Court strikes down FCC protection of net neutrality

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

FCC net neutrality actions decided illegal

Comcast Corp. v. FCC, 08-1291 was just ruled on by a federal appeals court. In 2008, the Federal Communications Commission sanctioned Comcast Corporation for deliberately slowing internet traffic. Many users, some trying to apply for payday cash advances no fax, complained to the FCC about the slow down. The FCC sanction cited unequal access in Comcast’s actions. 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.

Legal framework of net neutrality

Presently, net neutrality doesn’t have an enforcement framework in the United States. Legally, the FCC can regulate “telecommunications services”. However, broadband internet service is at present 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

Presently, most large-media providers are warning the FCC that reclassifying broadband service as Title II would be a “very bad idea”. Many large providers such as Verizon and Comcast are arguing loudly against net neutrality. At probably the most basic, the argument the providers espouse is that the federal government should not get involved in business practices of network regulation. The providers argue that the federal government doesn’t have the legal ability to regulate how the private business manages itself.

What can the FCC do to protect net neutrality?

The FCC and federal government have a lot committed to net neutrality. The recently-written National Broadband plan puts a lot of stock in the idea of net neutrality. At this point, the FCC has three opportunities. First, they can classify broadband service as a Title II service. 2nd, the FCC could ask Congress to pass net neutrality framework. Finally, the FCC can appeal the net neutrality decision handed down today to the Supreme Court.

Sources:

Computer World

Wall Street Journal