Only Congress passes laws (statutes). The FCC is a regulatory body. It has statutory authority (delegated by Congress) to create regulations, not statutes (laws). Proposed FCC regulations have to go through a process defined by statute. Publication and comment are part of that process. Irregularities in the process may form the basis of judicial challenge. Whether what is described here constitutes an irregularity is another matter.
Regulations may have the force of a law, but don't receive the same level of judicial deference in terms of intent. If Congress were to a law to explicitly end net neutrality, the courts would have to assume that the law is the will of the people and a challenge could only be made on Constitutional grounds. An FCC regulation can also be challenged on legal grounds (the regulation violates a statute).
Yes, statutory laws must be proven unconstitutional to be struck down, and regulatory laws can be more easily affected by judicial decisions. But for the last 30 years, regulations have been accorded an inappropriate degree of deference by the courts: https://www.washingtonpost.com/news/volokh-conspiracy/wp/201...
[edit: instead of downvoting me, tell me why left-leaning regulations are automatically Good (and constitutional), and why right-leaning are automatically Evil (and unconstitutional) ?]
The parent posts had literally nothing to do with left vs right. It has to do with accepting the results of misinformation campaigns, and post-factum not taking steps to revert malign legislation.
Even in the case that I give you the benefit of the doubt in that you're taking "pro-net-neutrality" to be in some way left-leaning, the bulk of the arguments I've read fall into the "empiricism" bucket rather than "partisanship," either citing precedent of negative outcomes (portugal) or the industry's proven inability to self-regulate (local monopolies ala comcast, fights against municipal broadband, etc).
I'm also somewhat entertained that maintaining a competitive business landscape has somehow become "leftist." To my mind that's very pro-small-business/free market to prohibit large entities from soley dominating a market and legislating protective walls; even Reagan took an aggressive antitrust stance; this not even touching on that internet looks a lot more like a utility necessary for "survival" in a modern world than a good nowadays.
What really matters is that they're on the site of the ISPs that want to screw us all over.
I still remember the very start of net neutrality when everyone was still on the same side, before the lobbyists went to work dividing us over how to respond to it.
Indeed, I remember the astroturf group Hands Off The Internet starting up back around ~2005. They've been working on this for over a decade now. https://www.sourcewatch.org/index.php/Hands_Off_the_Internet
Given that spamming a comment form is a few lines of Perl - http://search.cpan.org/dist/libwww-perl/lwpcook.pod - the idea that some nut might spend 30 seconds ordering their computer to spam the FCC does not strike me as farfetched, nor does it seem reasonable to waste time caring about that.
Better to focus our efforts on lobbying the FCC to change this boneheaded decision. Frankly, I think the point that they don't care about our comments to begin with is more damning than whether or not an idiot spammed a comment box.
My point was just to provide context for "spent time". It wasn't some huge operation. It could've been one day for one person. At that point the cost is so low it could've been done for the lulz. Or it could've been a cheap case of foreign groups trying to achieve something. Who knows.
Please don't instigate a flame war.