Net neutrality measures struck down by court

Treating all internet traffic equally is the concept of net neutrality. The concept of net neutrality seems simple enough, but a recent ruling by a Federal appeals court puts the FCC’s ability to protect net neutrality in question. Now, the question is if net neutrality could be protected, or will your isp determine which payday loans no fax you are able to apply for?

FCC net neutrality actions decided illegal

The net neutrality case 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 faxless, complained to the FCC. The FCC said that slowing internet speeds prevented equal access. Comcast sued the FCC with the argument that the FCC was stepping over the legal authority given it by congress. On April 6, a federal appeals court ruled in Comcast’s favor.

The first step toward net neutrality

Presently, net neutrality doesn’t have an enforcement framework within the United States. Legally, the FCC can regulate “telecommunications services”. However, broadband internet service is at the moment classified as a “Title I” information service. New legal framework to protect net neutrality is supported by the President, but no specific framework is being considered by Congress.

The argument against net neutrality

If broadband service is reclassified, many large providers have threatened the FCC with lawsuits. Many large providers such as Verizon and Comcast are arguing loudly against net neutrality. At one of the most basic, the argument the providers espouse is the federal government should not get involved in business practices of network regulation. The providers claim that the federal government has no legal right to involve itself in network management.

What can the FCC do to protect net neutrality?

The FCC and federal government have a lot invested in net neutrality. The National Broadband plan is a Federal guiding document that rests very heavily on net neutrality. The FCC has three legal options. 1st, the FCC could classify broadband as a Title II service. Second, they can ask Congress to present a legal framework for net neutrality. 3rd, the FCC can appeal the recent decision to the Supreme Court.

Sources:

Computer World

Wall Street Journal