Saturday, April 10, 2010

Court strikes down FCC safeguards of net neutrality

Treating all internet traffic equally is the concept of net neutrality. The ability of the FCC to protect net neutrality has been struck down by a recent appeals court ruling. Now, the question is if net neutrality can be protected, or will your isp determine which payday loans no fax you can apply for?

FCC net neutrality actions ruled illegal

The net neutrality case that the Federal appeals court just ruled on is Comcast Corp. v. FCC, 08-1291. In 2008, the FCC slapped Comcast with a sanction when they slowed down internet service for users of peer-to-peer networks. Some users, a few trying to apply for payday loans no fax, complained to the FCC. The FCC claimed that by decreasing internet speeds for high-volume users, Comcast was protecting against access. Comcast sued, claiming that the FCC had overstepped legal authority. The Federal appeals court ruled in Comcast’s favor on April 6.

The basis of net neutrality

Net neutrality doesn’t have a legal framework in the United States. Telecommunications services, listed as Title II services, can be regulated by the FCC. Broadband internet service is classified as Title I information services. While President Obama and Congress have discussed creating a new legal framework to guard net neutrality, no specific legislation is presently under consideration.

The debate against net neutrality

At present, most large-media providers are warning the FCC that reclassifying broadband service as Title II would be a “very bad idea”. Threatening years of legal challenges, providers such as Verizon, Comcast, and AT&T are speaking out very loudly against net neutrality protections. Basically, providers have argued that the government should not involve themselves in network regulation. The providers claim that the federal government has no legal right to involve itself in network management.

How can the FCC do something for net neutrality?

The federal government has invested a lot in the concept of net neutrality. The recently-written National Broadband plan puts a lot of stock in the concept of net neutrality. At this point, the FCC has three possibilities. 1st, the FCC could classify broadband as a Title II service. 2nd, the FCC could ask Congress to pass net neutrality framework. 3rd, the FCC can appeal the recent decision to the Supreme Court.

Sources:

Computer World

Wall Street Journal



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