4.07.2010

Is Net Neutrality Dead?

In Comcast v. FCC, No. 08-1291 (D.C. Cir. Apr. 6, 2010), the U.S. Court of Appeals for the District of Columbia held that the U.S. Federal Communication Commission (FCC) lacks authority to impose a "net neutrality" standard on Comcast, a cable network provider. Among other things, the FCC's net neutrality standard seeks to prevent ISP discrimination against particular content or applications. An apparent consequence of the court's decision is that the FCC is now powerless to prevent broadband providers from engaging in anti-competitive and anti-consumer behavior on the Internet, such as website blocking, though arguably the Federal Trade Commission could take up some broadband issues in this respect.

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