Net Neutrality Comments: FCC Refuses To Release Thousands Of Complaints
The Federal Communications Commission denied a request to extend the period of public comments on its plan to overturn net neutrality rules and a request to release the text of tens of thousands net neutrality complaints the commission has received.
Earlier this year, the National Hispanic Media Coalition (NHMC) filed a Freedom of Information Act (FOIA) to gain access to more than 47,000 complaints from internet users filed against their internet service provider. The NHMC also asked for the deadline for public comments to be extended until 60 days after the commission complied with the FOIA request.
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The FCC chose not to extend the comment period, which would have allowed for additional public input on the current plan to roll back net neutrality protections, and agreed to release just a small sampling of complaints against ISPs because releasing them in full would be too burdensome.
The net neutrality complaints the NHMC attempted to gain access to would have included the text of formal complaints filed by users against ISPs who may have violated net neutrality rules. When the complaints are filed to the FCC, they are forwarded to the ISP. The service provider then has 30 days to respond to the commission and customer.
The FCC’s proposal to undo net neutrality rules established under the Barack Obama administration generated more than 10.4 million comments during the public commenting period despite a considerable amount of controversy surrounding the issue.
The comment site came under siege by a distributed denial-of-service (DDoS) attack following a segment on John Oliver’s HBO show Last Week Tonight. The attack made it impossible for people to leave comments just after Oliver called for people to show their support for current net neutrality protections.
Shortly after the DDoS attack, a wave of identical comments supporting the FCC’s proposal began appearing. More than 450,000 comments were posted using data gathered from real estate websites to attach personal information to the comments without permission, including names, addresses, and contact information of people who did not post the comments.
Despite a promise from FCC Chairman Ajit Pai to make the process of adopting his proposed rules as transparent as possible, the commission has denied requests to release details of the apparent DDoS attack—which it has since admitted it has no documented analysis of—or investigate the influx of automated comments.
Chairman Pai’s plan, known as “Restoring Internet Order,” would undo a decision by former FCC Chairman Tom Wheeler to reclassify the internet as a public utility and ISPs as common carriers under Title II of the Communications Act. The rule made it possible for the FCC to regulate telecommunications companies in order to enforce net neutrality.
The “Restoring Internet Order” would also open the possibility to reexamine and remove the “bright line” protections of net neutrality, including prohibiting ISPs from blocking content, throttling or slowing connections, and implementing paid prioritization plans that provide preferential treatment to companies that pay more.
A recent poll conducted Freedman Consulting found Americans overwhelmingly support current net neutrality protections. The poll found 77 percent of Americans—including 73 percent of Republicans, 80 percent of Democrats, and 76 percent of independents—want to keep net neutrality protections. More than eight in 10—81 percent— of people said ISPs should not be able to block websites, throttle or slow connections, or offer paid prioritization.
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