Broadband

by Mike Masnick


Filed Under:
broadband, congress, fcc, mandate, net neutrality

Companies:
verizon



As Expected, Court Strikes Down FCC's Net Neutrality Rules: Now What?

from the not-the-end-of-the-world dept

Almost everyone I've spoken to (on both sides of the net neutrality debate) more or less expected the ruling that came down this morning in the DC circuit, in which the appeals court struck down the FCC's net neutrality rules because the the FCC had no mandate under the rules it used to issue that ruling. Basically, this is exactly what lots of us said at the start of this whole process. I've seen a bunch of reports overreacting to this today, from people saying that it's "the death of the internet." It's not. There are problems on both sides here. The telcos absolutely do want to abuse things to effectively double charge both sides. And that could clearly create significant issues with the basic end-to-end nature of the internet.

However, on the flip side, we should be equally concerned about the FCC overstepping its bounds and mandate in regulating the internet. Because that opens up the opportunity for the FCC to regulate all sorts of aspects of the internet in dangerous ways. So, this ruling is both good and bad. It stops the FCC from overstepping its bounds... but opens up the opportunity for the telcos to sweep in and try to upset the basic concepts of the internet. It's what happens now that becomes interesting. The court does leave open the possibility that the FCC could use other aspects of its mandate to establish net neutrality rules -- where it has a much more firm legal footing. In other words, the court is telling the FCC basically: you can establish net neutrality rules if you do it correctly.

Separate from that, it's possible that Congress could step in as well -- though the issue of net neutrality in Congress has become partisan, and thus toxic. Of course, in the meantime, it seems likely that the FCC will appeal to the Supreme Court, and there's a decent chance that the Supreme Court will take the case -- though I'd be very, very surprised if the Supreme Court came to a different ruling. The original FCC rule, while well intentioned, definitely stretched the FCC's mandate, and it's no surprise that it's now been slapped down.

Reader Comments

Subscribe: RSS

View by: Time | Thread


  1. icon
    Internet Zen Master (profile), 14 Jan 2014 @ 10:31am

    My only gripe is that people who are cheering ruling as a good thing because it's 'stifling the free market' are telling everyone who knows this ruling potentially has devastating consequences to the Internet if the current telco oligopoly gets their way that it's good because "competition!" and "if you don't like your provider, vote with your wallet!".

    It's not exactly a free market when your city's only real options are Craptastic company A or Craptastic Company B, and that's if your lucky. A virtual duopoly (or worse, monopoly) a free market does not make.

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here
Get Techdirt’s Daily Email
Use markdown for basic formatting. HTML is no longer supported.
  Save me a cookie
Follow Techdirt
Techdirt Gear
Shop Now: I Invented Email
Advertisement
Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Advertisement
Report this ad  |  Hide Techdirt ads
Recent Stories
Advertisement
Report this ad  |  Hide Techdirt ads

Close

Email This

This feature is only available to registered users. Register or sign in to use it.