In a sweeping decision, a federal appeals court ruled that the FCC can't regulate how
Internet service providers (ISPs) control their network traffic. It's a
significant blow to net-neutrality advocates and the Obama
administration, which sought to expand the FCC's powers. (Catch up on Wire coverage of the complex net-neutrality debate here, here, here, here, and here.) This ruling opens the
door for Web providers to charge more for access to sites that hog more
bandwidth, such as Hulu and BitTorrent. In favor of the ruling, Web providers argue that it encourages investment in
broadband infrastructure for faster connection speeds. Here are the
consequences of today's ruling:
- This Guts Obama's
National Broadband Plan, writes Joelle Tessler at The Huffington
Post: "[This] has serious implications for the massive national
broadband plan released by the FCC last month. The FCC needs clear
authority to regulate broadband in order to push ahead with some its key
recommendations, including a proposal to expand broadband by tapping
the federal fund that subsidizes telephone service in poor and rural
communities."
- Web Companies Lose, write Tony Romm and Kim Hart at
The Hill: "[It's] a major defeat for Google, Skype, Amazon.com and other
Internet firms that have been huge proponents of net neutrality. Google
has led the charge for 'open' platforms that prevent ISPs and wireless
companies from discriminating against certain applications and devices."
- A
Blow to Consumer Groups, writes Jennifer Valentino-DeVries
at The Wall Street Journal: "Organizations such as We Are the Web argue that net
neutrality gives consumers the freest access to the widest variety of
content. Last year, the Consumer Federation of America and Consumers
Union, publisher of Consumer Reports magazine, said in a statement that
without net neutrality, Internet providers “will constantly invent
excuses to exercise their market power to undermine competition and
limit the freedom of speech.” If the issue comes before Congress again,
these groups will move into high gear."
- Don't Look for Any
Response From Congress, writes Ed Morrissey at Hot Air: "Democrats
have been singularly uninterested in pursuing the kind of legislation
that the FCC needs to extend its authority. They certainly campaigned
on the issue, and progressives expected action on it in this session of
Congress. Unfortunately, Democrats fumbled the health-care bill so
badly that they probably have no time left to consider net neutrality,
or for that matter, the stomach for another hard-Left agenda item before
the midterm elections."
- I Have Mixed Feelings, writes new
media guru Jeff Jarvis: "On the one hand, I do
not want government regulation of the internet. On the other hand, I do
not want monopoly discrimination against bits on the internet. I see it
as a principle that all bits are, indeed, created equal. But how is this
enforced when internet service is provided by monopolies? Regulation.
But I don’t want regulation. But… That is the vicious cycle of the net
neutrality debate." He goes on to propose a Bill of Rights for
cyberspace.
I. We have a right to connect.
II. We have the
right to speak.
III. We have the right to assemble.
IV. We have
the right to act.
V. We have the right to control our data.
VI.
We have the right to control our identity.
VII. What is public is a
public good.
VIII. All bits are created equal.
IX. The internet
shall be operated openly.
- Net Neutrality Not Dead Yet, writes
Chris Thompson at The Big Money:
"The FCC will most likely push this up the courts, so net neutrality
isn't dead just yet. But this ruling could have wide and unforeseen
consequences for how we use the Web and what we pay for the privilege. "
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