Net neutrality actions struck down by court

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. The question now is can the Federal government protect net neutrality, or will internet service providers be able to determine which payday loans no fax websites users can visit?

Steps the FCC took to protect net neutrality 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. The FCC received complaints about the slowdown, including from users that had been trying to apply to payday cash advances no fax websites. The FCC said that decreasing internet speeds prevented equal access. Comcast sued the FCC, saying the FCC had overstepped what legal authority it had. The Federal appeals court ruled in Comcast’s favor on April 6.

Legal platform of net neutrality

The United States government does not currently have a legal framework for net neutrality. Telecommunications services, listed as Title II services, can be regulated by the FCC. Broadband internet service is classified as Title I information services. 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

Most large broadband providers have threatened the FCC with large lawsuits if they reclassify broadband service. Many large providers such as Verizon and Comcast are arguing loudly against net neutrality. The basic argument of these service providers is that the government has no business regulating their network management. The providers claim that the federal government has no legal right to involve itself in network management.

Just how can the FCC protect net neutrality?

The FCC and federal government have a lot committed to net neutrality. The recently-written National Broadband plan puts various stock within the concept of net neutrality. At this point, the FCC has three choices. 1st, the FCC could classify broadband as a Title II service. Congress could also ask the FCC to frame net neutrality laws. Finally, the FCC can appeal the net neutrality decision handed down today to the Supreme Court.

Sources:

Computer World

Wall Street Journal