ISPs Should Not Police Online Speech—No Matter How Awful It Is.
ISPs Should Not Police Online Speech—No Matter How Awful It Is.
Entrusting our speech to multiple different corporate actors is always risky. Yet given how most of the internet is currently structured, our online expression largely depends on a set of private companies ranging from our direct Internet service providers and platforms, to upstream ISPs (sometimes....
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This was literally the Net Neutrality debate from 2013-2016ish... And yall can correct me if im mis-remembering what the argument was. IIRC it was if an ISP wanted to be classified as a public utility or private service and the outcome was something along the lines of.
Public utility > protection under title 2 of The Communications Act of 1934 (ammended in 1996, its not that old, and could NOT be sued for the content they transmitted) > they could not police the content, otherwise they were liable for what their customers used it for.
The reasoning was you could not sue a public utility for someone using them to do something illegal. However if it was a private service.
Private service > not protected under title 2 > could police content as it was private infrastructure. The fear was if Time Warner or someone throttled connections to streaming platforms to ruin the expirence so people would go back to watching cable. This was kicked off when Netflix, Level 3 and Comcast all got into a spat over content usage, data volumes and who was responsible for paying for hardware upgrades.
The issue was that they were poorly classified at the time (unsure if that changed) and had a habbit of flip-flopping classifications as they saw fit in different cases (ISPs claimed to be both and would only argue in favor of the classification that was more useful at the time). I dont think this was ever resolved as it was on chairman Wheelers to-do list but 45s nominee to the FCC was a wet blanket and intentionally did nothing. Now the seat is empty because congressional approval is required for appointees and were doing the "think of the kids/ruin the internet" bill again... /Sigh.
Y'all know the drill, call your congress critter n' shit, remind them not to break the internet again. And if your in a red state, just fart loudly into the phone, its funny and they wont do anything constructive anyway, even if you asked nicely. (Sorry, im just tired of this cycle of regulatory lights on, lights off)
Thank you for coming to my TEDtalk.
Man, this is so wierd reading from post-soviet country. Here red state/region meant in 90-ies region with communists majority. And they probably would be for public utility.
Anyway now it doesn't matter in personalist resource autocracy.
Thats the part that makes this double frustrating, it by all accounts should be a public. Back in the early 00's the US federal government basicly gave all these companies a blank check to provide "broadband internet" to every home in America (See the US Postal Service as them doing shit like this before).
They (ISPs) have since taken the money and done some of the work (with the promise to get it done some day, eventually maybe never) and the term "broadband" is borderline useless in terms of an acceptable internet connection. Every few years there is some skuttlebutt to increase the standard of what "broadband" means, but the last update set it at 25mb down / 3mb up... Which in 2023 is pretty emberassing.
Downlink speed itself is not as embarassing as assymetrical channel.
And not everybody receiving it also embarassing. To the point of articles 19 and 27.1 of DoHR. AFAIK the only country in the world that does not have to be embarassed is Finland.