Net Neutrality Shot Down By US Appeals Court

Yesterday, a federal appeals court made a decision that is considered to be bad by many. The court ruled that ISPs are free to make their own deals to give priority over certain types of traffic. Basically, they’ve nuked the concept of net neutrality. Here’s what The New York Times had to say:

Internet service providers are free to make deals with services like Netflix or Amazon allowing those companies to pay to stream their products to online viewers through a faster, express lane on the web, a federal appeals court ruled on Tuesday.

Federal regulators had tried to prevent those deals, saying they would give large, rich companies an unfair edge in reaching consumers. But since the Internet is not considered a utility under federal law, the court said, it is not subject to regulations banning the arrangements.

Some deals could come soon. In challenging the 2010 regulations at issue in the case, Verizon told the court that if not for the rules by the Federal Communications Commission, “we would be exploring those commercial arrangements.”

But there is hope for those who believe in the concept of net neutrality:

Although the court, the United States Court of Appeals for the District of Columbia, found that the regulations preventing the deals were invalid, it said that the commission did have some basic authority “to promulgate rules governing broadband providers’ treatment of Internet traffic.” It also upheld agency rules requiring broadband companies to disclose how they manage their networks.

At the least, the F.C.C. will have to try again to define its mission in the Internet age. Tom Wheeler, the agency’s new chairman, said the agency might appeal the decision, but had previously voiced support for allowing Internet companies to experiment with new delivery methods and products. The rules, referred to as the Open Internet order and based on the principle of so-called net neutrality, were enacted in 2010 under the previous chairman, Julius Genachowski.

In a statement, Mr. Wheeler said he was “committed to maintaining our networks as engines for economic growth, test beds for innovative services and products, and channels for all forms of speech protected by the First Amendment.”

“We will consider all available options,” he added, “including those for appeal, to ensure that these networks on which the Internet depends continue to provide a free and open platform for innovation and expression, and operate in the interest of all Americans.”

So, for those of you who like services like Netflix, there is hope. Hopefully this is challenged and common sense prevails.

 

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