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The Internet Communications Government Network United States

New York Governor Signs Executive Order To Keep Net Neutrality Rules After FCC's Repeal (theverge.com) 131

New York Governor Andrew Cuomo announced today that he has signed an executive order that would require internet service providers with state contracts to abide by net neutrality rules, even though the FCC recently voted to repeal those rules last month. Cuomo's announcement comes a couple days after Montana's governor signed essentially the same order. The Verge reports: [Both executive orders] require service providers with contracts to abide by the widely agreed upon tenets of net neutrality: no blocking, throttling, or otherwise favoring content. But the more populous New York could now become a key battleground over net neutrality. According to the order, any service provider receiving or renewing a contract after March 1st in New York will be required to sign an agreement saying they will adhere to net neutrality principles. Major companies, including Verizon and AT&T, have signed contracts with the state. That, however, doesn't mean the executive order will stand. When it passed its repeal of net neutrality rules late last year, the FCC specifically included a provision blocking states from passing their own rules. New York, like other states that attempt similar plans, will likely face a legal challenge.
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New York Governor Signs Executive Order To Keep Net Neutrality Rules After FCC's Repeal

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  • by Mike Van Pelt ( 32582 ) on Wednesday January 24, 2018 @06:55PM (#55996225)

    As I read this, New York isn't imposing a rule that would run afoul of the FCC's ban on states and localities imposing rules on internet providers.

    They're just saying that neutrality is a condition of doing business with New York.

    If you don't want to do net neutrality, fine, knock yourself out, but New York will not do business with you. Your choice.

    I don't see that the FCC has a say in this.

    • by godrik ( 1287354 )

      As much as I like Net Neutrality, this does not quite pass the "smell test" in my book. I really dislike attempts at bypassing a law or rule by leveraging a technicality.
      Even it may be legal, I feel like this is what is wrong with modern business practices.

      • by Software ( 179033 ) on Wednesday January 24, 2018 @07:30PM (#55996403) Journal

        At the risk of nitpicking, it's not a business practice, it's a government practice. The distinction is important because the courts have typically given governments broad leeway in using their "power of the purse". A good example is the 21 year old drinking age, which is not a federal law. However, the states were threatened with losing their share of the federally-allocated highway funds if they didn't enact their own 21 year old drinking age laws.

        The potential harm of traffic shaping is not something the state should ignore in its procurement processes. The ISPs who shape traffic will eventually start to throttle VPNs once customers realize they can get Netflix faster over a VPN without having to buy the "Streamer's Package" (or whatever the ISPs will call it). VPNs used by government employees working remotely will get throttled, too. So the state has a legitimate interest in discouraging traffic shaping.

      • by Ichijo ( 607641 )

        I really dislike attempts at bypassing a law or rule by leveraging a technicality.

        Are there any exceptions? For example, should unjust laws also be obeyed without leveraging technicalities?

      • by RobotRunAmok ( 595286 ) on Wednesday January 24, 2018 @07:38PM (#55996457)
        We endure him in New York, bust just barely. It does not matter if there can be no legal teeth to his pronouncements, everything he does is about relaying a carefully focus-grouped sound bite or photo op. His stances on various issues have routinely "evolved" as the political winds have shifted during his career. He is the poster child for everything that is wrong with American politics: descended from political royalty, with the commensurate sense of entitlement, absolutely no moral compass or POV on anything that has not been vetted by pollsters, and a clear and unabashed tie-in to the media.
        • His stances on various issues have routinely "evolved" as the political winds have shifted during his career... absolutely no moral compass or POV on anything that has not been vetted by pollsters

          A lot of people complain about politicians like this. Since the US is theoretically a democracy, though, isn't it a positive trait for a politician to follow the will of their constituency? Don't we want politicians that pay more attention to the voters than to the donors?

          • We may theoretically be a democracy, but we are in fact a representative republic. We elect people we believe will vote the way we would vote on any given issue, in order that every single little matter doesn't require every citizen to go to the ballot box. We base our opinion, in part, upon the politician's character as evinced by his public voting record and statements.
            • If a politician changes the way they vote on certain matters so that you no longer agree with their positions, then you can and should vote for somebody else in the next election. That's the way representative government works.

              Note that I'm assuming that you mean changes over time based on changes in public opinion. A politician who makes statements during a campaign and immediately goes against those statements when they're elected is a different issue.
      • by PopeRatzo ( 965947 ) on Wednesday January 24, 2018 @07:43PM (#55996485) Journal

        I really dislike attempts at bypassing a law or rule by leveraging a technicality.

        In this case, the "technicality" being leveraged is the U.S. Constitution.

        • I really dislike attempts at bypassing a law or rule by leveraging a technicality.

          In this case, the "technicality" being leveraged is the U.S. Constitution.

          Conservatives are all about States Rights and the Constitution.

          Except when they are paid not to be all about State's Rights and the Constitution.

          Personally, I think it's a big mistake, the Republicans messing with people's porn.

          • Personally, I think it's a big mistake, the Republicans messing with people's porn.

            And weed.

          • Have you not been able to access porn anymore? Where you not able to before Obama's version of net neutrality?

            You think the left would have learned their lesson after exaggerating the impact of global warming. By the time the elections come up, no one is going to care about net neutrality because none of the extreme bad stuff will have happened. And by bracing everyone for that extreme, any small impacts will just seem minor.

      • Except in this case it is what is right.
      • by murdocj ( 543661 )

        It's not a "technicality". States clearly have a right, and probably an obligation, to lay out the terms under which they will contract for services.

    • by RonVNX ( 55322 )

      Republicans have been screaming forever that contracts are sacred, and this is a clever way around the problem. Going forward it will be a condition of doing business with the state.

    • It's also highly dubious that the FCC has the power to ban states from implementing their own versions of Net Neutrality. If they don't have the power to institute Net Neutrality themselves (not an argument I buy, but an argument presented by Pai's defenders), then they certainly don't have the power to dictate what states can or cannot regulate themselves.
  • are going to have to pick up the slack that the federal government is abdicating. I don't really care that the savage fucks in the south don't really want a government, we do. For now well have to maintain civilization on state by state basis until we resubjugate the south. Unfortunately doing so will negate much of the economics of scale that the Federal government could achieve, but state by state civilization on the coats is better than the no civilization advocated by those anarchic lunatics.
    • pick up the slack that the federal government is abdicating . . . maintain civilization on state by state basis . . . those anarchic lunatics.

      The irony is strong with you.

    • Re:NY Cali MA etc (Score:5, Insightful)

      by bobbied ( 2522392 ) on Wednesday January 24, 2018 @07:35PM (#55996425)

      In my view of the US constitution... This is EXACTLY how it should work....

      As I recall the 10th amendment is pretty clear about this. States need to take back their power and tell the Fed where to get off with all their locally applied regulations....

      Not that I'm defending NY's decision here. I think they are being stupid... I'm just agreeing that they have the right to do this if that's what their voters want.

      • It is how the Constitution is setup. For good or for bad state's rights enable each state to regulate when the Fed fails to do so. Unfortunately this balkinization also causes massive problems for national/international organizations. This was simply not a problem when the Constitution was written. With additional rules being put in place by each state, at best they will supplement each-other, at worst they can directly contradict each-other. Now each ISP has to comply with each states net neutrality regul

        • I don't agree. I think the framers did a masterful job with their design and it would work fine today if people understood how this worked and let it happen. The federal government was supposed to be limited in size and scope and focused on things like national defense, international treaties and the like but we have let it grow into an all powerful unifying entity that directly impacts state and local government operations though "grants" and attached regulations which has blown it all out of proportion

          • I actually like you response annnd I actually think the Constitution was just relatively good as written for when it was written. The problem is we have not done it anything close to justice by adequately maintaining it since then by utilizing its own self correcting mechanisms. We have the large population, economical vibrant, and educationally well endowed states which have recognized and want to leverage the economics of scale of a unified economic,social, and infrastructural system, and a smaller,subsis

            • Ah, so I take it you think an all powerful central government is just the ticket then?

              I see your views as an attack on our founding principles as well as our founder's wisdom in their choices for how our government was designed to work. I strongly disagree with your conclusion that our form of government is somehow old fashioned and thus ineffective.

              I believe that the actual problems of government haven't really changed in thousands of years and as such the most effective form of government remains the sa

              • "Ah, so I take it you think an all powerful central government is just the ticket then?" Not by my thought but I imagine you would consider it one.

                "I see your views as an attack on our founding principles as well as our founder's wisdom in their choices for how our government was designed to work. I strongly disagree with your conclusion that our form of government is somehow old fashioned and thus ineffective."

                You imply that the founding fathers were some kind of homogeneous group. This debate has been

                • All the Federal actions you point to are part of it's valid function of enforcing the bill of rights.. However, the bill of rights has little to do with the bulk of the Federal government.

                  How do you justify "The Department of Energy" or "Department of Education" and how they meddle with what the states can and cannot do? The EPA has grown WAY beyond any kind of constitutionally limited part of the Federal government. How is the Federal government even involved in things like welfare and Medicaid from a c

          • by dryeo ( 100693 )

            Does the system that was invented close to 250 years back really make sense now? It has already led to a pretty brutal war due to the States wanting to do different things.

            • And what was that war about in the 1860's? The counting of slaves verses freemen in the north and south?

              We've gone far away from our founding design and I believe this is not a good thing. Where the Federal government is properly charged with enforcing the constitution and civil rights within our borders, we've long ago left ideal of limited government where the power is left to the states and the people.

      • by Anonymous Coward

        Except, of course, the Internet clearly being an interstate commerce mechanism, and this being a deliberate interference in interstate commerce.

      • In my view of the US constitution... This is EXACTLY how it should work....

        As I recall the 10th amendment is pretty clear about this. States need to take back their power and tell the Fed where to get off with all their locally applied regulations....

        The problem is that the people in power right now, will scream bloody murder about state's rights when it suits them. This of course is because they have managed to figure out a way to get elevted by the voters, while actually working for their corporate overorlds who pay the baksheesh to do their bidding. But now they are all about the power of the Federal Government.

        At present, they are getting hoist by their own petard. This current situation, Where Montana, New York, Vermont, Colorado, and California,

        • If your view is political power and controlling everything, then I can see someone thinking like you do.

          The problem though is many republicans are not enamored with obtaining political power for the federal government and fully understand what that means to their ability to control everything. When we preach "states rights" we mean it. If California wants to be a liberal wasteland of failed utopian policies and high taxes, so be it. IF Texas wants low taxes and conservative government, so be that too.

          F

          • If your view is political power and controlling everything, then I can see someone thinking like you do.

            The problem though is many republicans are not enamored with obtaining political power for the federal government and fully understand what that means to their ability to control everything.

            Just who are these many Republicans? As a person who used to vote 75-80 percent Republican, I have not seen any of that for a long time. The Republican Party is the Party of Donald Trump, and do not deny it. Trump had a record number of votes for any Republican candidate ever. This is the person the Republican Party wanted and elected. He represents the views of the majority of Republicans.

            When we preach "states rights" we mean it. If California wants to be a liberal wasteland of failed utopian policies and high taxes, so be it.

            And you preach a balanced budget too. That's pretty amusing. And tell ya what - as a Goldwater conservative, I can te

  • Abuse (Score:2, Flamebait)

    by markdavis ( 642305 )

    Regardless of your stance on Net Neutrality, this looks to me to be a clear abuse of the "executive order." We have legislative branches for such things.

    • by Anonymous Coward

      This is also the state that passes laws in the middle of the night so you won't have to deal with that pesky opposition.

      http://www.syracuse.com/news/index.ssf/2013/03/state_emergency_gun_law.html

      • And in a fantastic role reversal, another dead-of-night legistlation deal, in 2012 Democratic Governor Cuomo went to extraordinary lengths to woo the Republican legislature (he allowed them to gerrymander the districts) to pass his "Tier 6" retirement plan, which massively gimped future public employee pensions. News article: Tier 6 Passes Assembly [timesunion.com]. The article reads like the twilight zone. In NYS, the Republicans are pro-union and the Democrats are the Scott Walkers. Keep in mind the NYS pension has no

    • by HiThere ( 15173 )

      I'm not familiar with the New York government (This is the state rather than the city, right?), and perhaps it should be an action by the state legislature. But as far as I know states normally have the right to decide what the terms of doing business with them are, so the order seems reasonable. Still, you may be right that it should have come from the legislature. This is not clear to me, as often the executive branch is allowed to decide such matters subject to being overruled by the legislature.

      • But as far as I know states normally have the right to decide what the terms of doing business with them are,

        State government is a big enough customer that they shouldn't be buying ISP services from the home ISP providers anyway. Nobody in state government should have a comcast.net email address.

      • The only reason I can see the legislature needing to get involved is if there's procurement laws that contradict the order. For example, things like "must pick the cheapest of 3 bidders". Even then, in the interim the theoretical net neutrality violating company would lose the state contract and have to fight it in court, which could take over a year. So not only are they not getting income from the state contract, but they're now paying lawyers and legal fees. In the meanwhile, the new contract winner

      • I'm not familiar with the New York government (This is the state rather than the city, right?), and perhaps it should be an action by the state legislature.

        You think the legislature should be involved in every detail of contract negotiations between the state and private companies? If that were the case, the legislature wouldn't have time to discuss and pass actual laws that need to be handled. Granted, in some cases that would be a good thing, but overall I think it would be better for the legislature to spend time on laws instead of details of execution of the laws.

  • by SilverBlade2k ( 1005695 ) on Wednesday January 24, 2018 @07:18PM (#55996353)

    This isn't a law that undoes the FCC ruling.

    It basically says that if ISP's want to do business with the state and wants their contracts, Net Neutrality is one of the agreements.

    ISP's have a choice if they want those contracts or not. And there's NO law anywhere saying that State governments absolutely must do business with the ISP's. No such law can exist because that would be immediately squashed in court.

    • by guruevi ( 827432 )

      All this means is that "TWC Business Services LLC" must provide net neutrality to it's customers. Charter Communications LLC does not provide contracts for government/educational organizations and neither does TWC Business Services LLC provide residential internet services.

      • by Merk42 ( 1906718 )
        TWC and Charter merged to become Spectrum. Are "TWC Business Services LLC" and "Charter Communications LLC" even things anymore?
        • by guruevi ( 827432 )

          Spectrum is the brand name, TWC Business Services LLC and Charter Communications LLC are subsidiaries of Charter Communications Operating LLC. They have a BUNCH of subsidiaries, even as specific as Long Beach LLC and numerous other subsidiaries that operate very small geographical areas (probably to avoid legal scrutiny reserved to larger ISP). So legal-technical speaking, your "business" Spectrum is quite different from your "residential" Spectrum, I work with both regularly and they have different brandin

  • ... Federal, state and local governments negotiated contracts with vendors to give their traffic priority, for "public safety" reasons. Now they want to put in place rules that forbid that... Seems political expediency is more important than public safety now.

    • Federal, state and local governments negotiated contracts with vendors to give their traffic priority, for "public safety" reasons.

      Interesting point. Is New York an adopter of FirstNet? If so, then they're going to have internet for first responders that has priority over normal consumers.

  • I can see ISPs contracting with the state of NY buying into this, grinning. First DDoS they refuse to block or throttle will likely lead to some fun discussions.

    • Doesn't matter, Cuomo is all about bullshitting to get himself elected president so he can reward his buddies.

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