Brain Top Off!

The concept of net neutrality is the concept that all traffic on the internet should be treated equally. The concept of net neutrality seems simple enough, but a recent ruling by a Federal appeals court puts the FCC’s ability to protect net neutrality in question. Now, the question is if net neutrality can be protected, or will your isp determine which payday loans online you can apply for?

Net neutrality ruling strikes down FCC action

Comcast Corp. v. FCC, 08-1291 was just ruled on by a federal appeals court. 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 loans no fax websites. The FCC said that slowing internet speeds prevented equal access. Comcast sued, claiming that the FCC had overstepped legal authority. On April 6, a federal appeals court ruled in Comcast’s favor.

The legal framework of net neutrality

Currently, net neutrality does not have an enforcement framework in the United States. Telecommunications services, listed as Title II services, can be regulated by the FCC. However, broadband internet service is currently classified as a “Title I” information service. While President Obama and Congress have discussed creating a new legal framework to protect net neutrality, no specific legislation is currently under consideration.

Arguments against net neutrality

Most large broadband providers have threatened the FCC with large lawsuits if they reclassify broadband service. Providers such as AT&T and Verizon have spoken out loudly against net neutrality. Basically, providers have argued that the government should not involve themselves in network regulation. The providers argue that the federal government does not have the legal ability to regulate how the private business manages itself.

How can the FCC protect net neutrality?

The FCC, as well as the Federal government, puts quite a bit of stock in the concept of net neutrality. The recently-written National Broadband plan puts a lot of stock in the concept of net neutrality. There are three options for the FCC at this point. 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

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