can is whatever
like we just decide we want to do to
like run the internet the best way
possible
we're gonna find a legal fiction to make
that possible right we're gonna like you
know look up a definition of the
dictionary find a word in the definition
to make it fine but why is pulling these
regulations away the thing that is so
important for him to do and like III
genuinely truly want here like the
freshmen dorm room explanation of why
the regulations actually hurt innovation
because the explanations I've heard
regulation bad like okay it actually
hampers investment and innovation I kind
of don't believe that and I don't think
there's good evidence for that I feel
like there's another reason and I don't
want to go full you know anti corporate
conspiracy and say it's just about
Verizon's profits but I feel like that
might be on the table but there's got to
be another reason I'm not thinking of
because I'm dumb to justify this thing
and then I later on towards the end of
this we need to talk about the
definition of arbitrary-capricious but
let's let's get looks like yeah step out
and be like why just why shop ha I'm
sure you have an answer but I'll give it
a very simple one um I can't look into a
gpi's heart hmm I can't I mean you could
you could get yourself a chest saw
what so someone's been in Arkansas too
long I can't look in the man's heart but
what he says is that the net neutrality
rules are passed we're all investment in
broadband infrastructure is down and so
if you if you take the rules away and
the rules are costly or whatever the
investment will go back up and what you
want is more investment in broadband
infrastructure because everyone was
infrastructure investment right that's
his argument now okay there's a lot of
argument about whether his numbers are
right just a lot of argument and one of
the main things to argue with is 18 T is
so huge they they tip the scale so 18 T
finished its LTE rollout it finished a
huge network investment it bought
DirecTV for one period of time it it it
paused investment on its network and so
over the period that PI is claiming 18 T
alone is enough to say over the year ago
period broadband investment has fallen
200 million dollars but that's just 18 T
every other company is out there saying
we're gonna keep investing in our
network so you can look at the title you
can slice it you can have all kinds of
fights but that's like the main argument
over his metric Paul you have another
answer yes Wall Street Journal PC said
that growth it slowed it wasn't it's not
like net down but it's what cement down
if you count ATT and the reason you you
can't eat right it's it's net down if 18
T is allowed to say we bought DirecTV
and hit and hit cause an infrastructure
invest so here's my freshman dorm I
didn't go to college so are just
freshman dorm conversations um if you
think of what the FCC was like
originally it's like the US government
is going to own the airwaves and lease
them to companies the airwaves are going
to be private a public good and
therefore no company will be allowed to
own them yeah I would I would say that
like the font the fundamental like
debate that
with that that start the start of this
explanation is whether or not the US
government is an effective proxy for the
people like the people in the airways
the US government regulate manages them
for the people well the but the the
people don't own Google the people don't
own Twitter's correct that's correct so
so so you have the airwaves but this the
FCC making all the pipes dug underground
a public good is is in a sense almost
like asset seizure it's the government
saying that because this is so important
to people and obviously the Internet is
very important for people and it is a
good for people it now needs to be a
public good so that we can make rules
for it right and uh this is a very
baseline life liberty property kind of
thing I think that is the government
overstepping its role and I think it's
the FCC overstepping the role that was
was assigned to it by Congress and you
know a jatai a lot was always talking
about the FEC or sorry the FTC like they
can manage this if there's an
anti-competitive practice of one of
these companies we have agencies for
that to solve that but we shouldn't
protect Internet companies from monopoly
status and then make a bunch of rules
that actually manage how they're allowed
to implement their property right so
Paul real quick it sounds like the the
end of that argument is you don't think
that back in the day the FCC should have
even like regulated had title 2 in the
first place like it should not have
regulated telephone lines and you know
kept you know ATT from like you know
blocking me from calling you and
changing prices and like the kind of
stuff that they won't have to stop doing
I don't think the government should be
in the role of protecting monopolies
like if you when monopolies really hurt
consumers it's when the government is
propping them up and I think that's what
in say TT and even like with with the
train the whole common carrier concept
for trains it was just very
unimaginative it didn't imagine a world
where maybe trucks would also deliver
goods and trains would almost be you
know a bit of an afterthought right I
think the philosophical debate you're
having there is how much does the
government assume the future will be
better if the market is left to operate
right and you have to like digging a
hole in the ground is difficult like
it's just a hard thing to do yeah
easiest way to dig a hole in the ground
is to to connects everybody is to do it
on public streets so the government does
on the streets yeah say okay you have
access along this street to dig a hole
and the main thing they did Paul and I
agree with you this is this is the heart
of the problem is they granted
monopolies to some companies to put
pipes in the streets right so in
Philadelphia Comcast sued the government
for providing public Wi-Fi and killed
public Wi-Fi because they didn't want
competition with Comcast right and the
governments were like let that happen
and let it die but the ability for a
competitor to come in and put another
private pipe in the ground is restricted
just by reality that's an enormous ly
costly thing to do it's restricted by
throughout the country all of these
restrictive agreements that local
governments have entered into with
private enterprise for short short term
capital so yeah you're a little in I
have a house in upstate New York like
mid-hudson cable in upstate New York
like has the deal with the county
government to provide interacts s there
there is just not enough like market
saturation up there for another
competitor to come in it's just never
going to happen
and like you can tell me 5g wireless
will come in one day but like I can't
get a 3G signal so like the the ability
for in some of these places for that
competition to happen is very low and I
think you know just decide how either
pragmatic you are or how I be realistic
you are when it comes to is is are these
pipes in the ground part of a public
infrastructure that we all rely on or
they absolutely private property that we
can't touch and the phone company
example the reason 18th he was granted
that monopoly is because the government
decided the better outcome was for
everyone in America to have a phone
connection the the other thing I'll
point out that with the Train common
carrier thing it's like you're not wrong
they're like yes the government is bad
at forecasting future disruptive
innovations however it's a very
complicated story because with trains in
particular they got out animated by
trucks you'd say but like that was only
possible because the government built
the National it's always like this this
interplay between like what the
government as essentially the voice of
the people is doing to try and like
create the great greatest public good
and balance that against personal
freedom and like like you know the
invisible hand of the capitalism is
always more complicated than it seems
strictly in principle because the things
that cause that disruptive innovation
are often also the result of government
action one might suggest that the
Internet itself is the result of you
know DARPA and ARPANET and ARPANET which
was government funded so like it's
always more complicated weak like the
the reason that like I don't find the
regulation bad argument compelling is I
feel like it doesn't address the
realities of like what the actual market
is doing well I think it just comes down
to common sense and I want to switch to
one thing but Paul I think it comes down
to we have these laws in the book
the FCC is not writing laws it's
deciding which of these two regulatory
schemes we should use for the internet
you know Congress could write a law if
you believe this Congress can do
anything but Congress could write a law
it has two schemes in 2015 it picked one
scheme two broad public acclaim all
right the FCC is supposed to work in the
public interest a lot of people
supported that scheme only big Internet
companies didn't support that scheme
right so only Verizon and AT&T we're
making the argument that they shouldn't
be regulated and they're out there you
know prompt comcast is like
oops like tweeting crazy things today
like will never block anything we don't
these rules don't worry we're gonna
follow them anyway because we love you
like fine right so the best they all
know and Terry I saw on that by the way
was Comcast also promises to be at your
house between 1:00 and 5:00 like right
like so that the the Internet companies
know what the public wants right there's
just no market force if Comcast decides
to break all of its promises it's very
hard for a lot of people to leave
Comcast by the way disclosure Comcast
through its NBC unit owns a minority
stake in Vox media which owns the verge
there's your disclosure yeah so that's
like Paul I think that's the problem you
can have competition this is Craig Aaron
from Free Press told me this in 2014
it's a quote in a piece I wrote you can
have competition or you can have
regulation Comcast is trying to have
neither right so it it does a lot of
lobbying work to make sure it's the
exclusive internet provider in the
markets it's in and it's doing a lot of
lobbying work to say we shouldn't be
regulated you can't have enough you
gotta have absolutely dislike the the
lobbying against competition and that's
one of the reasons why it terrifies me
that the FCC has this much power because
let's say the roles were reversed right
let's say the status quo was the 2015
internet like that the internet had been
classified under title 2 this whole time
and then 2015 comes along or let's say
2017 right now you've got a president
who was you know elected but didn't win
the popular vote he nominates one person
who is already on this Commission to be
the leader of this commission and now
the whole internet changes and that's
why they I understand that the Congress
makes a law and then you get a
regulatory agency to sort of enact that
role that the Congress created for it
but this is basically one person being
the deciding vote of what billion dollar
companies and billions of dollars worth
of infrastructure how that's actually
used like if somebody if somebody showed
up
some regulatory agency and said you need
to like go home and deflate all your
footballs and basketballs for some
reasons law and then there's an agency
and then there's this guy who drinks
coffee out of a Reese's mug thinks I
should deflate all but it's like I own
those I can decide how I want I can make
those laws all day long Paul I can tell
you how fast to drive your car I can
tell you if you want to I'm in Wisconsin
so that's like I've seen a lot of these
folks grant if you want to go hunting
you gotta wear blaze orange right like
if you build a house it's got to be up
to these codes like we make those rules
all of the time literally all of the
time it's illegal for you to show up in
my house and punch me in the face like
that's your body like I can't tell you
what to do with your body is again I can
absolutely tell I can tell you not to
put drugs near body like there are all
kinds of rules we make and I think this
is where you're either super
philosophical and idealistic or you're
just pragmatic about reality and I think
where I come down is there's not enough
competition to be that philosophical and
idealistic right if there was more
competition I would be absolutely fine
saying and I think this is true and
mobile right in mobile you have at least
four competitors and t-mobile is a
disruptive competitor and a teen teen
Verizon are having to react to it I
think there should be more competitors I
think that would be even better but you
can at least see how that market is
working people are switching to t-mobile
they're doing binge on t-mobile CEO is
like making videos he's like middle
fingers in the air he's throwing bombs
eighteen teen Verizon are now doing
things that look a lot like t-mobile
and what's really interesting about that
cycle is they're all starting to do
unlimited plans because they'll have to
layer on more and more services so
t-mobile started with free music
streaming and then 18t started doing for
music streaming so then t-mobile started
doing free video streaming and now
they're all just doing unlimited plans
right and it's like when the market
speaks when people actually have a free
market choice the thing that they want
looks an awful lot like net neutrality
right when they don't have a market
choice the thing they want is regulation
that gets them net neutrality so either
way what people are saying is don't
monkey with my internet
connection and they'd have what they
need is recourse if you start monkeying
with their connection but the recourse
is one person appointed by a president
who's elected every four years sure but
like well that is absent recourse is the
same no but Paul's making a really good
point that the whiplash of the rules
around how the internet gets served to
humans in America changing every time
there's a new administration there's a
new group of people and the FCC it goes
from three to two to two to three is
crazy making and yes but like a great it
would be great if Congress would make a
law you know I my personal politics I
think that if this Congress could
actually pull that off I don't know if I
would like that law but the Leeson we
would have less whiplash we can argue
local law let me finish let me finish
this isn't I'm gonna i'm putting the
ball on the tee for you new i me write
hate the team i've walk it over to the
tea with the baseball you've got the big
giant plastic bat it's a wiffle ball
you're gonna hit it it will go very far
is it one of the rules around the way
the FCC is supposed to work that we're
not supposed to have this whiplash that
they have to have good legal
justifications that it can't be I think
this phrase is arbitrary and capricious
right okay thanks for the ball on the
tee wow it is a slightly different
volunteer than I thought was coming I
think I'm playing hockey it's very
confusing so weight hurt just to Paul's
point is in the narrow point which is we
had an election in out everything's
different
yes it actually doesn't matter how that
the mechanics of that don't matter so
like we had an election we elected Obama
there's Obamacare we had an election we
left did Trump and they're furiously
trying to undo Obamacare that happens
all the time
like you can't stop it the end point of
that is we should have a king okay the
king well no I'll never change it I vote
for a queen actually finish this thought
so the JISC on that like so they do
along repeted to check on that
which is what you want which is you
can't elect somebody new have them
appoint some new people in regulatory
agencies who weren't actually elected is
what dieter is saying which is the FCC
has to like provide stability to the
market they understand that it needs the
market needs ability and they are not
allowed to change their mind an
arbitrary and capricious way that's in
the administrative law of our country so
pi has to make a case that since the
time of net neutrality passing 2015
something has changed so much that
provides some a reason to undo it right
and his argument is that broadband
investment has slowed that's his
argument so we pass net neutrality if
broadband investment had like everything
was going great then he wouldn't be
allowed to change it there'd be a
lawsuit and they would sue and the court
would say this is just an arbitrary
change you're not elected you can't do
that he's saying well broadband
investment has slowed that law was
obviously bad that regulatory
interpretation was obviously bad so I'm
changing it it's not arbitrary and
that's where the fight is going to be so
the information service thing the
broadband the broadband investment thing
all that stuff is what people are going
to fight about so like also I think the
court just based on what I'm seeing
today I think would be foolish for a
future court so I know free press is
gonna sue the FCC the ACLU is gonna sue
the FCC the e FF is gonna city the FCC
they're he's gonna take this vote on the
14th and he will immediately face a
lawsuit that says this is arbitrary and
capricious and you can't do it right and
that somebody in our chat right now is
the FCC doesn't answer any wanted to be
on the peoples reach no it's not you can
just file a lawsuit and I think pi is
walking into a lawsuit that says his
decision is arbitrary and capricious and
so he just the FF has a Twitter thread
here that I'm looking at yeah well
actually before just like the thing you
didn't say in that rant is that we just
we just know that this is gonna pass
that the FCC is going to vote to undo
net neutrality rules and convert it to
title one like it's it's three to two
you can call your Congressman to put
pressure on the FCC check people on the
board you can call to PI you can call
whomever
we know this thing is gonna pass right
it's gonna happen yeah and then the
lawsuit starts in the lawsuit sites oh
okay
and this is like are you enough of a
single-issue voter to vote democratic or
republican based on broadband regulation
it's yes correct but it happens ask our
/ the donald cuz at that sighting place
right now right so yeah the the donald
trump subreddit on reddit is like torn
asunder right because that wouldn't
exist but for net neutrality if your isp
could have slowed down reddit in the
early days or they could have looked at
the Donald Trump phenomenon and Russian
interference and decided to start
blocking certain kinds of content you
wouldn't really be able to stop them and
you wouldn't really be able to switch
right read it it existed before 2015
right but the arguing people lobbied for
net neutrality before 2015 and the
run-up to the FCC's decision right
because the Brand X decision was bad is
like a piece of this in the background
and people really wanted net neutrality
because they started switching in huge
numbers from dial-up internet to
broadband internet and realizing they
had no competition
they were pretty far down that road by
2015 and Comcast wasn't blocking read it
because read it did a black guy I think
your your your your being over these are
the optimistic about broadband
penetration the United States were sold
to me like going into 2015 like you
don't want to get like a ten dollar bill
because you decided to use Twitter that
month or something like that or you
don't want to pay extra for Netflix or
you'll have a slow lane or something
like that and I am arguing that
broadband company should have the right
to do any of that stuff but I really
don't most companies don't do something
that their customers will absolutely
hate we we end up disliking a lot about
what companies do but but you can
definitely push it too far I mean I
would just again there's like philosophy
and there's realism and there's like the
the reality is Comcast as most-hated
company in America do you things our
customers hate all day long mm-hmm right
18 t is like they're around people don't
love them they have an enormous number
of customers they clearly realize that
there's a line that they're gonna push
asked that there's in Comcast just
passed that line all of the time Comcast
blocked BitTorrent there's another
company called Madison River systems
that blocked vonage Comcast prioritizes
its own TV service to various devices
like ATT wants to buy Time Warner the
main thing a teen teen wants to do with
Time Warner content is give it to you
for free versus you know non Time Warner
content like this is the future right
it's it's coming at us and they want to
do these things that people don't want
them to do and what people want as a
rule preventing them from doing those
things or you could start all over and
build more competition but the world in
which you know the so Comcast bought NBC
right they signed a consent decree
saying they would basically abide by net
neutrality until next year next year
that consent decree goes away there's no
net neutrality and suddenly NBC
programming Universal movies will come
to you for free over to Comcast lines
and everyone else will hit the cap so
the minions will be free and I don't
know mallanna won't be right like that's
not an outcome that people want and we
all know just the phrase the minion
totally free is a contradiction in terms
because by definition by the dictionary
definition their minions they're not
supposed to be free I'm not saying
everybody gets everything they want no
matter what the rules are sometimes you
just might find ya but Paul you don't
have a choice right what you need is
these companies can do things you hate
and they do them all the time because
you can't leave right another thing the
philosophy question here is Paul doesn't
believe these companies are gonna do bad
things but maybe they will but who knows
but should we make a law preventing a
company from doing a bad thing before
they've done the bad thing okay so this
is this goes to the other thing that PI
brings up and then Paul had been talking
which is maybe the FCC doesn't need this
power because the FTC the Federal Trade
Commission or the Consumer Protection
Agency will be able to do this stuff
either so I'm just gonna read more from
PI's document because I think it's
important to keep referring to his
actual argument so he says most of the
examples of net neutrality violations
discussed in the net neutrality order
could have been investigated as
antitrust violations which is where the
DOJ or the FTC comes in Madison River
communication blocked access to voice
over IP to foreclose competition with
its telephone business and antitrust
case could have focused on whether the
company was engaged in anti-competitive
forclosure whether one regards Comcast's
behavior towards BitTorrent as blocking
or throttling it could have been pursued
as an antitrust or consumer protection
case the FCC notice of BitTorrent
service allowed users to view a video
that they might otherwise have had to
purchase through comcast video on-demand
service a claim that would've been
considered anti competitor
anti-competitive Comcast also failed to
disclose its network management practice
and initially deny that it was engaged
in throttling potentially unfair
deceptive acts or practices so he's
saying okay Comcast is throttling
BitTorrent if we discover it and they
haven't disclosed it someone can sue
them very unclear who if you that if the
DOJ wants to make the case that
throttling bittorrent unreasonably
preferences Comcast like video on-demand
service they can bring a lawsuit too so
instead of a rule what you have is the
hope of more lawsuits and to be clear
the one thing that this new this removal
of net neutrality is leaving in place is
the rule for transparency about actions
sure yes that probably would like the
the companies to say what they're going
to do now how much transparency in the
form of that transparency is not it's
not mandated right because how can you
possibly tell a private company what to
do ever except be transparent sue so if
they could bury it in a small print and
this is the important an important
loophole they don't have to be
transparent about anything they define
is a reasonable network management
practices so if throttling a bunch of
Netflix at 8:00 p.m. is a reasonable
network management practice because I
using Netflix they want to preserve some
service or some bandwidth for Hulu they
don't have to tell you that you have to
discover it then you have to sue them to
say this isn't a regional network
management practice and then you have to
further win a lawsuit saying this is
anti-competitive so like that's a lot of
lawsuits so what you had was a rule and
now PI is saying where we can just have
a bunch of lawsuits that get us back to
the rules which seems like if what
you're worried about is costs you have
just created the opportunity for legal
costs to skyrocket well I so here's a
straw man's situation for them for the
reduced investment right I'm Verizon I
want to do this kind of crazy thing I'm
not sure if the FCC will allow me to do
it under the 2015 rules so I do it and
then the FCC says no I can't and then I
need to argue in court that the FCC was
wrong to ever even have these rules or
outside of these 2015 rules I do it and
then the the FTC says that's
anti-competitive and then I can argue
whether or not it's anti-competitive I
don't have to argue that the FCC has
overstepped its bow to argue against the
entire existence of a government agency
I just needed to decide what helped or
argue in front of the court whether or
not what I've done is anti-competitive
and there's a lot more literature in
legal like my lawyers before I do that
that potentially anti-competitive thing
my lawyers can look at this great body
of legal argument about what ends up
qualifying as anti-competitive we're
with the FCC I'm not quite sure what
what they're going to decide and it's up
to them I don't really track I think
there's a body of law for everything I
think the country is very old well it's
not that old but the country is like you
know up 100 years old there's literally
every word in entice document here
there's
body of law undergirding every single
work right that's how precedent works
there's like branching precedent and
your lawyers do lawyer stuff I think
what you're asking is like are we making
are we making rules where you have to
fight against the rules
or are we making rules where you're free
to do something and somebody else can
come in and fight to enforce the rules
right or right is is the burden on the
company or is the burden on the consumer
that might be harmed I generally think
the burden is on the company and I think
only for this reason the the the best
way for a consumer to address a harm is
to stop paying you right that's what we
want
but Paul I think you and I are actually
far more aligned I think the basic
free-market principle there than anybody
would suspect like if you if I don't
like what I'm getting if I don't like
the value I'm getting from you when I
pay you for a service I should just take
my money away you'll you'll react to
that yeah the problem is that 51% of
Americans have nowhere else to spend
that money so they're stuck so you now
have this like incredible leverage as an
internet service provider to do anything
that you want and there's there's no
immediate redress for me I have to spend
more money to pay a lawyer to address
your behavior so if we pass that cost
back to that that set of internet
service routers and say here are the
rules like this relationship is not
equal the rules are you can't do X Y & Z
because the people have spoken and
through some complicated set of
government processes you've created
rules I think that's fine right that's
that's the difference I keeps coming
back to between idealism in like
pragmatism like that's fine if there
were like 500 competitors okay I'm just
gonna take my money away look at there
there's two slightly different things
here then there is what FCC rules will
lead to the most investment and what FCC
rules will lead to a a certain minimum
of Internet service and and I would
argue that the new
no net neutrality rules are designed to
lead to the most investment which will
hopefully foster space Internet and
Project loon or whatever but I'm
actually not competition right so right
but if you have enough money to do space
internet right like the the marginal
cost of your lawyer applying for the
waiver to the rules so you can build a
new technology is like pretty low like
it's not gonna stop you you're not like
oh my god I've got a bill a lawyer ten
thousand dollars like well you need them
you need the money from what exists
right now to fund your space Internet
sure but I'm saying that the percentage
cost of the leak it's like if you have
the ability to put rockets into space
you probably have the ability to pay for
a lawyer because you can't do that
without lawyers to begin with so like
there you are but like well I you and I
are talking in hypotheticals I'm just
gonna read this
it's from the e FF so it's obviously a
biased list but here's their list more
than a thousand small businesses
investors and technology startups in all
50 states
have publicly opposed to grow back from
that neutrality more than 900 online
video 900 online video creators who
produce content for more than 200
million viewers oppose the FCC plan 52
social justice civil rights and human
rights organizations have filed
supporter of net neutrality dozens of
ISPs across the country have told the
FCC to leave the rules in place 120,000
libraries in total across United States
want net neutrality
privacy organizations want it state
attorneys general from Illinois
California Connecticut Hawaii Iowa Maine
Maryland Massachusetts Mississippi
Oregon Vermont Washington and DC support
retaining that in Charlie rules 60
mayors the National Association of
Realtors and then there's like a lot of
argument about the comments but it's
like millions of comments and support so
you do have this extreme amount of
public support for these rules and at
some point you just have to deal with it
I don't think you can just say
you will have more innovation if we let
companies do whatever they want people
people have deep relationships with
their internet service providers they
understand the parameters of that
relationship and they think that those
relationships are unfair and they want
some rules in place I think however you
feel about government you have to
respect that in some way and I think pie
is aggressively ignoring it in fact we
know he's aggressive ignore his his like
Lisa's Wall Street Journal piece it
seems like what he mostly paid attention
to was small providers who claimed that
it was burdensome on them and and you
know the numbers about investment I feel
like there was one other thing that he
pointed out those raise two things for
sure any he brought up in the again the
openness talk to me he brings up rural
and rural broadband access um so that's
interesting right it's interesting
because what small broadband providers
care about is not having to do a lot of
like record-keeping to say I are
accountants and bookkeepers and whatever
that's a cost and if you're like a
two-person ISP that's a big cost but he
waived those requirements so the
original order and 2015 waived those
requirements for like some number of
subscribers and then PI came into office
and waived them for an even huger number
of subscribers so most of all ISPs with
like two hundred thousand people two
hundred thousand customers they don't
have those costs anyway and Jake a
Stratus actually talk we have a great
story on the verge he talked to a
father-daughter ISP in Colorado they
were like we completely support title
two like this is fine for us don't worry
about it so there's again there's a lot
to litigate there he's not pi is not the
only person speaking for small ISPs the
eyes peas are fully capable seeking for
themselves and a huge number of them are
saying they want title two and then on
the investment piece this is I think
where the arbitrary and capricious where
the argument is going to be made whether
or not this is arbitrary and capricious
Ars Technica has an amazing series of
articles about this in public the
broadband companies Verizon AT&T Comcast
whatever all claim title to
killing us and then on their own
earnings calls they say to investors
title two isn't a problem our
investments going up we're gonna be the
best and win everything so there's a
staggering disconnect between what is
saying and what these companies are
saying to their own investors and they
they you they're not Oh
I mean they're not allowed to lie to
their investment on earnings call it's
like those are they have if I do share a
duty to those people to tell the truth
and they could get sued a lot if they're
lying
so one presumes that they are telling
the truth on those calls versus what
they're saying in public so that's like
that's the whole argument right like
whether or not you believe broadband
investment has fallen because of net
neutrality whether or not you believe
the internet is an information service
we're just like broadband internet says
oh but can I can I just say that the I
said this at the very top of the podcast
but he's also wants to switch wireless
from being a commercial radio service to
a private mobile service and a
commercial radio service is anything
that connects to a common carrier
service basically yeah so like if you
say the Internet is so like think about
telephones so your copper landline
telephones our common carrier cell phone
voice calls over cell phones connect to
that Network by definition it's a
commercial radio service think we
regulated this way so they switched the
broadband internet service to title 2
and they said LTE is now a commercial
radio service because it connects to a
common carrier so we can regulate it
this way then they now that now PI wants
to switch probably an inter access from
sorry I think this is hilarious mobile
broadband no he wants to switch he wants
to switch broadband internet access the
internet from telecommunications to
information service right so you guys
and then he's allowed to say oh well
this LTE network doesn't connect to a
private mobile service they could do
whatever they want it's like it's a
shell game
I mean it's and I say that in like a
kind way but it's a shell game because
that's what lawyers do right they like
line up all the definitions and they
push the Domino over and they're like
see I was right
and that's a hundred percent what he's
doing but fundamentally the question is
do you have the market power you
yourself to take your money away if your
eyes fee doesn't does something you
don't like and just most Americans don't
that's the answer and so most Americans
are saying I'd prefer the government to
mediate this relationship okay okay so
like what's gonna happen
December 14th they're gonna have this
vote it's gonna pass a bunch of like
organizations are gonna sue the FCC when
do I have to pick my internet package
the super premium plus version with HBO
now Hulu Plus and Netflix what's amazing
about that with a bonus extra stuff for
like Reddit and Twitter so what's
amazing about this amazing is it the
Trump administration is such chaos they
can't even get it all right
right so the FCC is saying okay 18 T do
whatever you want get out there go crazy
in at the same time the Department of
Justice is saying hold up 18 T you are
not allowed to by Time Warner so I think
if it was different and the DOJ was
letting the Time Warner deal go through
you would see in short order the Time
Warner deal closed 18 he now owns HBO
and CNN whatever you would immediately
see eighteen T customers get free access
to those services and then you would
immediately see Comcast respond in next
year when it's consent decree expire
airs you would immediately see Comcast
start to prioritize NBC services on its
network and you'll immediately see
Verizon start to prioritize both
services from AOL and Yahoo and go 90
and you already are starting to see some
of that stuff right go 90 through a
complicated arrangement of payments
Verizon's go 90 unit pays Verizon for
sponsored data and Verizon customers get
it for free yeah that is actually just a
shell game that is stupid but wait
that's happening right now
it's happening right now how is that
possible because Verizon offers
sponsored data so if you're a startup
remember you can pay nobody uses it
but Verizon zone go 90 buys data from
Verizon and
gives it to his drawers and customers
for free that mean they take the current
regulations are toothless and aren't any
doing anything for anybody it means that
the Tom wheeler is FCC right before he
left did an analysis of these schemes
and it found that t-mobile scheme of
binge on of music freedom of whatever
was acceptable because it was not it was
not discriminatory
so like any music service could sign up
for it and you just get it for free and
there was no cost associated with it and
18t and Verizon schemes probably
violated net neutrality because they had
this price discriminatory element then
Tom wheeler like flip the table left the
building and no one did anything about
it yeah that's where he had gotten to
right he did this young investigation
about it not I interviewed him right
before he last and I asked him about it
he was pretty clear that that's what he
was gonna do yeah when t-mobile first
started its binge on stuff and I like
stood up in the room and asked her
ledger about neutrality and he got real
mad at me and then he started cursing
the verge and made fun of my title
actually which is really funny anyway
people were like why are you mad at
t-mobile for giving something to for
free to his customers that doesn't seem
like a problem for net neutrality and
it's because we knew that the end of
this story was Verizon having the legal
justification to offer you know oh go
ninety to its customers for free in and
ATT having a legal justification to give
CNN for free of a charge you more for
you know something that isn't on Time
Warner's networks right and Paul I think
that comes down to the the real at the
end of it the real problem here which is
you do not want to be in a place where
Comcast owns MSNBC and MSNBC streams to
your phone and Fox News cost you extra
money right you just don't want to be in
that place as much as I hate Fox News
you don't want to be in a place where
your broadband provider is now making
price differentiation based on points of
view that it holds that promotes that so
like there's a that that's why free
press which is a speech a free speech
organization is
like after this so horn right there
saying leave Ian Ayre alone this isn't
about startups or whatever this is about
core private regulation of speech so
like there's just layers and layers and
layers of this I just brought up the
fact that I interviewed Tom wheeler
I interviewed Tom wheeler the foreman
former chair of the FCC twice
I wasn't easy on him I interviewed
Michael Powell who runs NCTA
during the run-up to neutrality in 2014
and 15 he was the former chair of the
FCC he's a Republican he now runs the
largest cable company lobbying group
basically Comcast's lobbying group he
answered our questions with me
we've mean basically we've interviewed
Jessica Rosen or cell we've asked her
our questions like down the lot anemia
and Clybourn here's another FCC
Commissioner we've interviewed her and
asked her questions down the line we
have interviewed these people who are
public servants and asked hard questions
about their policies and they've given
their answers and like whatever we agree
with them or don't agree with them but
they're willing to take the questions pi
is not and I think that if I if I want
to come to one thing we've gone way over
here but if I want to come back to one
thing most clearly is it elected or not
these people are public servants and PI
is facing this huge backlash and he is
not being responsive to it in any way he
won't take hard questions in any forum
he won't come if you think we're his
opposition if you think on his
opposition he won't talk to me but he
won't talk to I've seen I've seen
probably a dozen people who host podcast
tweeted him over the past two days
saying hey we come out of podcast he's
not going to any of those he is just
doing this without doing the Associated
work of justifying his plan in the face
of hard questions and I think if
anything is the most dangerous piece of
this it's that though he's not answering
to the people through the channels that
we traditionally expect our politicians
to answer to the people and I think if
you would just start doing that like I
would actually calm down a whole lot
right if you would start saying if he
was so Steve Kovac who works for
Business Insider FCC announced its plan
Kovach gets on the press call and he
says hey you keep saying this thing i
broadband investment but according to
numbers I'm looking at
you're wrong like can you can you
justify the discrepancy which is a great
question to ask
right like well-thought-out question
from a good reporter they just said next
question and moved on
they just Watts used to answer his
question about it yeah he and I were
talking about it and a lot of other
people noticed it it's there at that
level right where the fundamental
question that they need to answer that
they will have to answer in front of the
court they're just not even
acknowledging they're just saying this
is the right thing to do and they're
moving on and I think that's the mess
like it whatever policies our policy
elections come in you know in four years
there'll be another one maybe maybe
it'll get even crazier in one direction
or maybe they'll swing all the way back
like that is the nature of elections but
once you take the office once you're
doing the job I think you have to be
responsible to the people then why is
stuff I'm not doing that stunned silence
from Paul really would get all the
podcast standing invite to come on the
show yeah we should we should have asked
our listeners to ask him to join just
send them is Lincoln on Twitter details
at a Janette IMC see a JIT Pai FCC
tweet at him yep I think if you notice
think today's weight have you been
listening this Paul and I have known
each other for a long time we obviously
disagree about this but we are also
friends like in I think if you've been
listening the show we are very nerdy we
are very willing to get into the weeds
of this argument with him this is a
great show for him to come on and make
these arguments it's not actually a
hostile space it's not an opposition
space if these don't don't don't don't
we know ffensive crap at him I've seen
like like I made a joke about the ratio
and his happy Thanksgiving tweet and I
was right a bunch of people tweeted nest
and it's just saying Happy Thanksgiving
please be kind but like and we attend to
be kind and fair to him on this show but
we do want him to answer the questions
that he's refused and dance fair yeah he
just won't do it I think so again and
he's racing this through right he put
out the plan the day before Thanksgiving
he's pushing a vote on December 14th
like out of time the American people
have to react to this
is just very low and I but you gotta
give him credit it's more time than
there was in 2015 we at least get to
read the full text and know I disagree I
disagree in a serious way in 2015 what
had happened was that was a five years
after the FCC tried to do something in
2010 they finally did the thing that the
courts told them to do so there was a
huge run-up right that they FCC
originally tried to put net neutrality
regulations in place under title 1 and
Verizon sued them in one if Verizon
hadn't sued them it would be fine we
would have net neutrality rules under
title 1 we wouldn't have all this
burdensome additional regulation but
Verizon decided they didn't like it and
they sued them and they won great and
the court said to them if you want these
regulations you have to use title two so
then there was a massive run-up again
and Tom wheelers first instinct was to
not do title - it was to try to shoehorn
them into yet another statute and go to
court again and basically the public
pressure was put on him to use title two
so there was like that huge run-up I
mean it was just an endless process for
Verizon they did the rules Verizon won a
case years later and then Tom wheeler
was made to use title tube with a
combination of like a court ruling in
public pressure so like that's not the
same as this like that processor so long
it might not have been out out as in
front and it might not have been like
this document like here's what the FCC
is voting on but the process that was
going through like we covered the hell
out of it like every month for four
years so I just don't I don't see that
argument like I get what he's doing like
I'm more transparent you can't read
these like whatever no human can read
this document I will say in just an
abstract sense I want it to be as easy
for an agency to devolve power as it is
to to grab power and I really do think
of 2015 as a power grab by the FCC
constitutional or not it really bugs me
I'm really happy to see a Jap I trying
to devolve power and I hope that he has
correct
legal arguments to do that and I see how
they're a little little tenuous but I
hope he makes it through and I'm sorry I
know I know a lot of people hate open
right now to disagree with net
neutrality but yeah it worries me and I
really do think it puts speech more in
the hands of the government if you're
gonna make a free speech argument I
understand that it's scary for private
companies to have so much control over
our speech and that bugs me but it was
like fundamentally like this is like the
question about this regulation is do you
trust the government to like do the
right thing about it or do you trust
these private corporations to do the
right thing about it and if you no no
right normally with private corporations
you can say I don't have to trust them
or not I could just choose not to give
them my money and in this case I don't
think we have that option or 51% of
Americans don't have that option and yes
I am like I'm with you that the idea
that I would you know put more power
into the government seems scary but I
also like who am i more afraid of big
giant you know corporations or a big
giant government well in theory at least
if we're talking about philosophy
I can I can vote for the people the big
giant government in a way that I can't
and the big giant corporations right
yeah I mean like I think this is why I
like this is why we wanted to an
emergency broadcast right like you and I
disagree I think it's interesting to
talk about a parameter of that
disagreement but to me it's I don't I'm
stuck it what power to the FCC grab I
couldn't tell you right like the FCC did
a thing that the people of the United
States were very vocal about wanting
which is restricting the ability of
private Internet companies to block
speech basically and if you don't have a
choice like I think that's a totally
acceptable function for the government
like the government needs to do things
otherwise reminders will not have one
and I think right at the end of that
again is like are you a nihilist are you
pregnant it's like do you live in this
world or do you want to live in like it
if it doesn't he says well the
I'm just not like yeah look we're home
from in my parents house right like
we're home for the holidays like their
relationship to this technology is not
and they're very smart doctor this is a
model of a heart back here somewhere as
an MBA like their relationship to
technology is not as sophisticated is to
understand what 18 t u-verse is doing to
their connection they don't give a
they have better things to do right and
like that's the slippery slope of danger
right where Netflix is buffering and
they just like it and they use
u-verse well they're not gonna they're
not gonna file the consumer protection
lawsuit they're not going to investigate
whether that's a regional network
management practice so the the the scope
of potential harm unless like we sit
around doing our job in like
investigating what every company is
doing and you believe the press when
they find out or consumer advocacy
organizations which are not like
well-funded are doing the work like
you've just moved the cost you've moved
the cost from the company to this
diffuse set of other actors and they're
not gonna win is the companies get
bigger and bigger and bigger and collect
more profits like that that to me is the
reality so we've gotten way over Deeter
do we miss anything probably I could I
could make more points about being
afraid of like you know normal non
techie Americans not seeing of the point
here or not seeing the danger here but
we definitely need to stop okay I'll say
it real quick like I like yes last night
like we were gonna watch a movie
and it was like well okay I'm just gonna
find something good to rent but
everybody else wanted to like find
something free on Netflix to save the
four bucks that would cost to stream
something and if it's built into the
Internet service that you can get CNN
for free and Fox News costs two bucks
people will definitely just watch CNN
and like that's the danger if the
network gets to give you something
against a preference content then it is
the network choosing what you're
watching because people have a very very
like lizard brain desire to just take
the cheaper thing yeah okay did anybody
get anything good for Thanksgiving
it's Black Friday by the way I will say
okay we're gonna end the show and
approach some things it's Black Friday
yeah this the the verge website is full
of Black Friday news so go look at that
stuff your if you're listening this live
on Monday Paul you're hosting gadget
emotional support right on so much for
this emotional tech support so any
emotional problems that you have dealing
with cyber monday you can call us live
it's gonna be in the morning Eastern
Time morning yeah so you're ready for
that but it's it's you Ashley hi I'm
right yeah
time is our deals expert and Ashley and
I will be providing the emotional
support yeah so if you see a hot summer
Monday deal you don't know what to do
call oh and actually if I am of it on
the circuit breaker show so that's
happening the verge cast is I won't be
on it next week I'm out of town the
verge cast is back next week and then
Ashley in Caitlyn or back with why'd you
push that button next week you can also
listen to too embarrass to ask with
Lauren good who's wonderful she does
that show with Kara Swisher Kara Swisher
equally wonderful host recode decode and
then Peter kofta host recode media and I
am sure that recode media is gonna have
some that neutrality and 18-feet stuff
on it coming up because it two biggest
stories in tech policy happening right
now thank you very much everybody on the
chat here for joining our renegade Black
Friday net neutrality podcast I know
it's the hottest thing going right now
but it's important to us
I'm I will just say this I think it's
cool that three of us can have a
conversation which we disagree about
something that's fundamental and like
habit P have to be cool so please take
that into your heart try to have cool
conversations I appreciate that too and
from assuming that if I wasn't here and
it's just the two of you and you all
agree was your like call to action what
does people supposed to do um there's a
couple ways they're the thing you should
do is you should call Congress right
Congress can put a pressure on the FCC I
saw some well-meaning let's all tweeted
a GPI and Michael O'Reilly are not gonna
change your mind call Congress you can
about foo Netcom the e FF has a tool
just make that phone call like it's easy
to do
you should do it if you believe in it if
you don't believe it you can make the
phone call too but our government needs
to hear from us and maybe something will
change
so like make that first move it might
feel like nothing but it adds up in the
aggregate and we'll turn it into
something and then when it's lawsuit
time well-well just and I will huddle
for warmth together it'll be fine yeah
that's the richest renegades yeah thank
you for rock and roll
Paul promo promo code hey
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