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#1 Court: FCC has no power to regulate Net neutrality
04-06-2010, 12:51 PM
- Join Date
- Apr 2004
- The Swamps of N. Florida
Obama will not like this
The Federal Communications Commission does not have the legal authority to impose strict Net neutrality regulations on Internet providers, a federal appeals court ruled Tuesday.
A three-judge panel in Washington, D.C. unanimously tossed out the FCC's August 2008 cease and desist order against Comcast, which had taken measures to slow BitTorrent transfers and had voluntarily ended them earlier in the year.
Because the FCC "has failed to tie its assertion" of regulatory authority to any actual law enacted by Congress, the agency does not have the authority to regulate an Internet provider's network management practices, wrote Judge David Tatel of the U.S. Court of Appeals for the D.C. Circuit.
Even though liberal advocacy groups had urged the FCC to take action against Comcast, the agency's vote to proceed was a narrow 3-2, with the dissenting commissioners predicting at the time that it would not hold up in court. FCC Commissioner Robert McDowell, a Republican, said at the time that the FCC's ruling was unlawful and the lack of legal authority "is sure to doom this order on appeal."
Tuesday's decision could doom one of the signature initiatives of current FCC Chairman Julius Genachowski, a Democrat. Last October, Genachowski announced plans to begin drafting a formal set of Net neutrality rules -- even though Congress has not given the agency permission to begin. (Verizon Communications CEO Ivan Seidenberg, for instance, has said that new regulations would stifle innovative technologies like telemedicine.)
Found the story here
Last edited by bijou; 04-07-2010 at 08:50 AM.“I have learned now that while those who speak about one's miseries usually hurt, those who keep silence hurt more.”
God judged it better to bring good out of evil than to suffer no evil to exist.
St. Augustine of Hippo
04-06-2010, 04:01 PM
I don't like Comcast, but the court was right to do this. The FCC had not clearly defined its role in net neutrality. Plus, the other issue with NN is that it could end up making the FCC a micro-manager of all ISPs. If we treat all traffic equally, what happens with data that comes from spam or infected computers? Under a NN law, all of that data would have to be given the same priority as the HTTP request to Google News or for the person connecting to a game server.
Plus, supporters of NN tend to ignore the loopholes that accompany it: http://www.techdirt.com/articles/201...52067755.shtml
04-06-2010, 06:06 PMEven though liberal advocacy groups had urged the FCC to take action against ComcastGovernment is not the solution to our problem, government is the problem.
We could say they are spending like drunken sailors. That would be unfair to drunken sailors, they're spending their OWN money.
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