Net Neutrality: What the FCC's decision means for the US.

Exactly what is Net Neutrality?

Net neutrality is the concept that an Internet based service ought not to distinguish between the different websites, programs, and services that are spread on its network. This may be privately guaranteed, by means of a contract between a subscriber and their Web Service Provider, or it could very well be enforced by the government. Usually when "net neutrality" is spoken about, it refers to the idea of the government enforcing it. The agency which has taken on the objective of guaranteeing net neutrality is the Federal Communications Commission.

FCC's Recent Net Neutrality Order

On December 21, 2010, the FCC voted in favor of pushing Web Service Providers to adopt net neutrality as a policy. The press release's title was "FCC Acts to Preserve Web-based Freedom and Openness," as only those who oppose freedom and openness could very well be opposed to net neutrality. The FCC dedicated most of the second page of its press release to citing various statutory authorities in an attempt to explain why it ought to be able to implement this order-not exactly the appearance of confidence in the legality of what they are doing.

FCC Rules that prohibit blocking of internet services

A person engaged in the provision of fixed broadband Cyberspace access service, insofar as such person is so engaged, shall not block lawful content, applications, services, or non-harmful devices, subject to reasonable system management.

A person engaged in the provision connected with cellular broadband internet Word wide web access service, insofar as such person is so engaged, shall not block consumers from accessing lawful websites, subject to reasonable network management; nor shall such person block applications that compete with the provider's voice or video telephony services, subject to reasonable computer network management.

The effect of this law is to reduce ISPs from determining when they may or may not restrict traffic. The phrase "reasonable network system management" has its own definition listed in the Report and Order, but it is so broad that it will inevitably permit the FCC to crack down on ISPs whenever it feels like doing so . If they engage in the most common Administrative Law practice, they are likely to litigate against smaller ISPs who have a lesser chance of defending themselves.

Net Neutrality isn't new. . It previously attempted to regulate the network management practices of Comcast-specifically Comcast's regulation of peer-to-peer file-sharing on its computer network. Although the FCC has attempted to justify its actions, it is still limited. ? 154(i)). Comcast ultimately launched a court challenge in opposition to the FCC, and in April 2010 the US Court of Appeals in the District of Columbia sided with Comcast and granted its order for review of the FCC's decision.

In granting the order for review, the Court cited another case that it had previously decided, stating that "the allowance of wide latitude in the exercise of delegated powers is not the equivalent of untrammeled freedom to regulate activities over which the statute fails to confer ... Commission authority."

There are numerous economic and constitutional issues with the recent net neutrality legislation from the FCCThis has not stopped the FCC from taking action, however. Aside from the fact that an administrative agency is taking seemingly even greater liberties than those which were struck down in the Comcast case earlier this year , and extinguishing Congress' wish to debate the law, the businesses which are affected are going to suffer. By way of preventing companies from determining which traffic could be limited, the FCC is going to give them two choices:

1) Suffer major computer network slowdowns due to the increase use of bandwidth without the associated ability to pay for it or;

2) Increase the aggregate computer network bandwidth but distribute costs evenly so that those who may use the Word wide web for only basic browsing and e-mail have to pay for the iTunes downloads of someone else.

Often option, it does not look good for ISPs or perhaps their own clients who use less bandwidth than their fellow subscribers . It's going to be interesting to watch the coming court cases over the next year or so, which ISPs and possibly affected consumers will no doubt want to launch. The legislature may most likely join in the arena, too.

If you would like to learn more about how the new net neutrality law affects you, or would like assistance in considering possible legal options regarding the law, please contact a qualified On line law attorney.

The Kelly Law Firm handles internet law and net neutrality law issues.