It almost sounds like the plot of some Hollywood thriller, but a new report indicates the FCC is trying to stay one step ahead of the dark forces threatening Net Neutrality. They are already working on a plan to circumvent the recent results which damaged the heart of a free an open internet.
In case you missed it, a few weeks ago we reported that Net Neutrality was dealt a potentially "lethal" blow by the combined forces of Verizon, AT&T and several other cable companies, telecoms and ISPs. On January 14th, 2014 a United States Court of Appeals Judge for the District of Columbia ruled against the FCC, and basically gave ISPs the power to oversee and control any internet content across their service. This would mean the ISPs could block/restrict/data cap/charge more for any content they wanted to, and for any reason.
This was a major blow to the FCC's power to insure a free and open internet. Luckily, the FCC was prepared for this possibility and a new report indicates they are already putting a plan in motion to bypass this ruling. Here's their idea: First, Verizon and their entourage basically exploited a loop-hole in the laws. They argued (and the judge ruled in their favor) that even though the FCC has the authority to regulate broadband networks and to impose rules, the FCC had based these specific rules on flawed legal logic. Ultimately, the court ruled that the FCC couldn't regulate broadband providers with the same rules they use for phone companies.
The way the FCC plans to bypass this is to to reclassify broadband providers in the category of "common carriers." This would place them under the same regulatory framework as traditional phone networks. This would effectively give them the authority to regulate the internet in a way to keep it open and adhere to the Net Neutrality concept. It's a clever move to be sure, but of course, it would not be without opposition. The consortium of companies would probably fight this move in the courts again, so it's not a sure bet at all. Here's a quote with a few more details,
"We can't just kick the can down the road," he said. "We have an obligation to act now with the principles that have been transmitted to us in the form of statutes, judicial and regulatory precedents, scholarship, and experience."
Exactly how [Federal Communications Commission chairman Tom] Wheeler will navigate through the legal and political obstacles to protect Net neutrality is what is still unknown. Regardless, the Democratic Senators said in their letter that they want to see something from the FCC soon.
"We urge you to quickly adopt enforceable rules to prevent the blocking and discrimination of Internet traffic," the letter states. "These rules must stand on strong legal footing to withstand judicial scrutiny. Without such rules in place, Internet service providers are prone to act as gatekeepers of the Internet, controlling access by blocking or throttling certain content and thereby limiting the opportunities for innovation, speech, and commerce."
There are many folks out there who prefer to have a low level of government intervention in the free market, and rightly so; however, in this instance, the whole point of the FCC governing these issues is actually to protect the American consumer from predatory practices of corporate entities. "Some" intervention doesn't mean "No" intervention. Light regulation is necessary to keep the free market open and available for all.
Certainly we wouldn't want Gestapo Police forces breaking into our homes for a parking ticket, but nor would we want a land with no police presence at all. Things would degenerate into anarchy and chaos as the strong and evil would prey upon those weaker. In this instance, the FCC is actually regulating to make sure that the core of the internet stays true to its intended purpose of education and information readily available to all. The whole point of the FCC regulating this issue is to make sure that undue censorship does NOT happen.
Source: CNET
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