Comcast fought the law, and the law lost. In a big win for Comcast and a big loss for net neutrality advocates, a Federal Appeals court ruled that the FCC lacks the authority to regulate how an internet provider handles network traffic. The case stemmed from an order in 2008 prohibiting Comcast from blocking bit-torrent traffic.
The 36 page ruling written by Judge Tatel (download here), cites many cases and regulations concerning both the FCC and their powers. While acknowledging that Congress gave the FCC broad powers to regulate rapidly changing technology, the Court stated that the FCC failed to tie it’s authority to regulate Comcast’s Internet service to any “statutorily mandated responsibility.”
Although I wished to have a stronger decision for Net Neutrality, I do welcome the reigning in of the FCC. It’s a lose/lose case (in my humble opinion). Either Comcast loses and the FCC grows stronger. Or Comcast wins and Net Neutrality grows weaker. Can’t say that the Average Joe would have won in the long run either way.
Additional Information:
- Download the Court ruling (VoIP Tech Chat)
- Court: FCC has no power to regulate Net Neutrality (cNet)
- US court rules against FCC on ‘net neutrality’ (AP via Yahoo!)

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6 Apr 10 at 11:35 am