Mozilla accuses FCC of abdicating its role, ignoring comments in net neutrality lawsuit

Legal battle #433 over Pai's push to kill off rules


Mozilla has filed its legal brief against the Federal Communications Commission (FCC), accusing the telecoms regulator of abdicating its role, ignoring public comments and failing to understand how the internet actually works.

The lawsuit is one of several ranged against the FCC for its controversial decision to tear up existing net neutrality rules. But while other lawsuits are based on the FCC's authority or relatively arcane legal issues, Mozilla's case is blunter: the FCC is doing a terrible job.

"For the first time in the history of the public internet, the FCC has disavowed interest and authority to protect users from ISPs, who have both the incentives and means to interfere with how we access online content," the organization argued in a blog post on Monday.

"The FCC needs to accept statutory responsibility in protecting those user rights - a responsibility that every previous FCC has supported until now," it argues, continuing: "That's why we’re suing to stop them from abdicating their regulatory role in protecting the qualities that have made the internet the most important communications platform in history."

The full legal brief has not yet been published but Mozilla characterizes it in the form of three main arguments:

  • The order to scrap existing net neutrality rules "fundamentally mischaracterizes how internet access works" – by effectively arguing that it is not possible for an ISP to provide website access without some degree of interference. Nonsense, says Mozilla.
  • The FCC has "completely renounced" its critical role of enforcer, Mozilla claims. Its latest order shoves internet access issues over to the FTC – which has itself been subject to a legal challenge that it doesn't have authority. Mozilla says only Congress can do that – not a regulator itself.
  • The FCC failed to carry out a "reasoned decision making" process by "ignoring much of the public record as well as their own data showing that consumers lack competitive choices for internet access." There is no shortage of evidence that the public comment process was a farce of the highest order, or that the internet access market in the US is a mess.

In addition to its filing, a number of other tech organizations will be filing support briefs on behalf of Mozilla, it said.

Mozilla says the reason for its lawsuit is to "defend users’ access to the internet without interference from gatekeepers" and argues that it is "imperative that all internet traffic be treated equally, without discrimination against content or type of traffic."

The case – 18-1051 [PDF] in front the Washington DC Court of Appeals – should proceed to oral arguments some time in November with a decision likely in early 2019. ®


Intel CPU interconnects can be exploited by malware to leak encryption keys and other info, academic study finds

Side-channel ring race 'hard to mitigate with existing defenses'

Chip-busting boffins in America have devised yet another way to filch sensitive data by exploiting Intel's processor design choices.

Doctoral student Riccardo Paccagnella, master's student Licheng Luo, and assistant professor Christopher Fletcher, all from the University of Illinois at Urbana-Champaign, delved into the way CPU ring interconnects work, and found they can be abused for side-channel attacks. The upshot is that one application can infer another application's private memory and snoop on the user's key presses.

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SolarWinds just keeps getting worse: New strain of backdoor malware found in probe

Plus: McAfee's in serious trouble over claimed cryptocurrency scam

In brief Another form of malware has been spotted on servers backdoored in the SolarWinds' Orion fiasco.

The strain, identified as SUNSHUTTLE by FireEye, is a second-stage backdoor written in Go which uses HTTPS to communicate with a command-and-control server for data exfiltration, adding new code as needed. Someone based in the US, perhaps at an infected organization, uploaded the malware to a public malware repository in August last year for analysis, well before the cyber-spying campaign became public.

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Linus Torvalds issues early Linux Kernel update to fix swapfile SNAFU

‘Subtle and very nasty bug’ meant 5.12 rc1 could trash entire filesystems

Linux overlord Linus Torvalds has rushed out a new release candidate of Linux 5.12 after the first in the new series was found to include a ‘subtle and very nasty bug’ that was so serious he marked rc1 as unsuitable for use.

“We had a very innocuous code cleanup and simplification that raised no red flags at all, but had a subtle and very nasty bug in it: swap files stopped working right. And they stopped working in a particularly bad way: the offset of the start of the swap file was lost,” Torvalds wrote in a March 3rd post to the Linux Kernel Mailing List.

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Remember that day in March 2020 when you were asked to get the business working from home – tomorrow, if possible? Here's how that worked out

IT pros from orgs large and small tell The Reg the tech delivered, mostly, but couriers and home Wi-Fi suddenly became your problem

Covid Logfile Brianna Haley was given one day to be ready to roll out Zoom for 13,000 users at over 1,000 sites.

Haley* is a project analyst for a large healthcare provider that, as COVID-19 marched across the world in March 2020, realised imminent lockdowns meant it would soon be unable to consult with patients.

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The torture garden of Microsoft Exchange: Grant us the serenity to accept what they cannot EOL

Time to fix those legacy evils, though.... right?

Column It is the monster which corrupts all it touches. It is an energy-sucking vampire that thrives on the pain it promotes. It cannot be killed, but grows afresh as each manifestation outdoes the last in awfulness and horror. It is Microsoft Exchange and its drooling minion, Outlook.

Let us start with the most numerous of its victims, the end users. Chances are, you are one. You may be numbed by lifelong exposure, your pain receptors and critical faculties burned out though years of corrosion. You might be like me, an habitual avoider whose work requirements periodically force its tentacles back in through the orifices.

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Just when you thought it was safe to enjoy a beer: Beware the downloaded patch applied in haste

Let us tell you a tale of the Mailman's Apprentice

Who, Me? The weekend is over and Monday is here. Celebrate your IT prowess with another there-but-for-the-grace confession from the Who, Me? archives.

Our tale, from a reader the Regomiser has elected to dub "Simon", takes us back to the early part of this century and to an anonymous antipodean institution of learning.

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US National Security Council urges review of Exchange Servers in wake of Hafnium attack

Don't just patch, check for p0wnage, says top natsec team

The Biden administration has urged users of Microsoft's Exchange mail and messaging server to ensure they have not fallen victim to the recently-detected "Hafnium" attack on Exchange Server that Microsoft says originated in China.

Microsoft revealed the attack last week and released Exchange security updates.

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Delayed, overbudget and broken. Of course Microsoft's finest would be found in NASA's Orion

In Space No One Can Hear You Scream (as Windows crashes again)

BORK!BORK!BORK! Getting astronauts to the Moon or Mars is the least of NASA's problems. Persuading Microsoft Windows not to fall over along the way is apparently a far greater challenge.

Spotted by Register reader Scott during a visit to the otherwise excellent Space Center Houston, there is something all too real lurking within the mock-up of the Orion capsule in which NASA hopes to send its astronauts for jaunts beyond low Earth orbit.

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NASA shows Mars that humans can drive a remote control space tank at .01 km/h

Perseverance takes first drive around landing spot named in honor of seminal sci-fi author Octavia E. Butler

NASA’s Perseverance rover trekked across Mars for the first time last Thursday, March 4, 2021.

The vehicle went four whole meters forward, turned 150 degrees to the left, then moved another two-and-a-half meters. The entire drive covered a whopping 6.5 m (21.3 feet) across Martian terrain. The journey took about 33 minutes.

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University of the Highlands and Islands shuts down campuses as it deals with 'ongoing cyber incident'

Ten letters, starts with R, ends with E, three syllables

The University of the Highlands and Islands (UHI) in Scotland is fending off "an ongoing cyber incident" that has shut down its campuses.

In a message to students and staff yesterday afternoon, the institution, which spans 13 locations across the northernmost part of the UK, warned that "most services" – including its Brightspace virtual learning environment – were affected.

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