Tuesday, April 6, 2010

D.C. Circuit decision on the FCC's power to impose net neutraity rules

Remember our discussion about net neutrality? The D.C. Circuit court has just ruled that the FCC doesn't have the authority to require broadband providers to give equal treatment to all Internet traffic flowing over their networks.

The ruling came in a lawsuit that arose out of Comcast's practice of slowing down customers’ access to BitTorrent. The FCC told Comcast to stop this practice, and Comcast brought a lawsuit challenging the order, as well as broader "net neutrality" rules issued by the FCC in 2008.

The NY Times thinks the decision "could reinvigorate dormant efforts in Congress to pass a federal law specifically governing net neutrality," since Congressmen have expressed concern that the acquisition could give Comcast the power to favor the content of its own cable and broadcast channels over those of competitors.

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