FCC's Net Neutrality Struck Down

[trumpet-205]

A federal appeals court in Washington on Tuesday struck down the Federal Communications Commission's rules for Net neutrality.

In its decision, the court ruled that, "even though the commission has general authority to regulate in this arena, it may not impose requirements that contravene express statutory mandates. Given that the commission has chosen to classify broadband providers in a manner that exempts them from treatment as common carriers, the Communications Act expressly prohibits the commission from nonetheless regulating them as such. Because the commission has failed to establish that the anti-discrimination and anti-blocking rules do not impose per se common carrier obligations, we vacate those portions of the Open Internet Order."

Source: http://news.cnet.com/8301-13578_3-57617199-38/appeals-court-strikes-down-fccs-net-neutrality-rules/

Net neutrality is a concept where ISP treats all data fair and equally. As an example, by striking down net neutrality ISPs in US can now have the option to charge video streaming service (Netfliex, Hulu, Amazon, etc) money to access ISPs' network. Should these services chose not to pay, ISP can pass the bill to its customers or throttle speed when accessing these contents. The recent AT&T Sponsored Data plan is an example of this. There is incentive for ISP to do this, to generate extra revenue and to promote its own content streaming service.

So what do you think? Keep in mind that it was struck down due to technicality issue (applying common carrier rules to broadband, which is not common carrier).

 

[FAST6191]

I will have to read a lot more on the matter before I pass any comment on the matter at hand (if the FCC did overreach or a ruling would have a knockon effect and the judge shot it down, as a very cursory skim says might have been what happened, then that can be OK). That said net neutrality is a thing that should happen.

 

[Gahars]

Hold your horses, everyone, this isn't the end of the world. In fact, this might even be a net gain.

http://www.washingtonpost.com/blogs...-the-courts-didnt-just-end-the-open-internet/

The court objected to FCC’s current versions of the rules because they swept too broadly and indiscriminately. In affirming Section 706 authority, however, the court simultaneously opened the door for the FCC to implement similar versions of these rules on a case-by-case basis against individual access providers who abuse their monopoly. In legal terms, the FCC can now act through adjudications instead of rulemakings. Indeed, one bedrock principle of administrative law is that agencies are generally free to enforce law through either method.

 

[grossaffe]

I read that the issue was that a decade ago, the FCC deemed the internet not to be a utility like phone and water, and that if they were to reverse that and start considering Internet to be a utility then they'd have the power to enforce net neutrality.

 

[ipwndeveloper]

The Temp Should run its own intranet.
I am happy with anything that doesnot cost me more $, and gives faster dl/ul speed, and wont infringe on the first ammendment.

 

[Chaosruler]

why idiots insists doing everything the hard way?

 

[chartube12]

I read that the issue was that a decade ago, the FCC deemed the internet not to be a utility like phone and water, and that if they were to reverse that and start considering Internet to be a utility then they'd have the power to enforce net neutrality.

Correct. The FCC felt the internet was a geeky fad at the time and was a non-essicatal service. Look how far it has come since then.

This is a second time someone at the FCC stopped a law to improve the internet. During Obama's first year of his first term, he tried to eliminate data caps and throttling. This would of made everyone everywhere in the US have the fastest speeds technology providers have could give you at all times w/o being able to charge you extra. In other words, no more ISPs selling you internet speeds. You either paid for internet service or you didn't.

Google fought the hardest with and against it. They wanted wireless internet exempted from the bill and would of supported it fully if wireless internet was. However Obama was adamant about it effecting all forms of internet, in-fear of wireless internet technology pasting hardwired services tech in the future. So w/o 100% support of a major company, the bill fell apart and he never tried to pass it or any revisions of it ever again.