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Net Neutrality

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  • R Ravi Bhavnani

    Christopher Duncan wrote:

    how sovereign the property of a company is, as well as its business practices (providing it doesn't break any laws).

    Christopher Duncan wrote:

    telling a company how to run its business strikes me as unfair to the company.

    And therein lies the paradox. The government (supposedly) enacts laws to protect the general population.  Let's say you and I were the only makers of corn flakes (and let's assume the public needs to eat corn flakes in order to survive).  Assuming a box of cereal cost $1.50 to manufacture and ship, we could privately agree to sell a box of cereal for no less than $5.50.  This would ensure we rake in a very healthy profit, without incurring the wrath of the public who has no idea it really costs only $1.50 to make a box of the stuff. The FTC has laws against price fixing and collusion by manufacturers of products to prevent exactly this kind of thing from happening, ostensibly to protect the average Joe.  For this reason, even though you and I may feel the government shouldn't interfere with the way we do business, we would be breaking the law. This is obviously an extremely simplistic example.

    • Deregulation of services in the 80s was intended to give more freedom (and therefore theoretically increase healthy competition) between providers of services, by reducing the influence of government in overseeing pricing.
    • On the flip side (and more recently), Apple has balked at the feds for appointing Mike Bromwich to investigate allegations of the company's alleged violation of anti-trust laws.  Apple's management feels Bromwich is interfering with the company's day-to-day operations by requiring that he be permitted to conduct lengthy meetings with their top brass on an ongoing basis.

    /ravi

    My new year resolution: 2048 x 1536 Home | Articles | My .NET bits | Freeware ravib(at)ravib(dot)com

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    Manuel F Hernandez
    wrote on last edited by
    #68

    "Apple's management feels Bromwich is interfering with the company's day-to-day operations by requiring that he be permitted to conduct lengthy meetings with their top brass on an ongoing basis." This is a red herring. As long as there is due process a company needs to comply. I cant get out of a speeding ticket because it took time for the police officer time to write out a citation can I?

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    • R Rob Lynch

      Ah yes.. maybe so. but do you use google? The way the net neutrality was written would prevent your browser from EVER GOING TO GOOGLE or probably bing or any other site that has a reference to a copyrighted image that could be downloaded and used in a school project by your kids - who didn't pay the copyright fee. The bill is SCARY. It should not be allowed. The copyright laws are enough. Net Neutrality will put us all in an Orwellian society (assuming you dont think that the governmnet's little project in Utah that captures EVERYTHING YOU DO ON THE ITERNET into a GIANT DATAWARHOUSE for analysis and datamining has not already done so. The thought police are living with us today and this just gives them more power than ever. Net Neutrailty is a VERY VERY SCARY thing. KILL THE BILL!

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      erzengel des lichtes
      wrote on last edited by
      #69

      You're thinking of SOPA, not Net Neutrality. NN is pretty much the polar opposite.

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      • C Christopher Duncan

        Don't get me wrong, I don't trust the average corporation further than I can throw an obese and mildly agitated warthog. That said, this is a slippery slope. Industry a suddenly gets governed by new laws that strip it of its property rights. Maybe that's a good thing, maybe it's not, but now we have industry A asking why every other industry isn't subjected to the same draconian practices, at which point people begin to wonder if or where it will end - should governments take over all businesses? Mostly playing devil's advocate here, but "just make it the law" is the beginning of a dangerous game.

        Christopher Duncan Author of Unite the Tribes: Leadership Skills for Technology Managers Have Fun, Get Paid: How to Make a Living with Your Creativity The Career Programmer

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        erzengel des lichtes
        wrote on last edited by
        #70

        "now we have industry A asking why every other industry isn't subjected to the same draconian practices" The phone companies are. The oil companies are. Gas companies are. Electric companies are. Water companies are. You can't ask why other industries aren't subject to practices when other industries ARE subject to these practices. If phone companies are subjected to these "draconian practices", why aren't the other telecoms?

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        • C Christopher Duncan

          One of the stories clogging my RSS feeds this morning was the court overturning the FCC's net neutrality stance. Let me first say that I have not studied this matter and don't know what the facts are on either side of the street. What I do know is that it caused the Internet to gnaw on its own ankle for the better part of the morning. So here's my question. Although I'm in favor of net neutrality conceptually, from a more pragmatic perspective it seems to me that the wires I get to use in order to interact with the Internet, at least in America, belong to companies. I get to use them because I pay them for the service, but it's their choice what service to provide and how much to charge. They bought the materials and paid to have them installed. Unless the government decides to take over an industry and seize the companies' assets, does it really have the right to tell a given company what it can do with the wires that it owns? Sure, it would be nice if we lived in a world where everyone played fair, and I'm in favor of such an idealized landscape. That said, telling a company how to run its business strikes me as unfair to the company. It's a complex issue with many points of view (and I have no interest in discussing partisan politics of any kind), but I was thinking about that this morning. The Internet howls that this is a travesty, but it seems to me that it's not really that simple. Was just wondering if I'm alone in considering how sovereign the property of a company is, as well as its business practices (providing it doesn't break any laws).

          Christopher Duncan Author of Unite the Tribes: Leadership Skills for Technology Managers Have Fun, Get Paid: How to Make a Living with Your Creativity The Career Programmer

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          jschell
          wrote on last edited by
          #71

          Christopher Duncan wrote:

          Unless the government decides to take over an industry and seize the companies' assets, does it really have the right to tell a given company what it can do with the wires that it owns?

          What happens if you want to create your own search engine. And google has contracted with every single provider in the country to allow cheaper access to google. So for anyone to use your search engine they will have to pay a fee every time they use it. Is that fair to the start up? Is that fair to the consumer?

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          • C Christopher Duncan

            One of the stories clogging my RSS feeds this morning was the court overturning the FCC's net neutrality stance. Let me first say that I have not studied this matter and don't know what the facts are on either side of the street. What I do know is that it caused the Internet to gnaw on its own ankle for the better part of the morning. So here's my question. Although I'm in favor of net neutrality conceptually, from a more pragmatic perspective it seems to me that the wires I get to use in order to interact with the Internet, at least in America, belong to companies. I get to use them because I pay them for the service, but it's their choice what service to provide and how much to charge. They bought the materials and paid to have them installed. Unless the government decides to take over an industry and seize the companies' assets, does it really have the right to tell a given company what it can do with the wires that it owns? Sure, it would be nice if we lived in a world where everyone played fair, and I'm in favor of such an idealized landscape. That said, telling a company how to run its business strikes me as unfair to the company. It's a complex issue with many points of view (and I have no interest in discussing partisan politics of any kind), but I was thinking about that this morning. The Internet howls that this is a travesty, but it seems to me that it's not really that simple. Was just wondering if I'm alone in considering how sovereign the property of a company is, as well as its business practices (providing it doesn't break any laws).

            Christopher Duncan Author of Unite the Tribes: Leadership Skills for Technology Managers Have Fun, Get Paid: How to Make a Living with Your Creativity The Career Programmer

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            st0smith
            wrote on last edited by
            #72

            I suppose I agree, as long as the isp's "preferences" are made public.

            Steve

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            • M Manuel F Hernandez

              "Apple's management feels Bromwich is interfering with the company's day-to-day operations by requiring that he be permitted to conduct lengthy meetings with their top brass on an ongoing basis." This is a red herring. As long as there is due process a company needs to comply. I cant get out of a speeding ticket because it took time for the police officer time to write out a citation can I?

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              Ravi Bhavnani
              wrote on last edited by
              #73

              Quite true. /ravi

              My new year resolution: 2048 x 1536 Home | Articles | My .NET bits | Freeware ravib(at)ravib(dot)com

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              • G gardnerp

                Yes, that's a free market and capitalism. But it's not always that simple. We (in the U.S.) have state laws that prevent gasoline from being sold too cheaply so other mom-and-pop stations can compete with the big boys. In many states it's illegal to sell items below cost in stores. This effectively prevents Wal-Mart from undercutting everyone in town until they are the only ones left. We see lawsuits against price fixing in books taken against Apple. There are dozens of examples like this. My point is that state and federal governments have many rules in place on what type of services can be provided, what must be included in those services, and also the price those services can cost. I see no reason they should not do the same to the Internet providers. That's just my $0.02.

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                jschell
                wrote on last edited by
                #74

                gardnerp wrote:

                In many states it's illegal to sell items below cost in stores.

                And laws against price gouging as well.

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                • S Simon ORiordan from UK

                  Sounds like your market isn't free. Here in the UK it's somewhat different; up until the 1980's the landline network was guberment owned, but when they privatised it, they enforced a policy of allowing other companies to use the hardware. A better example would be mobile. Mobile started in the 80's without legacy regulation pretty much. We ended up with at least 5 independent hardware bases, offering actual competition everywhere. Things slowed up a little after the 3G band auction, due to the large amounts bid, but now they're racing each other to provide 4G. Locally, I only get 2G or Edge, but I don't have to pay anything towards 4G unless it reaches me and I upgrade. How is this harming me? It isn't. I 'have' a 3G contract, but by mixing and matching rural land-based hotspots, I can get around 3G scarcity by factoring in no-cost WiFi links. This is for all mobile devices. Fixed internet is going to become very much a supporting technology in the next few years, as conventional ISP's who attempt to control the flow will be totally outflanked by mobile.

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                  jschell
                  wrote on last edited by
                  #75

                  Your analogies are poor. And your comment about mobile is flat out wrong. First mobile will never be as fast. Nor does it have the bandwidth. Second, and more importantly, you are ignoring entirely how your mobile traffic actually flows. Despite marketing claims mobile traffic, moves over the same hardware as land lines. It isn't magic.

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                  • C Christopher Duncan

                    And I guess the root of that issue is whether or not ISPs and underlying infrastructure are considered a public service company or just a regular for-profit concern.

                    Christopher Duncan Author of Unite the Tribes: Leadership Skills for Technology Managers Have Fun, Get Paid: How to Make a Living with Your Creativity The Career Programmer

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                    jschell
                    wrote on last edited by
                    #76

                    Christopher Duncan wrote:

                    And I guess the root of that issue is whether or not ISPs and underlying infrastructure are considered a public service company

                    Someone certainly thinks that it is a basic commodity. http://www.denverpost.com/ci_23169208/colorado-looks-regulate-broadband-like-phone-service-rural[^]

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                    • C Christopher Duncan

                      One of the stories clogging my RSS feeds this morning was the court overturning the FCC's net neutrality stance. Let me first say that I have not studied this matter and don't know what the facts are on either side of the street. What I do know is that it caused the Internet to gnaw on its own ankle for the better part of the morning. So here's my question. Although I'm in favor of net neutrality conceptually, from a more pragmatic perspective it seems to me that the wires I get to use in order to interact with the Internet, at least in America, belong to companies. I get to use them because I pay them for the service, but it's their choice what service to provide and how much to charge. They bought the materials and paid to have them installed. Unless the government decides to take over an industry and seize the companies' assets, does it really have the right to tell a given company what it can do with the wires that it owns? Sure, it would be nice if we lived in a world where everyone played fair, and I'm in favor of such an idealized landscape. That said, telling a company how to run its business strikes me as unfair to the company. It's a complex issue with many points of view (and I have no interest in discussing partisan politics of any kind), but I was thinking about that this morning. The Internet howls that this is a travesty, but it seems to me that it's not really that simple. Was just wondering if I'm alone in considering how sovereign the property of a company is, as well as its business practices (providing it doesn't break any laws).

                      Christopher Duncan Author of Unite the Tribes: Leadership Skills for Technology Managers Have Fun, Get Paid: How to Make a Living with Your Creativity The Career Programmer

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                      U Offline
                      User 10271622
                      wrote on last edited by
                      #77

                      This guy explains it all: Ask a Ninja about Net Neutrality

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                      • S Simon ORiordan from UK

                        Squeezed out? How? If I drive at 90 mph on the motorway, does that mean you are being squeezed out when you (continue) to drive at 60? Is anybody honestly claiming that if I burn the fuel to drive at 90, I should also pay for everybody else to go that fast too? The internet is not a zero-sum game. Extra speed leads to extra routes/roads/lanes, paid for by the money these 'privileged' customers pay. Look, my boss has a Lamborghini and a £30 million house, because he built the company from nothing. Does anybody think I should automatically get a Lamborghini upgrade at zero cost, plus a mansion, simply because I drive on the same roads and live in the same county?

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                        User 10235036
                        wrote on last edited by
                        #78

                        Very poor analogy. More like the boss pays for the toll road which is paved and you have to drive on the gravel road 'cause you can't afford the toll. Like roads, the communications infrastructure is vital to everyone, and that is why there should be regulations in place so that those who haven't had the good luck to be in the right place at the right time to make lots of money are not the only ones to benefit from vital infrastructure...

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                        • B Bruce Patin

                          The problem is that Internet carriers are very close to a monopoly in most places. In large cities, there may be two or even three carriers, but they are so large and so much in control of so many types of communications in so many places, that they will inevitably establish similar restrictive rules that gives the consumer or the start-up no real choice at all. The free market is not always free. And that is why regulations are needed.

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                          richard_k
                          wrote on last edited by
                          #79

                          Who, exactly, do you think creates the monopolistic situation to begin with? Governments are most frequently the unholy partner in alliance with business to create the situation in the first place. This precisely describes the situation that led to the Robber Baron's in the late 19th and early 20th century. Regulation, in and of itself is no barrier to monopolies and big business. Some laws are indeed required to keep the field fair.. but over-reliance on government (also made up of fallible/greedy people) is also not a good choice. Ideally you want a situation where barrier to entry in a marketplace is low so that competition is maintained. That is NOT what the internet is right now. Its still only a few really large carriers that own a ton of wire. I think that is to be expected given the frightful amount of capital required to build out a network (in this way the telecoms resemble the railroads I refer to above), but we should not lose sight of how government magnifies the problem where monopolies are concerned.

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                          • M Member 3934551

                            I think you got your facts wrong. A better analogy would be: Your electricity provider suddenly deciding to stop providing electricity to your freezer unless you pay a "freezer fee" because they struck a deal with the local fast food chain in delivering them more business. That's where the ruling stands, and enables verizon to do, and that's what net neutrality is trying to prevent - Unrestricted access to your desired content/destination .. over the subscribed service (at the bought speeds) As for speed, well so much for the free market here in the US. We've been paying providers premium fees for "high speed" connection which in fact are limited to cable speeds back in the 90s.. sure I might have 20Mbps down, BUT with only 700kbps for upload, this connection becomes useless for anything else than mild browsing and consuming video content. Backups are impossible for example, and online gaming becomes horrible, since you have to UPLOAD quite a lot of data to the other ends. And to why we don't have better? Well, a couple of years ago, verizon struck an exclusivity deal with the local county which bars other providers to run cooper for the next 20 years.. Even better, if you look at the NYC area, you will notice that verizon and comcast have a mutual love.. where you have verizon, comcast refuses to run cooper and vice verse.. Time Warner (the only other smaller provider) is going bankrupt for not having capacity to compete with the other two... And the others, jack up the prices as they see fit. In cases as such, government regulation is a must.

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                            Simon ORiordan from UK
                            wrote on last edited by
                            #80

                            I think you got your facts wrong. If you pay for electricity for your freezer, they cannot turn off the power. That would be theft. Property isn't theft incidentally.

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                            • J jschell

                              Your analogies are poor. And your comment about mobile is flat out wrong. First mobile will never be as fast. Nor does it have the bandwidth. Second, and more importantly, you are ignoring entirely how your mobile traffic actually flows. Despite marketing claims mobile traffic, moves over the same hardware as land lines. It isn't magic.

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                              Simon ORiordan from UK
                              wrote on last edited by
                              #81

                              My analogies are great. And 4G is much, much faster than cable. Get your facts straight.

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                              • U User 10235036

                                Very poor analogy. More like the boss pays for the toll road which is paved and you have to drive on the gravel road 'cause you can't afford the toll. Like roads, the communications infrastructure is vital to everyone, and that is why there should be regulations in place so that those who haven't had the good luck to be in the right place at the right time to make lots of money are not the only ones to benefit from vital infrastructure...

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                                S Offline
                                Simon ORiordan from UK
                                wrote on last edited by
                                #82

                                Luck? LUCK? Are you crazy? You think it's luck? And you think one boss is going to pay for an entire road and never rent it out? You don't get to be boss by being a terrible businessman. Unless the state intervenes.

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                                • R richard_k

                                  Who, exactly, do you think creates the monopolistic situation to begin with? Governments are most frequently the unholy partner in alliance with business to create the situation in the first place. This precisely describes the situation that led to the Robber Baron's in the late 19th and early 20th century. Regulation, in and of itself is no barrier to monopolies and big business. Some laws are indeed required to keep the field fair.. but over-reliance on government (also made up of fallible/greedy people) is also not a good choice. Ideally you want a situation where barrier to entry in a marketplace is low so that competition is maintained. That is NOT what the internet is right now. Its still only a few really large carriers that own a ton of wire. I think that is to be expected given the frightful amount of capital required to build out a network (in this way the telecoms resemble the railroads I refer to above), but we should not lose sight of how government magnifies the problem where monopolies are concerned.

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                                  Bruce Patin
                                  wrote on last edited by
                                  #83

                                  If the government had not broken up one particular monopoly, you would still be coding in COBOL on punched cards. Government is a problem when the monopolies take it over, as they have done in the United States. In order to stop such behavior, we don't really have any recourse, except individual purchasing "power", and sometimes even that is under control. So where do you go?

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                                  • S Simon ORiordan from UK

                                    I think you got your facts wrong. If you pay for electricity for your freezer, they cannot turn off the power. That would be theft. Property isn't theft incidentally.

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                                    Member 3934551
                                    wrote on last edited by
                                    #84

                                    Same thing for internet connections.. If I pay for an internet service, they should not be able to tell me what websites to visit or not, or to ask more money off of me to let me do that, but the court decided otherwise. There was never about property theft. It's about a company obtaining the power to tell you how to use their service for the sole purpose of squeezing more money off of you, hence the example of the freezer, what if your local electricity provider decided to change policies and tax you for your freezer, despite the fact you already pay for service? It would if it weren't regulated by the gov. And as a side note, I am also against data caps. Bites are a virtual resource that doesn't run out. My monthly bill covers the service with the maximum speeds for both download and upload, which the ISP should be able to provide me, regardless if I use the service to 100% all the time or not, cause that's what I pay for. They know it and they still don't do it. They know that most people do not use their service to 100% not even for 2 hours straight, and thus instead of investing in infrastructure to achieve the quality of service, they overload the network segments with way to many contracts, which result in a crappy experience for everyone. And then, when people complain, they blame it on bittorrent or other streaming p2p protocols saying that those kill the network, without providing any evidence for it whatsoever. And even if people use bittorrent, so what? Isn't your over all connection limited to what your contract says? You can't go faster than that, cause it's a hard cap on your modem, regardless of what you download or upload. And even so, isn't the service meant to be used as that.. for data transfers.. cause, go figure.. it's an internet service contract? Why shouldn't I be able to use it to 100% all the time, but only slightly.. not to make the ISP uncomfortable.. On this front, no one gets a Ferrari.. We all get crappy fiats painted red and advertised as Ferraris, and even with those, if you go too fast, or too far, you have the Internet Service Police cutting you down, for "abusing" your "unlimited" contract..

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                                    • B Bruce Patin

                                      If the government had not broken up one particular monopoly, you would still be coding in COBOL on punched cards. Government is a problem when the monopolies take it over, as they have done in the United States. In order to stop such behavior, we don't really have any recourse, except individual purchasing "power", and sometimes even that is under control. So where do you go?

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                                      richard_k
                                      wrote on last edited by
                                      #85

                                      The right answer is not regulations.. its law. Regulations are rules that have the force of law but created by a bureaucrat. When that happens, the public has no chance to respond other than during a lawsuit, which is WAY too late to stop bad regulations. When regulations are created, no one in Congress ends up risking their re-election by creating the regulation. We need to get the bureaucracy OUT of the business of creating regulations, and leave that to lawmakers in Congress so that they are risking their rear-ends when creating laws that might be bad. The original restrictions in place in the Constitution were good ones. We need to get back to that. We'll never completely rid ourselves of the necessity to consider that big government can be as big a problem as big business.. but if we keep only the lawmakers making laws, we have a better chance of keeping their own desire to grab power in check.

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                                      • R richard_k

                                        The right answer is not regulations.. its law. Regulations are rules that have the force of law but created by a bureaucrat. When that happens, the public has no chance to respond other than during a lawsuit, which is WAY too late to stop bad regulations. When regulations are created, no one in Congress ends up risking their re-election by creating the regulation. We need to get the bureaucracy OUT of the business of creating regulations, and leave that to lawmakers in Congress so that they are risking their rear-ends when creating laws that might be bad. The original restrictions in place in the Constitution were good ones. We need to get back to that. We'll never completely rid ourselves of the necessity to consider that big government can be as big a problem as big business.. but if we keep only the lawmakers making laws, we have a better chance of keeping their own desire to grab power in check.

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                                        Bruce Patin
                                        wrote on last edited by
                                        #86

                                        OK, I get your point. Good luck at finding and electing lawmakers with what it takes to understand and write their own regulations properly.

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                                        • B Bruce Patin

                                          OK, I get your point. Good luck at finding and electing lawmakers with what it takes to understand and write their own regulations properly.

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                                          richard_k
                                          wrote on last edited by
                                          #87

                                          Where is it written that experts in some non-law field can't be consulted regarding the making of a law? I just want the legislative power where its supposed to be.. so that the public can make their voice known before a law is passed.. rather than silently having it foisted on us by a bureaucracy that answers to no one?

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