Verizon: Throttling Data Speed Is Constitutionally Protected

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Verizon throttling your download speed? No worries, line 2,439 of the U.S. Constitution says it's okay. :rolleyes:

If the idea of an internet service provider selectively restricting your data speeds doesn't sit well, this probably won't either: Verizon feels that it should be allowed to tweak your bandwidth whenever it wants, and not only that, the company claims the U.S. Constitution gives it the right to do so.
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Is that the phantom clause known in Constitutional scholar circles as "Ye Olde ISPs can do whatever the F they want" clause?
 
So if what Verizon is saying about the First Amendment is true, then that also applies to their customers. If they restrict "throttle" customers, isn't that violating their customers First Amendment rights?
 
Probably has more to do with property and the 5th amendment. Verizon provide the service, equipment and bandwidth or arguably "their" property.

Not saying I agree with it.
 
zacrobmer said:
Probably has more to do with property and the 5th amendment. Verizon provide the service, equipment and bandwidth or arguably "their" property.

Not saying I agree with it.
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They're arguing 1st Amendment...however, being almost all ISPs are engaged in cross border commerce I don't see how you could call the service they provide as pretty much the definition of interstate commerce...which squarely falls into the lap of Congress to regulate.
 
This is either really smart of verizon or really dumb becase what they are doing is trying to get government to turn the "internet" into a public good. Once it becomes a public good they can lobby legislation to further restrict its usage based upon their "ideals" via "donations".

Verizon : Muhaha. we are greedy corporate bastards..gives us more money
Denizens: Oh noes, stop the evil corps....government, please save us
Government: No problem..Internet, thou is now a public good
Verizon: Heh senator X...I see you need a bit of cash. How about you attach this new law which rapes small babies if people pirate to the next defense approrpaites bill and I will support you
 
Skripka said:
They're arguing 1st Amendment...however, being almost all ISPs are engaged in cross border commerce I don't see how you could call the service they provide as pretty much the definition of interstate commerce...which squarely falls into the lap of Congress to regulate.
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Yeah I can't open the page at work. The 5th amendment covers property right so they could be protected in regards to throttling data as they see fit, given that they are providing the bandwidth and equipment.

As far the 10th amendment and the commerce clause, it could allow Congress to step and regulate the throttling, but I'd guess they would side with Verizon in throttling "trouble" issues as they see fit. At least given that they are pretty square in the MPIAA/RIAA's pockets.
 
I thought Comcast lost this battle in a class action lawsuit and had to pay out? I just don't understand the angle of Net neutrality. So Verizon is saying "the internet is neutral so the govt can't tell us what to do."
 
zacrobmer said:
Yeah I can't open the page at work. The 5th amendment covers property right so they could be protected in regards to throttling data as they see fit, given that they are providing the bandwidth and equipment.

As far the 10th amendment and the commerce clause, it could allow Congress to step and regulate the throttling, but I'd guess they would side with Verizon in throttling "trouble" issues as they see fit. At least given that they are pretty square in the MPIAA/RIAA's pockets.
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Steve's linky points to a Tahoo article...that references an Ars Technica posting:

http://arstechnica.com/tech-policy/2012/07/verizon-net-neutrality-violates-our-free-speech-rights/
 
I thought Verizon didn't throttle in the first place...why are they saying shit like this?

If they begin throttling grandfathered unlimited data users in the middle of a contract, I can smell a class action lawsuit a-brewin'.
 
Well you see, line #2 of my commandments says "thou shalt not fuck me". So Verizon's throttling is directly against me, which is above any constitution. Good news is that there's a lot of other internet service providers won't don't pull this bullshit.
 
I love Charter. Great support, Great Service, Great price, Great speed, and none of this Bullshit.

(Disclaimer: This applies only to my area and service. Yours may greatly differ.)
 
amazing!

Love the poor example of the news paper... doesn't really fit.

A better example would be the phone lines. Don't know the details but I would guess there rules about access to phone lines that are owned by different companies and open access to allow anyone to call anyone????
 
MacLeod said:
Verizon: The next EA
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Isn't it kind of funny how quickly Verizon seems to be falling off? It seems that not too long ago Verizon was the shit for everything it did where now a days they just seem to be getting worse and more expensive.

But hey, I say let them do what they want, in the end they will either change because customers will start saying "Fuck you!" or they'll crash and burn. Either way it'll work itself out because honestly, as "sheeple" and weak most are its going to get to a point where $250 phone bills for 1GB of network usage is going to become too much to handle.
 
"Broadband networks are the modern-day microphone by which their owners [e.g. Verizon] engage in First Amendment speech,"
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LOL talk about bad analogy... What huh? So Verizon is providing the content of the entire internet??? I didn't realize that the "can you hear me now" guy was the one that built and wrote all content on the internet.
 
How about this: let Verizon throttle you all they want and no one complains! But they have to give something up.... their local monopolies.
 
The company claims that enforcing such a standard violates the free speech rights of its owners.
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This is the money quote. Verizon believes that net neutrality violates the free speech right of its owners. This makes no sense, since all net neutrality does is say that all data is treated the same, not that the data is being changed. They will lose.
 
Parmenides said:
How about this: let Verizon throttle you all they want and no one complains! But they have to give something up.... their local monopolies.
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So... other companies will then have to rip up the streets to lay down their own network? That will be expensive and intrusive too.
 
Damnit Citizens United, damnit!

There arguments are just getting downright silly. Adapt your business model or die. I hate it when companies - in lull of innovation and evolution - decide their best option to litigate and/or change laws to suit their own interests.

And the main issue with the "throttling" isn't so much the throttling, it's their blanket use of the word "unlimited". Un (meaning not) and limited (meaning no limits).
 
out of 2 evils, I'd rather have throttling than bandwidth caps with overage charges
 
Spidey329 said:
And the main issue with the "throttling" isn't so much the throttling, it's their blanket use of the word "unlimited". Un (meaning not) and limited (meaning no limits).
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even in the optimal state, unlimited is not really unlimited.
even full 4g is limiting. I want 9999g speed.

unlimited*


*you can download for an unlimited time at slower speed.
 
PornoSatan said:
ISP's do both.
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some US isps don't throttle, but they charge extra for anything over 250gb per month.

that's a severe limitation on the porn i can download.
If they only throttle the speed without bandwidth caps, I can still get several pornos per day
 
I've "throttled" my excessive cash-flow to Verizon by cancelling my service with them. I suggest every other Verizon customer that has more spine than a jellyfish do the same.

Please.
 
gibber said:
I've "throttled" my excessive cash-flow to Verizon by cancelling my service with them. I suggest every other Verizon customer that has more spine than a jellyfish do the same.

Please.
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so, you're going back to unthrottled dial up ?
 
Benjamin Franklin wanted to add Internet Freedom to the Bill of Rights:

"See this electricity thing. Not only is it power, it's also a means of communication. One day, probably by 1850, men will be sending communications across the world on an inter-continental network, or 'internet' for short... "

But, the the Founding Fathers figured the "internet" would just be used for porn and so was beneath the dignity of the Bill of Rights.
 
dr.kevin said:
some US isps don't throttle, but they charge extra for anything over 250gb per month.

that's a severe limitation on the porn i can download.
If they only throttle the speed without bandwidth caps, I can still get several pornos per day
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The point is what they're doing is opposite of where technology is going. HD streaming, digital downloads, everything is becoming streamlined through the internet. The fact that ISP's introduce a cap and throttle is kind of offensive.
 
Anyone remember Sandvine? Bittorrent wasn't their only target. Sandvine affected me when I was doing a simple HTTP download of a Linux ISO. Comcast paid a $16 million dollar fine for their actions. I would like to see the FCC come down on Verizon like a sack of hammers.
 
It is there in the constitution. Right next to the part where I get to bang supermodels, after receiving a Nobel for negotiating world peace, while my second ex wife cooks me dinner, my first ex brings me a beer, and my third ex cleans my house, all after returning the alimony checks they received.

If you are going to make shit up Verizon, why not go all the way.
 
This is so stupid, it will probably get a law in support and it will be named Verizon Revenue Enhancement Act. At least if their lobbyists have anything to say about it.
 
It's not their "right" to have a data cap that is really the issue. The real issue is whether they are violating antitrust (unfair monopoly) by being both the provider of the content and the seller of the bandwidth.

With Verizon, Comast, Time Warner, etc... you have companies that both provide "cable tv" service and sell that content AND provide internet access. If they are enabling data caps in order to protect their television programming sales that's an unfair monopoly. They are building the parts that go in the bicycle, they are building the bicycle, and they are the company that ships you the bicycle. Think you might be paying more than you should to acquire a bicycle? You're right.

We have a situation where they are manipulating the access to the internet solely to protect their other interests.

If that's how this is going to be, then we will have to break them up just like the Baby Bells.
 
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