Timothy M. Denton

Success Through Understanding Technology

Timothy Denton's Blog

Commentary and insights on policy issues in telecommunications and the Internet.

  • Home
    Home This is where you can find all the blog posts throughout the site.
  • Categories
    Categories Displays a list of categories from this blog.
  • Tags
    Tags Displays a list of tags that has been used in the blog.
  • Bloggers
    Bloggers Search for your favorite blogger from this site.
  • Team Blogs
    Team Blogs Find your favorite team blogs here.
  • Login

Important victory for net neutrality in the US

Posted by on in Industry News
  • Font size: Larger Smaller
  • 0 Comments
  • Print

 

The US Court of Appeals for the District of Columbia Circuit upheld the FCC rules on net neutrality today.

They did so on the basis that they are common carriers, and do not have speech rights such that the net neutrality would interfere with.

The Wall Street Journal reported that:

In the core decision, the D.C. circuit court ruled the FCC had sufficient basis to impose utility-style regulation on broadband service, because consumers no longer look to internet-service providers to provide the online content they are seeking.

 

 

The appeals court’s 2-1 ruling sided with the FCC in a dense, methodical opinion that rejected the challengers’ various arguments one by one.

The Court was said by the New York Times to have decided to treat broadband as a utility, not a luxury.

The actual judgment is found here.

The absence of any First Amendment concern in the context of common carriers rests on the understanding that such entities, insofar as they are subject to equal access mandates, merely facilitate the transmission of the speech of others rather than engage in speech in their own right. (at page 110)

 
 
 

 

0
Trackback URL for this blog entry.

Timothy Denton is a lawyer by training who practices principally in telecommunications and Internet policy and domain name issues, with a strong concentration on explaining what the technology is and what it means.

Comments

  • No comments made yet. Be the first to submit a comment

Leave your comment

Guest Tuesday, 12 November 2019
You are here: Home Timothy Denton's Blog Important victory for net neutrality in the US