January 14, 2014 archive

U.S. Appeals Court Deals Major Blow To Net Neutrality

By Reuters

A U.S. appeals court on Tuesday struck down the government’s latest effort to require internet providers to treat all traffic the same and give consumers equal access to lawful content, a policy that supporters call net neutrality.

The Federal Communications Commission did not have the legal authority to enact the 2011 regulations, which were challenged in a lawsuit brought by Verizon Communications Inc, the U.S. Court of Appeals for the District of Columbia Circuit said in its ruling. [..]

During the oral argument in September, Verizon’s lawyer said the regulations violated the company’s right to free speech and stripped control of what its networks transmit and how.

The eventual outcome of the dispute may determine whether internet providers can restrict some content by, for instance, blocking or slowing down access to particular sites or charging websites to deliver their content faster.

As Expected, Court Strikes Down FCC’s Net Neutrality Rules: Now What?

By Mike Masnick, Techdirt

Basically, this is exactly what lots of us said at the start of this whole process. I’ve seen a bunch of reports overreacting to this today, from people saying that it’s “the death of the internet.” It’s not. There are problems on both sides here. The telcos absolutely do want to abuse things to effectively double charge both sides. And that could clearly create significant issues with the basic end-to-end nature of the internet.

However, on the flip side, we should be equally concerned about the FCC overstepping its bounds and mandate in regulating the internet. Because that opens up the opportunity for the FCC to regulate all sorts of aspects of the internet in dangerous ways. So, this ruling is both good and bad. It stops the FCC from overstepping its bounds… but opens up the opportunity for the telcos to sweep in and try to upset the basic concepts of the internet. It’s what happens now that becomes interesting. The court does leave open the possibility that the FCC could use other aspects of its mandate to establish net neutrality rules — where it has a much more firm legal footing. In other words, the court is telling the FCC basically: you can establish net neutrality rules if you do it correctly.

Circuit Court Of Appeals Strikes Down FCC’s Open Internet Order, Net Neutrality Threatened

By Darrell Etherington, TechCrunch

Media watchdog and advocacy agency Free Press released the following statement about the decision via President and CEO Craig Aaron, condemning it while also acknowledging that the Open Internet Order probably wasn’t the best possible solution for enforcing net neutrality:

   We’re disappointed that the court came to this conclusion. Its ruling means that Internet users will be pitted against the biggest phone and cable companies – and in the absence of any oversight, these companies can now block and discriminate against their customers’ communications at will.

   The compromised Open Internet Order struck down today left much to be desired, but it was a step toward maintaining Internet users’ freedom to go where they wanted, when they wanted, and communicate freely online. Now, just as Verizon promised it would in court, the biggest broadband providers will race to turn the open and vibrant Web into something that looks like cable TV. They’ll establish fast lanes for the few giant companies that can afford to pay exorbitant tolls and reserve the slow lanes for everyone else.

   The FCC – under the leadership of former Chairman Julius Genachowski – made a grave mistake when it failed to ground its open Internet rules on solid legal footing. Internet users will pay dearly for the previous chairman’s lack of political will. That’s why we need to fix the problems the agency could have avoided in the first place.

   New FCC Chairman Tom Wheeler recently stated that the FCC must have the ability to protect broadband users and preserve the Internet’s fundamental open architecture. In order to do that, he must act quickly to restore reassert the FCC’s clear authority over our nation’s communications infrastructure. The agency must follow its statutory mandate to make broadband communications networks open, accessible, reliable and affordable for everyone.

   We look forward to working with Chairman Wheeler and the rest of the Commission to protect and preserve real Net Neutrality.

Take Action: Sign the Petition from Netroots Action

A federal appeals court just sided with Verizon and against you, against us, against the Internet.

If this ruling stands, the Internet as we know it will die.

Forget free and open access. Picture a system like cable TV with corporations charging for different levels of access, and blocking access to information they don’t favor!

The Internet is our tool for circumventing the corporate media, for reaching each other with a bit of truth and accuracy, for organizing each other into collective action. We cannot let this one go.

Sign this petition to the FCC, Congress, and the White House now!

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

January 14 is the 14th day of the year in the Gregorian calendar. There are 351 days remaining until the end of the year (352 in leap years).

It is celebrated as New Year’s Day (at least in the 20th & 21st centuries) by countries still following the Julian calendar.

On this day in 1761, the Third Battle of Panipat is fought in India between the Afghans under Ahmad Shah Durrani and the Marhatas. The Afghan victory changes the course of Indian History.

The Third Battle of Panipat took place at Panipat (Haryana State, India), about 60 miles (95.5 km) north of Delhi. The battle pitted the French-supplied artillery and cavalry of the Marathas against the heavy cavalry and mounted artillery(zamburak and jizail) of the Afghans led by Ahmad Shah Durrani, an ethnic Pashtun, also known as Ahmad Shah Abdali. The battle is considered one of the largest battles fought in the 18th century.

The decline of the Mughal Empire had led to territorial gains for the Maratha Confederacy. Ahmad Shah Abdali, amongst others, was unwilling to allow the Marathas’ gains to go unchecked. In 1759, he raised an army from the Pashtun tribes and made several gains against the smaller garrisons. The Marathas, under the command of Sadashivrao Bhau, responded by gathering an army of between 70,000-100,000 people with which they ransacked the Mughal capital of Delhi. There followed a series of skirmishes along the banks of the river Yamuna at Karnal and Kunjpura which eventually turned into a two-month-long siege led by Abdali against the Marathas.

The specific site of the battle itself is disputed by historians but most consider it to have occurred somewhere near modern day Kaalaa Aamb and Sanauli Road. The battle lasted for several days and involved over 125,000 men. Protracted skirmishes occurred, with losses and gains on both sides. The forces led by Ahmad Shah Durrani came out victorious after destroying several Maratha flanks. The extent of the losses on both sides is heavily disputed by historians, but it is believed that between 60,000-70,000 were killed in fighting, while numbers of the injured and prisoners taken vary considerably. The result of the battle was the halting of the Maratha advances in the North.

The Legacy

The Third Battle of Panipat saw an enormous number of casualties and deaths in a single day of battle. It was the last major battle between indigenous South Asian military powers, until the creation of Pakistan in 1947.

To save their kingdom, the Mughals once again changed sides and welcomed the Afghans to Delhi. The Mughals remained in nominal control over small areas of India, but were never a force again. The empire officially ended in 1857 when its last emperor, Bahadur Shah II, was accused of being involved in the Sepoy Mutiny and exiled.

The Marathas’ expansion was stopped in the battle, and soon broke into infighting within their empire. They never regained any unity. They recovered their position under the next Peshwa Madhavrao I and by 1772 were back in control of the north, finally occupying Delhi. However, after the death of Madhavrao, due to infighting and increasing pressure from the British, their claims to empire only officially ended in 1818 after three wars with the British.

Meanwhile the Sikhs, the original reason Ahmad invaded, were left largely untouched by the battle. They soon retook Lahore. When Ahmad Shah returned in March 1764 he was forced to break off his siege after only two weeks due to rebellion in Afghanistan. He returned again in 1767, but was unable to win any decisive battle. With his own troops arguing over a lack of pay, he eventually abandoned the district to the Sikhs, who remained in control until 1849. . . . .

The battle proved the inspiration for Rudyard Kipling‘s poem “With Scindia to Delhi”.

The strength of Afghan military prowess was to both inspire hope in many orthodox Muslims, Mughal royalists and fear in the British. However the real truth of so many battle hardened Afghans killed in the struggle with the Marathas never allowed them to dream of controlling the Mughal Empire realistically again. On the other side, Marathas, possibly one of the only two real Indian military powers left capable of challenging the British were fatally weakened by the defeat and could not mount a serious challenge in the Anglo-Maratha wars 50 years later.

n a multi-part series with the popular astrophysicist Neil deGrasse Tyson, Bill explores a variety of topics, including the nature of an expanding, accelerating universe (and how it might end), the difference between “dark energy” and “dark matter,” the concept of God in cosmology and why science matters. [..]

Starting in March, Tyson will host a new, updated version of the hit PBS television series Cosmos, which made the late Carl Sagan a household name. This time the new series, Cosmos: A Spacetime Odyssey, comes courtesy of the National Geographic Channel and Fox TV.

It was 50 years ago this week that President Lyndon B. Johnson declared the beginning of the “War on Povery” in his first State of the Union address that was given just two months after the assassination of Pres. John F. Kennedy. That was continues today.

Fifty years ago this week, President Lyndon B. Johnson launched his “war on poverty,” which led to many of the federal and state initiatives low-income Americans rely on today – Medicaid, Medicare, subsidized housing, Head Start, legal services, nutrition assistance, raising the minimum wage, and later, food stamps and Pell grants. Five decades later, many say another war on poverty is needed. We are joined by Peter Edelman, author of “So Rich, So Poor: Why It’s So Hard to End Poverty in America.” A faculty director at the Center on Poverty, Inequality and Public Policy at Georgetown University, Edelman was a top adviser to Senator Robert F. Kennedy and a member of President Bill Clinton’s administration until he resigned in protest after Clinton signed the 1996 welfare reform law that threw millions of people off the rolls.

Cross posted from The Stars Hollow Gazette

The number of jobs created in the month of December fell far short of the expected 200,000 and unemployment (U-3) fell to 6.7% the lowest it has been since November 2008. I think the word “disappointing” is an understatement:

Stock futures fell after the report was released.

The slowdown in hiring could cause the Federal Reserve to rethink its plans to slow its stimulus efforts. The Fed decided last month to cut back on its monthly bond purchases by $10 billion. It could delay further reductions until it sees evidence that December’s weak numbers were temporary.

Cold weather may have slowed hiring. Construction firms cut 16,000 jobs, the biggest drop in 20 months.

Still, December’s hiring is far below the average gain of 214,000 jobs a month in the preceding four months. But monthly gains averaged 182,000 last year, nearly matching the previous two years.

The proportion of people working or looking for work fell to 62.8 percent, matching a nearly 36-year low.

As Huffington Post‘s Mark Gongloff writes “unemployment is falling for al the wrong reasons”

One reason for the big drop in unemployment in December was that many, many people dropped out of the labor force — 347,000, to be exact. They stopped looking for work, which made them no longer “unemployed” in the eyes of the Bureau of Labor Statistics.

Click on image to enlarge.

Some of this is due to the fact that Baby Boomers retiring — but only some. Most of it has to do with the fact that the economy is still too weak to create enough jobs to draw people into the market. This is most clearly evident in the fact that younger people are leaving the labor force, too — or never even entering it — because they can’t find jobs.

Meanwhile, Charles Pierce reports that the Republicans keep finding new ways for “screwing the unemployed”

Rob Portman of Ohio, who might have been the 2012 Republican vice-presidential nominee had the Romney people not been terrified that, if they put Romney and Portman on the same stage together, the earth would spin into a dark region of the galaxy made up only of the primeval tedium whence the cosmos came, and we’d all come out named Tagg or something. Now, though, he’s back in the Senate being “reasonable,” which means that Portman felt free to allow an extension of unemployment benefits to come to a vote in the Senate, so Portman then could devise a way to sabotage those benefits because that is reasonable and bipartisan and centrist, and nobody will yell at him on the radio too loudly back in Columbus or Elyria.

   It depends, he said, on whether lawmakers find a way to pay for the $6.4 billion cost. Wednesday, Portman said he has just such a way. He said that people drawing two other kinds of government aid — Social Security disability insurance payments (SSDI) and trade adjustment assistance (TAA) — can simultaneously get unemployment benefits, which he thinks is wrong.It depends, he said, on whether lawmakers find a way to pay for the $6.4 billion cost. Wednesday, Portman said he has just such a way. He said that people drawing two other kinds of government aid — Social Security disability insurance payments (SSDI) and trade adjustment assistance (TAA) — can simultaneously get unemployment benefits, which he thinks is wrong.

The “compromise” on offer is to help the unemployed while stoking the usua; anger at a vague claque of disabled freeloaders elsewhere. Where ever did Portman get the idea that the country’s economy is beset by double-dipping cripples?

The Labor Department reported Friday that in December, the average unemployed person had been out of work for more than 37 weeks.

Meanwhile, “Christiegate.”