Wednesday, January 15, 2014

Glass half full? Winning and Losing in the Net Neutrality Decision

Winning and Losing in the Net Neutrality Decision | The Volokh ConspiracyThe Volokh Conspiracy: "Didn’t Verizon win? Yes, but there are three caveats.  First, and least importantly, the nondiscrimination rule applies to wireline Internet broadband providers but never applied to mobile Internet providers, so vacating that rule doesn’t affect mobile providers (like Verizon Wireless). Second, and more importantly... the D.C. Circuit opinion suggests the permissibility of a different form of “no-blocking” rule (one that the FCC’s general counsel at oral argument endorsed and claimed was the no-blocking rule the FCC in fact promulgated, but the D.C. Circuit read the rule differently).  But third, and most importantly, the D.C. Circuit majority reads section 706 of the Telecommunications Act of 1996 as providing significant regulatory authority to the FCC.  This is the most significant aspect of the opinion, in my view.  And the authority seems pretty broad." 'via Blog this'

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