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Comment: Re:And blocked in court in 3, 2, 1 . . . (Score 1) 234

by SEE (#49162143) Attached to: As Big As Net Neutrality? FCC Kills State-Imposed Internet Monopolies

First, under the test used in both the majority and concurring opinions in Nixon v. Missouri Municipal League, the enacted legislation must have specifically named municipal entities in order to affect them; general wording (such as "any entity") doesn't work, and no executive action can change that.

Second, Federal law supersedes state law precisely insofar as the Federal government is allowed to legislate in the area at all, and the majority opinion in Nixon v. Missouri Municipal League says Federal law can't make states allow their own municipalities to sell Internet.

Comment: Re:One Word ... (Score 1) 234

by SEE (#49162117) Attached to: As Big As Net Neutrality? FCC Kills State-Imposed Internet Monopolies

The Federal Government can no more authorize a municipality to provide Internet service outside its "imaginary boundaries" than it may authorize a municipality to enforce its city ordinances outside its "imaginary boundaries". The geographic scope of the powers of municipalities is an internal matter of the organization of the state government for the same reasons the existence of ans such powers is an internal matter of the organization of the state government.

+ - Virgin Media censors talk of "bufferbloat" on their discussion forums->

Submitted by mtaht
mtaht writes: Given that bufferbloat is now fixed by fq_codel and the sqm-scripts for anyone that cares to install openwrt and derivatives on their home routers (or use any random linux box for the job), AND standardization efforts for the relevant algorithms near completion in the IETF, I went and posted a short, helpful message about how to fix it on a bufferbloat-related thread on Virgin Media's cable modems... And they deleted the post, and banned my IP... for "advertising". I know I could post again via another IP, and try to get them to correct their mistake, but it is WAY more fun to try to annoy them into more publically acknowledging their enormous bufferbloat problems and to release a schedule for their fixes. Naturally I figured the members of slashdot could help out Virgin and their customers understand their bufferbloat problems better. My explanations of how they can fix their bufferbloat, are now, here.
Link to Original Source

Comment: Re:And blocked in court in 3, 2, 1 . . . (Score 2) 234

by SEE (#49159513) Attached to: As Big As Net Neutrality? FCC Kills State-Imposed Internet Monopolies

Just like states are only part of the country?

No, not "just like" that at all. There are three basic classes of entity in US constitutional law - the Federal Government, the states, and individual people. States are not organs of the Federal Government, but legally separate entities with independent rights and powers. On the other hand, municipalities are mere organs of the state.

Comment: Re:One Word ... (Score 4, Informative) 234

by SEE (#49157235) Attached to: As Big As Net Neutrality? FCC Kills State-Imposed Internet Monopolies

Given the 8-1 decision in Nixon v. Missouri Municipal League in 2004, it's essentially certain that this FCC action will be overturned by the courts. The FCC doesn't have a legal leg to stand on.

In that case, the Supreme Court ruled that federal law did not and could not preempt a Missouri state law that prohibited municipalities from providing Internet service. Of the eight-member majority in that case, five (Kennedy, Ginsburg, Breyer, Scalia, and Thomas) are still on the court.

Comment: And blocked in court in 3, 2, 1 . . . (Score 2, Interesting) 234

by SEE (#49156927) Attached to: As Big As Net Neutrality? FCC Kills State-Imposed Internet Monopolies

As a constitutional matter, municipalities do not have any independent existence; they are organs of the state governments. Municipal governments only have whatever powers states choose to give them, and the federal government may not commandeer a state government. So if a state chooses to deny its municipalities the authority to sell Internet access (or sell it below a certain price), then no declaration from the FCC can give the municipality that power, nor require the state to give a municipality that power.

So, all this vote means is the FCC majority has decided to waste a bunch of taxpayer dollars losing a lawsuit.

Comment: Re:Environmental Factors? (Score 1) 180

by SEE (#48715527) Attached to: 65% of Cancers Caused by Bad Luck, Not Genetics or Environment

The problem with sophistry is that Aristotle himself arrived at the following "facts" through strict reasoning (as opposed to, you know counting or measuring:

(1) Women have fewer teeth than men

That's a very common lie about Aristotle, but it's false. The exact quote from Aristotle (On the Parts of Animals: Book III) is:

âMales have more teeth than females in the case of men, sheep, goats, and swine; in the case of other animals observations have not yet been made.â

That is, Aristotle did not "reason" that women had fewer teeth than men; he depended on a mistaken observation. Much like every textbook between 1923 and 1956 misreported the number of human chromosomes as 48 instead of 46 because of mistaken observation.

(Except, of course, more forgivable in Aristotle's case, because between tooth loss/decay and irregular rates of wisdom tooth formation, observations of human tooth number is a lot noisier than observations of human chromosome number. Lots and lots of textbooks managed to publish the 48 number right next to photographs clearly showing 46 chromosomes.)

Comment: Re:If I was running counter-intelligence for the C (Score 2) 340

by SEE (#48395601) Attached to: Alleged Satellite Photo Says Ukraine Shootdown of MH17

I have no idea why a sane person would suspect Mossad.

Oh, that's simple. The Russian tradition of conspiracy theory always blames the Jews. If you're the sort of person used to reading and believing conspiracy theories that justify Russia, it would take exceptional intellectual effort and insight to realize blaming the Jews makes no sense at all in a particular case.

"Consequences, Schmonsequences, as long as I'm rich." -- Looney Tunes, Ali Baba Bunny (1957, Chuck Jones)

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