November, 21 2017, 11:30am EDT
Chairman Pai's Plan to Destroy Net Neutrality Is Built on a Mountain of Lies That Will Crumble in Court
Federal Communications Commission Chairman Ajit Pai plans a full repeal of Net Neutrality protections, exposing internet users to blocking, throttling and paid prioritization of online content by the handful of internet service providers that control access in the United States.
WASHINGTON
Federal Communications Commission Chairman Ajit Pai plans a full repeal of Net Neutrality protections, exposing internet users to blocking, throttling and paid prioritization of online content by the handful of internet service providers that control access in the United States.
Pai will release his proposed rule changes on Wednesday. According to reports, the chairman will seek to overturn nearly all of the Net Neutrality safeguards put in place during the Obama administration. In 2015, the FCC grounded its Open Internet Order in Title II of the Communications Act, a move that follows the laws Congress wrote and that federal appeals courts have twice upheld.
Pai is planning to eliminate the "bright line rules," which prohibit blocking, throttling and paid prioritization. His proposal would also take away the general conduct rules and other protections against cable- and phone-company discrimination. Under the current rules, ISPs can't "unreasonably interfere with or unreasonably disadvantage" people's ability to access and use the lawful content, applications, services or devices of their choosing.
This broader mandate to prevent unreasonable ISP discrimination, even when it doesn't fall neatly under a bright-line prohibition, is crucial to preventing interference with internet traffic at interconnection points and other "upstream" bottlenecks that ISPs can abuse.
Even worse, Pai plans to remove Title II classification of broadband internet access service providers. Title II gives the FCC the authority to treat companies like AT&T, Comcast and Verizon as common carriers of internet content. Common carriage promotes interconnection, universal service and competition among carriers, and is essential to preserving free speech for those who use the communications network.
Pai's proposal reportedly does little to clarify what authority the FCC would have to protect the open internet going forward, leaving the transparency rules the agency might retain on shaky legal ground at best.
The FCC plans to vote to overturn the 2015 protections at its open meeting on Dec. 14. The December decision will be the culmination of a seven-month proceeding, during which tens of millions of people urged the agency to preserve the safeguards put in place under the Obama administration.
Free Press Policy Director Matt Wood made the following statement:
"What Chairman Pai has proposed is dangerous and wrong, and he's going about it in the most incoherent and incompetent way possible. The proposed rollback of Net Neutrality rules makes no sense. It ignores the will of people from across the political spectrum who overwhelmingly support these protections. It ignores the law and the courts, which have repeatedly upheld the 2015 Title II rules. And it ignores the vibrancy of the internet marketplace following adoption of that 2015 order, with incontrovertible economic data showing that both investment in networks and online innovation are flourishing under the very same rules Pai wants to destroy.
"Despite Pai's fanciful tales of gloom and doom, there's no need for a reactionary rewiring of the FCC's rules. Free Press has shown time and again that Title II is the best and only foundation in present law for Net Neutrality rules; it also gives the FCC the authority to enforce other rules related to broadband affordability, privacy and competition. All of this would be lost if Pai insists on jettisoning Title II.
"All of Pai's bluster is simply cover for yet another massive giveaway to the handful of media conglomerates that want to control communications in the United States. The most-hated and worst-rated companies will be free to block, throttle and discriminate against your speech on the internet if Trump's FCC chairman gets his way. Companies like AT&T, Comcast and Verizon will be free to censor online speech and manipulate economic activity to their favor, while taking away the educational opportunities and political-organizing tools essential to millions of people across the country.
"The open internet uplifts the voices of people of color and racial-justice advocates, activists and dissenters of all stripes, independent content creators and journalists, and entrepreneurs. That's why these constituencies have joined together, alongside millions of individual internet users, to demand that the FCC leave the 2015 rules in place.
"Pai admitted in April, even before he launched this process, that he'd already made up his mind to unravel these popular protections and abandon the legally sound definition that makes Net Neutrality enforceable. But to surrender the FCC's authority to keep the internet open, Pai has had to prop up flimsy economic and legal arguments. He's repeatedly lied about the state of investment in networks, which have actually increased in the two years since the rules went into effect.
"Ajit Pai is the sole cause of any legal or economic uncertainty affecting ISPs right now, because that's exactly what his knee-jerk proposal to abandon the prior administration's achievements creates.
"One thing is certain: If passed, this proposal will face withering scrutiny in court. The FCC has lost every time it's tried to base open-internet protections on anything other than the Title II authority granted to the agency by a bipartisan congressional vote. This time should prove no different."
Free Press was created to give people a voice in the crucial decisions that shape our media. We believe that positive social change, racial justice and meaningful engagement in public life require equitable access to technology, diverse and independent ownership of media platforms, and journalism that holds leaders accountable and tells people what's actually happening in their communities.
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'Monumental': Advocates Applaud Federal Rule to Protect Workers From Extreme Heat
The administration has established that "every worker in America has the right to shade, water, and rest while working in temperatures that could kill them," a labor leader said.
Jul 02, 2024
Labor advocates celebrated on Tuesday following the Biden administration's announcement of a proposed rule to protect workers from extreme heat—the first national workplace heat safety standard.
The Occupational Safety and Health Administration (OSHA), an agency within the U.S. Department of Labor, published the rule, which the administration says would protect about 36 million indoor and outdoor employees from heat-related injuries and illnesses. It follows similar regulations that five states have approved in recent years.
Labor groups said the rule was the result of decades of advocacy by farmworkers and others subjected to extreme heat, who tend to be working-class people of color or immigrants. The movement was galvanized by heat-related deaths in workplaces around the country.
"This is a bittersweet moment for farmworkers," United Farm Workers president Teresa Romero said in a statement. "Every significant heat safety regulation at the state, and now federal, level was written in the blood of farmworkers."
"Today, the federal government put itself on the right side of history by seeking, for the first time, to establish the precedent that every worker in America has the right to shade, water, and rest while working in temperatures that could kill them," Romero added.
Juley Fulcher, a worker health and safety advocate at Public Citizen, an advocacy group that first called for a federal workplace heat protection standard in 2011, said in a statement that the OSHA rule was a "monumental victory for those who toil in the summer heat."
President Joe Biden has and will continue to protect workers. This President continues to show us where his priorities lie.
Thank you for prioritizing workers' right to safe working conditions, @POTUS. https://t.co/D4YMvWgIml
— Machinists Union (@MachinistsUnion) July 2, 2024
The focus on protection from heat comes as millions of Americans are under heat advisories this week and fossil-fuel driven climate change causes record-setting temperatures month after month.
The OSHA regulation, which will be the subject of written comments and a public hearing before being finalized, requires worker access to clean drinking water, indoor or shaded areas, rest breaks, and heat-related training. The regulation contains tiers so that certain protections kick in at a heat index of 80°F and still more at 90°F. The rule mandates an acclimatization process for new employees, as they are especially at risk in high temperatures.
The rule would also substantially increase the penalties that employers might pay in the case of heat-related employee injuries, according toThe Guardian.
Bill McGuire, a climate scientist at University College London, wrote on social media that the new rule was "absolutely vital" but warned that "working outside will not be possible at all in the extreme summer temperatures that coming years will bring."
The federal rule comes amid a push by labor and environmental groups to establish more workplace protections against extreme heat. Rep. Greg Casar (D-Texas) helped organize a "thirst strike" with unions and civil society groups on the U.S. Capitol steps last July. Responding to bottom-up pressure, California, Colorado, Oregon, Minnesota, and Washington have passed workplace heat safety standards in recent years.
Industry groups have lobbied against the rules, with remarkable success in states such as Florida and Texas, both of which have gone as far as passing laws that prohibit local authorities from mandating heat protections for outdoor workers. The Texas law was ruled unconstitutional by a state district court judge last year.
The new federal rule comes as a part of a larger administration effort to address the extreme heat that Americans are increasingly facing. An OSHA program that began in 2022 has conducted more than 5,000 heat-related inspections in workplaces with the most heat exposure, according to a Labor Department statement.
Separately on Tuesday, the Department of Homeland Security and the Federal Emergency Management Agency (FEMA) announced a set of 656 projects aimed at preparing for extreme heat and other weather disasters, at a total cost of nearly $1 billion.
Jean Su, energy justice director at the Center for Biological Diversity, said in an emailed statement that the project funding "only scratches the surface of the nation's enormous need for tools to combat extreme heat" and pushed for FEMA to classify extreme heat and wildlife smoke events as "major disasters," which would unlock much more key funding.
Su did praise OSHA's "landmark rule" and called for an "urgent, government-wide game plan to tackle catastrophic extreme heat."
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Israeli Bombings Kill More Palestinians as 250,000 Ordered to Evacuate Khan Younis
"It means yet another day, week, chapter of misery for these hundreds of thousands of people," said one United Nations worker.
Jul 02, 2024
Hearing once again from the Israel Defense Forces that they must evacuate to a so-called "humanitarian zone," hundreds of thousands of Palestinian people in the southern Gaza city of Khan Younis on Tuesday were forced to search for safety ahead of a likely ground offensive in the city.
The United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) said that roughly 250,000 people are living and seeking shelter in the evacuation zone—more than 10% of Gaza's population of 2.3 million.
The evacuation order, which was posted on social media on Monday, also includes nearby localities including al-Qarara and Bani Suhaila.
The IDF said after the order was announced that patients and healthcare providers at European Hospital, the largest operating medical facility in Gaza, were not required to evacuate, but the hospital director told the Associated Press that most had already been relocated.
"The hospital staff and the patients decided to already evacuate themselves," said Rik Peeperkorn, World Health Organization representative for the occupied Palestinian territories, in a press briefing. "We plea the European Gaza hospital will be spared, will be non-damaged."
Peeperkorn said three patients remained at the hospital.
Since Israel began its assault on Gaza and its near-total blockade on humanitarian aid in retaliation for a Hamas-led attack in October, the IDF has attacked hospitals across the enclave, even as they have served as shelters for forcibly displaced people.
The IDF has ordered evacuations from places including northern Gaza and the southern city of Rafah—only to bomb so-called "safe" zones after displacing people.
In late May, at least 46 people were killed when Israel bombed a tent encampment in a "humanitarian area" in Rafah after beginning a full-scale ground invasion of the city, where more than a million people had been displaced. At least 25 people were killed in another attack on an encampment in the area last month.
Sam Rose, a planning director for UNRWA, toldAl Jazeera that the latest evacuation order put a quarter of a million people in a "harrowing, horrific, and incredibly difficult" situation.
"It means yet another day, week, chapter of misery for these hundreds of thousands of people," said Rose. "Most of them have been displaced several times. Some had just returned from Rafah where they were displaced a few weeks ago... They go without knowing precisely where they will end up because this evacuation order told people to go urgently—they know that if they don't go out within 24 hours the worst is to come."
Soon after the evacuation order, at least nine people were killed in an Israeli strike on a home near European Hospital in Khan Younis.
Rose noted that the coastal area of al-Mawasi, where many people will likely go, is "already so overcrowded. There is no room to pitch a tent, there is no water, no infrastructure, no sanitary services. Many spend the night in vehicles or they sleep on their donkey carts."
Louise Wateridge, a spokesperson for UNRWA, told The Washington Post that the forced displacement is taking place amid temperatures over 86°F "every day."
"Even the healthiest people will struggle to make a move in this heat with lack of food, with lack of water," she said. "And then where do they go? That's the next question."
Ahmed al-Najjar, a 26-year-old resident of the Bani Suhaila neighborhood, toldAgence France Presse that with nowhere to flee, his family has been forced to stay in the area after first attempting to leave.
"We did not know where we would go and we do not have enough money to buy a new tent," he said. "We had to spend the night on the street and that has increased our stress. This morning we decided to go home again. There is nowhere else... Whatever happens, happens. We have nothing to lose now."
The IDF's apparent plan to expand its assault on Khan Younis came as The New York Timesreported that security leaders in Israel are pushing for a cease-fire in Gaza, objecting to Prime Minister Benjamin Netanyahu's plan to continue the assault until Hamas is eliminated—an objective even some top Israeli military officials believe is impossible—and all Israeli hostages are released.
The Times reported that senior military officials believe a cease-fire is the "swiftest way" to free captives remaining in Gaza.
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Bernie Sanders: Right-Wing Supreme Court 'Out of Control' and Must Be Stopped
"At a time of massive income and wealth inequality, billionaire control of our political system, and major threats to the foundations of American democracy, it is clear to me that we need real Supreme Court reform."
Jul 02, 2024
In the aftermath of the right-wing U.S. Supreme Court's potentially deadly rampage against federal regulators, its ruling in support of the criminalization of homelessness, and its decision to grant former President Donald Trump sweeping immunity from criminal prosecution, Sen. Bernie Sanders said late Monday that nation's highest judicial body is "out of control" and must be reined in before it can inflict even more damage.
"Over the years, among other disastrous rulings, this right-wing court has given us Citizens United, which created a corrupt, billionaire-dominated political system," Sanders (I-Vt.) said in a statement. "It overturned Roe v. Wade, removing women's constitutional right to control their own bodies. Last week, the court chose to criminalize poverty by banning homeless encampments in public spaces—forcing more poor people into the cycle of debt and poverty."
"With the Chevron case," the senator continued, "they have made it far more difficult for the government to address the enormous crises we face in terms of climate change, public health, workers' rights, and many other areas. And, today, the court ruled in favor of broad presidential immunity, making it easier for Trump and other politicians to break the law without accountability."
"A strong, enforceable code of ethics is a start, but just a start. We'll need much more than that."
Such far-reaching and devastating decisions, Sanders argued, highlight the extent to which unelected Supreme Court justices—with the backing of
right-wing billionaires and corporations bent on sweeping away all regulatory constraints—have arrogated policymaking authority to themselves with disastrous consequences for U.S. society and the world.
"If these conservative justices want to make public policy, they should simply quit the Supreme Court and run for political office," said Sanders. "At a time of massive income and wealth inequality, billionaire control of our political system, and major threats to the foundations of American democracy, it is clear to me that we need real Supreme Court reform. A strong, enforceable code of ethics is a start, but just a start. We'll need much more than that."
The Supreme Court is out of control.
If these conservative right-wing, corporate-sponsored justices want to make public policy, they should simply quit the Supreme Court and run for political office. pic.twitter.com/jrm3ZdSti8
— Bernie Sanders (@SenSanders) July 1, 2024
Sanders did not make specific reform recommendations beyond an ethics code in his statement Monday, but he has previously suggested rotating judges off the Supreme Court—which would effectively end lifetime appointments.
The Vermont senator's progressive colleagues floated a range of possible actions following the high court's presidential immunity ruling on Monday, including adding seats to the Supreme Court and impeaching individual justices.
"Today's decision, along with the court's decision to overturn Chevron, is an assault on the separation of powers under the Constitution," Sen. Elizabeth Warren (D-Mass.) said in response to the court's ruling in Corner Post Inc. v. Board of Governors of the Federal Reserve System.
"An extremist Supreme Court stacked by Donald Trump has snatched power away from an elected Congress and handed lawmaking power over to a few far-right unelected judges," Warren added. "This Supreme Court is undermining the foundations of our democracy; Congress must restore balance by adding more justices to the court."
The Supreme Court's recent flurry of rulings has already thrown
existing cases into chaos and opened the floodgates to new corporate-backed lawsuits against longstanding federal regulations.
The Washington Postreported Sunday that "mere hours after the Supreme Court sharply curbed the power of federal agencies" by scrapping the Chevron doctrine, "conservatives and corporate lobbyists began plotting how to harness the favorable ruling in a redoubled quest to whittle down climate, finance, health, labor, and technology regulations in Washington."
"The National Association of Manufacturers, a lobbying group whose board of directors includes top executives from Dow, Caterpillar, ExxonMobil, and Johnson & Johnson, specifically called attention to what it described as regulatory overreach at the [Securities and Exchange Commission] and the Environmental Protection Agency," the Post noted.
The
U.S. Chamber of Commerce, the nation's largest corporate lobbying organization, and the American Petroleum Institute were also among the big business groups applauding the fall of Chevron, fueling calls for Congress to codify the doctrine into federal law.
The American Prospect's Hassan Ali Kanu wrote Tuesday that the high court's latest term has "demonstrated how lacking our system is in terms of safeguards that can prevent or correct the Supreme Court when it oversteps its authority or engages in unjustified exercises of power."
"President Joe Biden's commission to explore Supreme Court reform produced a number of viable and sensible options," Kanu continued. "Congress could curtail or end judicial review, the power the court aggregated to itself to exclusively interpret the Constitution."
"Even more modest proposals could further democratize the Court and judiciary, like prohibiting them from declining to apply laws passed by Congress unless they have at least a supermajority vote; or implementing sortition, random assignment, and rotation into the process of appointing or assigning judges to the Supreme Court," he added. "At this point, when a six-member majority is literally declaring a former president who appointed three of them to be functionally above the law, against all prevailing opinion, scholarship, analysis, and experience, the case for court reform couldn't be clearer."
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