Category: Net Neutrality

"Court Blocks Net Neutrality, Says ISPs Are Likely to Win Case against FCC"


Net neutrality, the judges wrote, “is likely a major question requiring clear congressional authorization,” and the “Communications Act likely does not plainly authorize the Commission to resolve this signal question. Nowhere does Congress clearly grant the Commission the discretion to classify broadband providers as common carriers. To the contrary, Congress specifically empowered the Commission to define certain categories of communications services—and never did so with respect to broadband providers specifically or the Internet more generally.” . . .

Even if the FCC loses, each US state would be allowed to regulate net neutrality because the Trump-era FCC lost its attempt to preempt state laws.

https://tinyurl.com/msjabp2n

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Paywall: "FCC Reinstates Net Neutrality, but It’s Not as Easy as It Once Was"


The Federal Communications Commission voted 3-2 Thursday to put the internet back under “net neutrality” regulation, reprising Obama-era rules that prohibit internet service providers from discriminating against certain websites by throttling or blocking them. . . .

As the internet has proliferated, the question of precisely where it begins and ends has become murkier. Now, some mobile executives are arguing that an emerging 5G technology called "network slicing" should be considered to lie in the hazy realm beyond the internet’s borders, unconstrained by net neutrality.

The proposal has sparked controversy because these 5G "slices" are not just a small side show and may well be core to what the internet becomes in its next phase.

https://tinyurl.com/rheaejzk

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"Assessing the Current State of Net Neutrality and Exploring Solutions in Creating and Maintaining Open, Available, and Innovative Internet and Broadband Services"

Robbie Troiano has published "Assessing the Current State of Net Neutrality and Exploring Solutions in Creating and Maintaining Open, Available, and Innovative Internet and Broadband Services" in the Journal of Business & Technology Law.

Here's an excerpt:

The Article will provide an extensive background of net neutrality in the United States, discussing the pertinent case law and legislation that shaped the modern Internet regulatory landscape. It will conclude by discussing the current state of the law, focusing on the perspectives of proponents and opponents of the law as it currently stands under the Restoring Internet Freedom Order.

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"Public Knowledge Opposes Net Neutrality Bills Weakening FCC’s Authority to Protect Consumers"

Public Knowledge has released "Public Knowledge Opposes Net Neutrality Bills Weakening FCC's Authority to Protect Consumers" by Shiva Stella.

Here's an excerpt:

At today's House Energy & Commerce Committee's Communications & Technology Subcommittee hearing on protecting the Open Internet, Republican members announced they have introduced or will introduce several pieces of legislation aimed at prohibiting anti-competitive and harmful broadband-provider practices. Congressman Bob Latta (R-OH) announced he has introduced the Open Internet Act of 2019. Congressman Greg Walden (R-OR) announced he intends to introduce legislation modeled on the 2015 Thune/Upton draft net neutrality legislation, and that Congresswoman Cathy McMorris-Rodgers (R-WA) intends to introduce legislation modelled after Washington state's 2018 net neutrality law.

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