Net Neutrality Suffers Body Blow, But Still Standing

(Josh Zecher) 

Tuesday's U.S. appeals court Tuesday ruling that found the Federal Communications Commission overstepped its authority when it cited Comcast Corp. for slowing some Internet traffic on its network, has brought the Net Neutrality debate back and louder than ever.

In a unanimous decision, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit said the FCC exceeded its authority when it sanctioned Comcast in 2008 for deliberately preventing some subscribers from using peer-to-peer file-sharing services to download large files.

But, more and more it appears that Tuesday's ruling is not a knockout victory for Internet Service Providers (ISPs), nor a death knell for Net Neutrality and its most vocal supporters, which include Google, Twitter and Amazon.

As with everything in DC, there is no black or white, just grey, with a tinge of green.  Tuesday's decision puts in motion the next phase of regulatory jockeying with the focus zeroing in on the next move the FCC will make. 

A 463 legal source says the decision did not determine that the FCC cannot impose Net Neutrality rules.  It only found that the FCC's theory for why it has "ancillary" authority to adopt these rules was deficient.

So, the real question of the day is:  Will the FCC reclassify broadband service as a telecommunications service, giving it full authority to impose Net Neutrality rules?

The plot thickens...

Comments

[Resveratrol Healthblog]

Thank you for keeping us up to date in this issue.

[Techno Music]

Man this stuff makes me so angry. We are on the edge of an amazing technological future that is made possible by true freedom and flow of information but yet again the blindness of the entrenched old system capital will not let the world progress. This isn't just backward thinking its actually anti entrepreneurial.

[MBT Shoes]

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[Bill]

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[Grigory]

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[Guzalia]

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