Government


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You Have a Choice, But It’s Basically AOL or Nothing

Right after I published my previous post about Chairman Pai’s FCC’s plan to kill net neutrality rules governing internet service providers, the FCC released details about the proposal the Commission plans to bring to a vote in December.

It’s even worse that I had thought. It looks like Chairman Pai’s FCC is setting up to allow Internet Service Providers to decide what content and websites its customers can visit and which ones it cannot. For anyone following the fortunes of Comcast, Verizon, and AT&T over the last few years will note that these companies have each acquired or are in the process of acquiring content companies. Most recently, AT&T plans to absorb Time Warner, ostensibly for the content it can provide the broadband and wireless service provider. Verizon did something similar when it acquired AOL and Yahoo and rebranded them Oath.

We’ve been expecting the single, unlimited broadband package to go away someday—either through throttling your connection speed or by capping the amount of data you send and receive each month. What might happen now is there could be at least two tiers of broadband service:

  1. a discounted AOL-type service where you get unlimited access to the content on that service
  2. a prohibitively expensive rate for a somewhat open service, like what we have now

At any rate, Chairman Pai is basically giving the monopolistic Internet service providers the opportunity to become all-in-one information services. Remember most of America has no choice in Internet service providers and unlike in the past, when there was a national telephone monopoly and local cable TV monopoly, the government provided some level of protections against monopolistic behavior. Not anymore.

It really seems like the Internet will again be like AOL. Don’t say I didn’t warn you.

The Lapdogs and the Carcass of Net Neutrality

The corporate lapdogs at the Federal Communications Commission are to announce this week—the week of the Thanksgiving holiday the United States—their scheduled vote on December 15 to eliminate the “net neutrality” rules that govern wired broadband Internet providers.

The timing of the announcement and of the scheduled vote is not accidental. The FCC is trying to sneak the announcement during a holiday week when the country is distracted and will take the vote on a Friday before the FCC commissioners presumably adjourn for 2017. As we know, because of Donald Trump, the FCC has three business-friendly Republican commissioners that will out vote the two Democratic commissioners. There’s every reason to expect the vote to be a mere formality.

Karl Bode posted a great essay on Techdirt about the vote predicting a strong public backlash against the FCC’s vote to kill net neutrality rules. I won’t reproduce his argument here, but I want to draw attention to the two reasons he foresees a revolt. First, the public overwhelming supports these rules because, as with the broadband consumer privacy protections the Senate killed earlier this year, this is not a partisan issue. Hardcore lefties and righties want these protective rules. Second, these rules will largely benefit broadband Internet providers: i.e., the deep-pocketed cable and telephone companies that rank among the most hated companies in America. Much like the Republican tax plans currently debated in both chambers of Congress, the benefits will go to the wealthiest and most powerful segments in our country. The rest of us will get screwed.

However, unlike Bode, I am less optimistic about a coming public revolt against this FCC and the broadband companies they are supposed to protect the public against. A lot of people don’t understand what net neutrality even is, much less other related concepts such as common carriage that are arguably more meaningful and noticeable to people on a day-to-day basis. The most immediate effect of ending net neutrality will be preferential treatment of partner services. As we’ve already seen, Netflix is fine with partnering with ISPs to ensure a clear path for its streaming video service. As long as people can still stream video on Netflix and Amazon, no one will really notice that their Internet will no longer be an open-platform.

Of course, the long-term effect will be much greater, even if its harder to identify. That’s because the next generation of Internet companies will have a harder time emerging. Someone might develop something we can’t even imagine yet that could threaten Netflix and Amazon’s dominance the same way each company all but eliminated the Blockbuster Video stores that profited with usurious late fees and the major chain bookstores that forced many independents out of business decades. But we won’t probably will never see those competitors emerge and, even worse, we may never even know they existed in the first place.

The votes that Chairman Pai has brought to the FCC over his first year as the Commission’s chairman benefit incumbents over future innovative upstarts. While this may have a short-term benefit for the large companies that employ thousands of workers and trade on the Dow Jones stock exchange, as Verizon, Comcast, and AT&T do, these actions will cost us in the long-term in lost innovation. The Internet communications revolution in the United States didn’t come from incumbent telecommunications companies. It originated from military, government, and university researchers working together—often in their spare time. Had we left it up to AT&T or RCA, our Internet would basically be AOL and what Sprint called the “wireless web.” As someone who remembers both these versions of the “Internet,” I wish I had never known they existed in the first place.

Stop Chairman Pai’s Big Media Giveaway

Yesterday, I posted a lengthy article about the FCC rules governing broadcast station ownership that the FCC Chairman Ajit Pai is trying to weaken.

If you read my article and were convinced that these rules should remain in place, you might consider signing Free Press’s petition asking the FCC to not weaken these regulations. Because the FCC is headed by three business-friendly Republican commissioners and two Democratic commissioners, it’s almost certain that the FCC commissioners will follow Chairman Pai’s directive, vote along party lines, and weaken these rules.

While it might seem that this is a partisan issue, it really shouldn’t be. No reasonable person wants a small number of people controlling our broadcast media. A plurality of voices is something that, I think, we all should want, regardless of partisan identification.

This petition is one of the few ways that we can make our voices heard because the rules that the Commission is seeking to relax and rescind on November 16, are being considered with no input from the public. I told you that Chairman Pai is a shady character!

Sign Free Press’s Petition: Stop Chairman Pai’s Big Media Giveaway

From a “Lapdog” to Running a “Whorehouse”

Back in 2015, I called then–FCC Commissioner Ajit Pai a corporate lapdog. He earned the nickname, in my mind, after he referred to his former Chairman, Tom Wheeler, as an “Obama lapdog,” although he didn’t directly make that statement. He had a few of his associates—Matthew Berry and Brendan Carr—do the name-calling for him. Pai and his proxies gave Wheeler this name because he sought to classify broadband internet service providers as “common carriers,” paving the way for what we commonly refer to as “net neutrality.” They accused Wheeler of being an Obama lapdog because he was following the pronouncements of the then-President of United States.

Ajit Pai, Chairman, Federal Communications Commission (FCC)

However, Pai, Berry, and Carr were truly acting like corporate lapdogs, following the commands of their masters in the broadcast and broadband industries. They were advocating on behalf of the telecommunications companies that provide broadband services at the expense of the public interest. Without net neutrality, ISPs can discriminate against certain websites and Internet services that might not be part of their corporate family or do not pay for “preferential treatment.”


Since Trump nominated Pai as Chairman of the Federal Communications Commission, Chairman Pai’s FCC has done some shady things to further serve the interests of the broadcast industry, especially ones that support the Trump administration. Most notably, when the FCC was soliciting public comments on its website regarding its proposal to reclassify broadband as an information service, thus ending “net neutrality,” the FCC claimed that its public-comment website was down because it was the subject of a DDoS attack. It now appears that there is no proof that the site was attacked but instead was likely purposefully taken down to stop receiving comments from the public. During the last public comment period, the comments overwhelmingly supported net neutrality, which Chairman Pai is intent on dismantling.

Standing Together for #NetNeutrality

Chairman Pai’s FCC has been even more active in working for the broadcast industry. Lapdogs, as we know, can be quite loyal. He has taken aim at three regulations that were instituted at various times over the last ninety years to curb the influence of broadcast station owners.

The first is the station ownership caps. The idea behind instituting station ownership caps is to prevent one partisan voice from dominating the broadcast media throughout the country. Before the 1980s, no single company could own more than seven AM radio, seven FM radio, and seven television stations. However, those rules have been relaxed over the past four decades. The current rules are a little complex but they basically restrict a single company from essentially reaching more than 39% of US TV households. By the way, the rules for radio station ownership are even more complex, but there are almost no ownership caps on radio stations.

There is one way to get around the 39% rule, and that is through the UHF discount. In the US, television stations are scattered across two bands: VHF (2-13) and UHF (13-69). VHF stations dominated the airwaves for two reasons. First, VHF TV signals travelled further than those of UHF TV stations and provided a clearly picture and higher-fidelity sound. Second, VHF TV stations were more widely watched because those stations were either owned or affiliated with a broadcast network and thus carried the most popular TV programming of the day. The UHF TV stations were exiled in a kind of TV “ghetto” and were rarely profitable.

In order to provide some equity between VHF and UHF station owners, FCC instituted a “UHF discount” in the 1980s. Since UHF TV stations didn’t have the same reach as their VHF competitors, the UHF discount allows owners of UHF stations to count their stations as having only half of their actual reach. This was because UHF stations were less popular than VHF stations. However, this also allowed owners of all-UHF stations to reach potentially reach 78% of US TV households, compared to the intention of the ownership rules: no single entity could reach more than 39% of US households.

If you’re confused by the 39% rule and the “UHF discount,” you’re not alone. I honestly think the broadcast industry and their lobbyists purposefully make it complicated so that the public can’t understand and advocate against the interests of broadcasters. Their interests and the public’s interests are often at odds with each other.

The UHF discount was abandoned during the Obama administration because the digital TV transition in 2009 made the difference between a VHF and a UHF station almost meaningless. In fact, most network broadcast stations use a UHF frequency that the FCC gave to them at the turn of the millennium. The reasons for implementing the UHF discount no longer exist and the FCC under Obama closed this loophole, although there was a “grandfather” clause for station owners who were the 39% rule during the UHF-discount era.

In April 2017, in a move friendly to broadcast station owners, Pai’s FCC restored the UHF-TV station discount. Now, a single company can again effectively reach twice as many households with UHF stations than if it had only VHF stations. It’s worth noting that one company, the Sinclair Broadcast Group, owns and operates many local TV stations—mostly on the UHF band—around the US, uses its outsized reach to “inject right wing political views” into their local newscasts, and is a vocal support of Pai’s boss, President Trump.

Also, Sinclair is trying to acquire television stations owned by Tribune. Without the UHF discount, Sinclair cannot acquire those stations without divesting of some stations or abandoning the merger altogether. Restoring the UHF discount clearly benefits Sinclair and would expand the reach of its right-wing propaganda. Chairman Pai’s move to restore the UHF discount has drawn the ire of one of his fellow commissioners. Jessica Rosenworcel has called for an investigation into the FCC and Chairman Pai’s “push for rules changes and policies that seem ‘custom-built’ to benefit the Sinclair Broadcast Group.”


The FCC has other rules to prevent the influence of a single partisan voice: newspaper-broadcast cross ownership rule and the TV duopoly rule. The cross ownership rule restricts a single entity from owning a newspaper and a broadcast station in the same market. Instituted in the 1970s, this rule also has a grandfather clause and allows for some case-by-case exceptions. Most notably, the right-wing News Corp was exempt from this rule, allowing it to own its Fox broadcast station (WNYW) and two newspapers—the New York Post and the Wall Street Journal.

The duopoly rule prevents a single company from owning more than one television stations. Again, this is to curb the influence of a single partisan voice throughout multiple television stations. Of course, those rules have been relaxed in the largest media markets—New York and Los Angeles, for example—where there remain at least eight different station owners. In those markets, almost all the major networks own more than one TV station.

Duopoly Owner New York Los Angeles
CBS WCBS 2 and WPIX 11 KCBS 2 and KTLA 5
Comcast NBC WNBC 4 and WNJU 49 KNBC and KVEA 52
21st Century Fox WNYW 5 and WWOR 9 KTTV 11 and KCOP 13

Chairman Pai wants rescind both these rules at the FCC’s next open meeting on November 16.

Rescinding these rules would be “great” for business, leading to layoffs and media consolidation. It would reduce the diversity of opinions in markets throughout the US and allow for committed partisan voices to influence local and national politics. If you wonder why our country is so politically divided, a lot of has to do with the waves of deregulation and consolidation that we have seen the 1980s.

Chairman Pai—and deregulators like him—claim that the rules are “out of date” or “obsolete” and that these ownership regulations should be relaxed or rescinded. But why stop at these “out of date” rules? Why not go after all the rules?

Chairman Pai has not yet targeted a couple of other longstanding rules. The dual network rule prohibits any of the Big Four networks—Fox, ABC, NBC, and CBS—from owning one of the others. This was instituted to prevent one network from wielding too much influence over the broadcast TV, as NBC did when it owned a Red and a Blue network. However, the rule does not prevent a network from either owning outright or holding a stake in a minor network. Fox’s parent company owns the My Network TV, and NBC’s parent company owns Telemundo. Chairman Pai is just getting started gutting regulations, and it’s not unreasonable to think that his FCC would relax or eliminate this rule.

Another rule that recognized the power of broadcasting was the citizenship rule. A broadcast radio or television station owner must be a US citizens. This was done to prevent a foreign power from influencing our country through these powerful communications media. Given that Russia already influenced our presidential election in 2016 using mostly Internet advertising and bypassing the entire broadcasting infrastructure, I don’t see why Chairman Pai wouldn’t also abolish this rule since it’s clearly “out of date.”


The FCC does more than just regulate indecent speech on broadcast TV and radio. One of its core missions is to promote the “public interest” and has historically done so by instituting regulations that limit the influence one person or company can wield using broadcast media.

It’s only been about fifteen years since I understood what the FCC actually does and have followed the actions of its commissioners. I also know the history of some of the FCC most famous commissioners, such as Reagan’s Mark Fowler and Kennedy’s Newton Minow. Trump’s Ajit Pai seems to be running the commission in the mold of John C. Doerfer—the FCC Commissioner under the Eisenhower administration. Like Pai, Doerfer instituted many rules and policies that benefitted the broadcasters, almost always at the expense of the public interest. Doerfer’s tenure as FCC Commissioner came to an end after it was discovered that he had accepted trips and gifts from industry executives. Doerfer was an extraordinarily corrupt commissioner, and he haunts the history of the FCC. Historians have even given Doerfer-era at the FCC it’s own name, and it’s not a flattering name.

It’s known as the “Whorehouse Era.”

Distrust and Verify: Your ISP and Choosing a VPN

Earlier this year, I noted that the Senate had eliminated consumer protections for broadband customers. This change could result in Internet Service Providers sniffing your broadband data to potentially sell your browsing history to marketers. Yes, it sucks.

I also noted that one way to counter this practice would be to mask your broadband traffic through a Virtual Private Network (VPN). When you tunnel your traffic through a VPN, your ISP can’t tell what websites or Internet hosts you are visiting. All it can see is that you’re transmitting and receiving encrypted data to your VPN provider.

However, tunneling all your traffic through a VPN is not an ideal solution because the performance of your broadband connection will suffer. There are still perfectly good reasons for using a VPN:

  1. You’re connected to an untrusted network, such as a public WiFi hotspot in a cafe, hotel, or airport.
  2. You’re trying to access geofenced content, such as information that is not available in your country but is in another.
  3. You don’t trust your Internet connection because you’re in a foreign country or on the premises of a business competitor.

But a VPN doesn’t provide you with 100% security or privacy. Instead you’re simply replacing the ISP you might distrust with a VPN provider that you might trust a bit more. Your VPN provider will “know” every website that you visit while you are connected to it. And just as your ISP does, some VPN providers keep logs of what sites their users are visiting.

Boni Satani recently coauthored a guide on The Best VPN that surveys 118 VPNs and their policies that indicate that they do not keep logs of their subscribers’ activity. If you’re considering subscribing to a VPN, I would recommend reviewing this guide to help find a VPN that does not log your traffic. Of course, you’re the final arbiter of what is the best VPN for you. Do your homework and choose widely.

Personally, I use TunnelBear for occasions when I’m at an untrusted public WiFi network and don’t want someone to “sniff” my data. Their privacy policy states that they do not “store users originating IP addresses when connected to our service and thus cannot identify users when provided IP addresses of our servers.” They may log what site you visit but they cannot associate that information with you. And they have those cute bears.

Update: I should reiterate that using a VPN doesn’t guarantee complete privacy or anonymity. For example, the FBI was able to use PureVPN’s IP address logs to determine that a PureVPN user was allegedly cyberstalking a former roommate and her friends. PureVPN was listed in the Best VPN survey of VPNs that do not keep logs. They apparently do.

Trumpcare Collapsed Because Republicans Cannot Govern

As you may have heard, Trumpcare—the efforts to repeal and replace the Affordable Care Act—appears to be dead. Jonathan Chait attributes the reason to the Republican party and conservatism as a movement because it is incapable of governing and meeting basic public needs. As he writes:

The collapse of the Republican plan to repeal and replace Obamacare is an especially vivid demonstration of the broader problem. The cohesion Republicans possessed in opposition disintegrated once they had power, because their ideology left them unable to pass legislation that was not cruel, horrific, and repugnant to their own constituents.

Frankly, I couldn’t agree more. Back in May, I wrote that the Republican Party is incapable of governing because their ideology is incompatible with government playing any role in most aspects of public life. In other words, they can’t govern because they basically want to abolish government. However, the reality is that government intervention is necessary when the market fails to provide necessary services. For most of the twentieth century, the government has generally balanced private industry and public intervention on the grounds of the “public good,” using a formula that looks something like this:

  1. Allow the market to operate freely and provide whatever it is we need.
  2. Identify areas where market failures do not provide for the public good.
  3. Devote government resources to provide those necessary services.

We’ve done this with labor protections, the environment, civil rights, education, and, in expensive localities, with rent control. But we haven’t done this with healthcare, and that’s why we’re in this mess.

Market-based healthcare is a failure because healthcare providers charge as much as they want and because patients have no idea or control over what those costs are. Insurance providers and government health plans can only negotiate with the providers in an opaque system that keeps costs high for everyone. This is even more true for those who aren’t covered by a group insurance plan, such as those provided by an employer, or by a government health program, such as Medicaid or Medicare.

What is necessary to truly reform healthcare is universal regulation over rates for health services. The free market has failed to control costs, and that’s the real reason why health insurance premiums are higher every year. There’s nothing to control those underlying costs. The Republican Party line—that “Obamacare is a failure”—is true because it didn’t address the cost of health services: it only made it so that health insurance cover more people that couldn’t afford it before, including the poor and patients with preexisting conditions. The Affordable Care Act can’t keep premiums low because it is an attempt to reform from the supply side. Its aim is to give health insurance companies more customers so they could spread healthcare costs over a bigger pool of patients. But what we truly need is a demand-side reform. Regulate the health services markets, standardize the rates, freeze their costs, and reward providers who implement efficiency measures to provide better health services at a lower price. In essence, this is what single-payer healthcare does, but this is not the only possible solution.

Government reform of the health services market would do what we need most in the US healthcare system: cover everyone and keep health insurance premiums down. But doing this requires Congressional leaders to put on their big-kid pants and to actually govern, and we see what happens when we let try to do that.

Defend Net Neutrality…Again

John Oliver did it again. Two nights ago, on Last Week Tonight, he covered net neutrality, explaining it in an accessible way, and advocating everyone to visit the FCC’s website to comment on the proposed rules.

As he explained on the show and what should not come as a surprise given the corporate lapdog that now runs the FCC, commenting on the proposed rules to revoke net neutrality regulation is a lot harder than before. But the Last Week Tonight producers made it easy to comment. They mapped the domain name http://gofccyourself.com to the comment form. (Deep linking FTW!)

While Oliver explains a lot of reasons why net neutrality is important, it might be better to see this from the perspective of Title I vs. Title II. Oliver offered to contrast it, but the explanation comparing the difference between the two didn’t materialize. Nevertheless, it might be helpful to think about Title I vs. Title II in these terms:

  • Title I is an information service. A cable company operates under Title I because the cable company curates the channel lineup and offers a package of television channels. Users have little choice in what channels they get, aside from choosing a tier of channels.
  • Title II is a common carrier utility. A landline telephone company operates under Title II because it doesn’t not select or curate your phone calls. It simply connects one telephone to another.

Most of us think of our Internet service provider as a common carrier. We subscribe to one ISP versus another based on a few factors: upload and download speeds, reliability, and price. We don’t do so because of “exclusive content” or any synergistic nonsense like that. With any ISP, we expect to reach any website, connect any device, and run almost any application.

On the other hand, we think of major platforms on the Internet, such as Facebook or Google, as an information service. However, no one relies on only one of these platforms. Remember when Facebook partnered with HTC to make a “Facebook Phone?” It was a disaster because no one wants to live in this walled garden, even if we might spend a lot of time there.

We have only had net neutrality for two years, but we must keep it because we don’t want our Internet service providers to become an information service.

When an ISP acts like an information service, we get something like we had with America Online (AOL). Today, most people shudder when I mention AOL because think of slow dialup connections and the shrieking modem-handshake sound. But honestly, what made AOL so bad was that it was your internet service provider and your content provider, and while it was easy to use, it was really bad. It was not only a walled garden, like Facebook today, but unlike Facebook, you paid by-the-hour while you were on AOL. I don’t think any consumer wants to go back to these days.

AOL CD 700 Free Hours

You don’t want to know how much you had to pay after AOL’s free 700 hours.

The same is true for wireless. The iPhone was revolutionary, not only as a mobile computing device, but because Apple insisted that it have complete control over the hardware: the wireless carrier could not install any software nor brand the phone. The iPhone was a success in part because Apple relegated AT&T to the role of a wireless common carrier, keeping them from acting like an information service.

I certainly remember this was not the case with some of my old phones, such as a Sprint-branded phone that I got in 2001, that came with the “wireless web.” It was basically an AOL-like service provided by Sprint that had local weather, news, and sports scores. It sucked. The only redeeming feature of this service was that it allowed you to enter a URL, and there were a handful of sites that offered mobile WAP sites, largely because of the success of Palm handhelds.

Sprint PCS Wireless Web, circa 2001

This was the Web on a Sprint PCS Wireless Phone, circa 2001.

The one thing that Pai gets right about “net neutrality” is that is a confusing term. But in this case, let there be no confusion. Internet service providers are by their very nature common carriers. That’s how they market themselves, that’s why consumers subscribe to one ISP versus another, and that’s how the Internet as we know it has flourished in the last decade and a half. Moving ISPs to Title I—as information services—will invite those ISPs to become gatekeepers and walled gardens that stymie innovation. Let’s not go back to the days when “surfing the web” meant scrolling through a mobile “wireless web” browser’s menu or, heaven forbid, entering AOL keywords.

Tell Chairman Pai: Go FCC Yourself-dot-Com!

Dismantling Government is Hard When You Have to Govern

In the aftermath of 11/8/16, there have been a lot of uncertainties about the direction of our country, but last month at the CPAC conference, senior advisor to the president Steve Bannon very clearly outlined the game-plan for the Trump administration. All of the goals seemed terrifying to anyone with a sense of history because it threatened to undo nearly 100 years of economic and social progress. But one goal stood out: the dismantling of the administrative state.1

Since the inauguration in January, we’ve seen Trump and his administration use executive authority to tear down parts of the government, piece by piece, and to pave the way for an autocratic, neoliberal state that would have made even Ronald Reagan nervous. One of the first steps to undo the administrative state was to repeal the Affordable Care Act. To do this, Trump needed the help of his party, but as has been clear for a generation now, the Republican Party is incapable of governing.

Economist and former secretary of labor Robert Reich notes as much in a piece, “No, Paul Ryan, Your Healthcare Defeat Wasn’t Because of ‘Growing Pains,'” published yesterday. He writes about the Republican Party

Their real problem isn’t the “growing pains” of being out of power. In reality, the Republicans who are now control the House – as well as the Senate – don’t like government. They’re temperamentally and ideologically oriented to opposing it, not leading it.

Repealing Obamacare wasn’t the problem. The Republicans had all the pieces necessary to do it: they had a majority in the House and a Senate process in place to pass it. They had a president ready to rubber-stamp whatever bill he received.

The political reality, however, required them to craft a replacement plan, and the party of “nay” couldn’t do it. They couldn’t figure out how to actually make a better plan and sell it to members of their own party, much less the American people.

Aside from trying to repeal Obamacare, the Republicans spent the entire Obama presidency fighting him on two very public fronts: raising the debt ceiling and passing a Federal budget. Those battles culminated in a downgrade of the US government’s credit rating in 2011 and in the government shutdown in 2013. Both are coming up on the Congressional agenda in the coming months, and both will require making an actual plan. Unless the Congressional leadership reaches out to Democrats to counteract the persistent “nay” votes, expect more of what we saw during the Obama presidency. Congress will kick the can down the road and will pass more continuing resolutions to keep the government from shutting down.

This however doesn’t mean that the Republicans can’t succeed in tearing down the government. Dismantling the administrative state won’t always require replacement legislation to do so. There’s plenty of opportunities for Republicans to do lots of, what Robert Reich calls, “irrevocably awful” things between now and when we get to vote for a competent government in 2018.


  1. Bannon actually said “deconstruction of the administrative state,” but he meant “dismantling.” Deconstruction means to take something apart to analyze it, not to destroy it. 

Senate Eliminated Broadband Consumer Privacy Protections Today

Earlier today, the Senate voted 50-48 to repeal rules meant to protect broadband consumers’ privacy from being collected and sold by requires Internet Service Providers (ISPs). The rules, passed last October in the final months of the Obama administration, required ISPs to do two simple things:

  • allow users to opt-out of collecting consumer data
  • require ISPs to opt-in to the collecting of more sensitive data, such as financial information and browsing history

This still has to pass the House and get signed by the President, but if you’re expecting either to block passage of this repeal, I have a bridge to sell you.

With the Senate passing the repeal, those rules protecting your privacy are now history. Your ISP can collect and market any information they have about you or can gather through sniffing your broadband connection. Of course, in an ideal world, you could switch to another ISP, which might not do this collecting. But because of the great expense required to enter the broadband market, there is no true ISP competition. Hell, even a well-heeled company like Google couldn’t penetrate this market. Online privacy is basically toast.

As an armchair political observer, two things stick out:

  1. Is this against the Senate’s own rules? Repealing these rules was because Congress passed and the President ratified the “Congressional Review Act.” The Act’s aim is to allow Congress to repeal any rules that had passed in the last months of the Obama administration with a simple majority, which the Republicans currently have in both chambers. Accordingly, repealing broadband privacy protection rules needed just a simple majority, rather than the filibuster-proof sixty-plus votes required to pass new legislation. I wonder if someone could argue that repealing old laws requires the passage of a new law. Isn’t that how it worked with Prohibition: repealing the 18th Amendment required passing the 21st Amendment?

  2. Since when is privacy a partisan issue? Except for the legislators who are in the pockets of the telecom industry, I don’t see how this is a partisan issue, where fifty Republicans supported it and forty-eight democrats opposed it. I can’t imagine how even the most right-wing fascist would be in favor of this, much less entertain the idea of a left-wing extremist consenting to corporations harvesting selling our consumer data. Like globalization, free trade, and income inequality, these are issues that bind the left and the right together more than it divides them. I thought only corporate fat cats and their lap dogs favor this kind of stuff.

Perhaps it’s time to consider tunneling all your traffic through a VPN to protect your privacy, although that is not a very practical solution.

A Week Later

A week ago, it seemed like the US was on the cusp of having its first woman president of the United States. We had been preparing for this moment for a very long time, and as early as May, well before the party nominations were wrapped up, the New York Times published this map. They projected Clinton to carry these states.

It didn't work out this way.

It didn’t work out this way.

As you know, things didn’t turn out that way.

Were Clinton voters and democrats living in a filter bubble, similar to the one Mitt Romney supporters inhabited that made their candidate’s loss in 2012 unthinkable? Did the Democrats think that they could just run anyone against Trump and that the voters would reject an emotionally unstable, intellectually vacuous, and bigoted white man from New York?

The shock of a Trump presidency has been very difficult to process. It’s embarrassing that we as an electorate voted this way. A man who who has been a huckster and a charlatan will be a peer to the Roosevelts, John F. Kennedy, Abraham Lincoln, and Thomas Jefferson. A man who’s name signified tackiness enshrined in gold will be the chief executive of the country. A man whose companies have declared bankruptcy several times will be the one who will be negotiating treaties and passing budgets. (I wonder what will happen when the debt ceiling will need to be raised in the March 2017: my guess is draconian cuts to spending and an attendant economic recession.)

No matter how embarrassing it is to watch Americans install a caricature of a successful businessman in the White House, the prospect of who will be running the federal government is an even more chilling prospect. Are we setting up to live in an autocracy? It certainly seems feasible with a pliant and spineless Republican Congress who will choose party over country every time. Our only hope is that the petit bureaucrats in Washington do their thing and bring sensible inaction to their jobs, but when did they ever come through for us?

Around here, the election and the aftermath has been a lot like a death. Many of us are in mourning, knowing that a lot of the the progress we made in the last decade will almost certainly evaporate. Many us fear what will come in terms of deportations, anti-semitism, rampant racism, misogyny, science denial, and good old fashioned crony capitalism. And we are stung by the unthinkable reality of an uncertain future as a failed state. As in mourning, emotions overwhelm rational thought.

But once we start to think more clearly, weren’t we unsatisfied with Hillary Clinton as the standard bearer for not only the Democrats but also for American women. Back in the spring, I wondered whether the ascendance of Bernie Sanders as a viable candidate was partly due to women supporting him—not Hillary Clinton—because they were hoping for someone better to be the first woman president. Sanders was more aligned with their interests, despite being a man, than Clinton was simply for being a woman. It reminded me of the days when the Democrats would try to put forward someone like Jesse Jackson or Al Sharpton as the first black presidential candidate of their party. We deserved better. And in time, we got Barack Obama. We deserve better than Hillary Clinton and someday we will know who that better candidate will be.

And after this mourning period, we start to move on and begin to see silver linings. One such bright spot Trump’s victory is that the Democrats and the nation have finally gotten rid of the Clintons and their moderate liberalism. They not pulled this country so far right that Richard Nixon could be a liberal Democrat today, as Lawrence Lessig pointed out last Wednesday morning, they unabashedly [sold the party out to Wall Street]. He published that piece hours after many of us awoke to realize that Trump would be the 45th president of the United States, and, at the time, it was cold comfort for what the future could hold. In time, we’ll excitedly move on.

And that is what must happen after the death of a loved one or a similarly stunning loss. We will move on. Things will never be the same again, but we will cope, and as a country, we will get through it.