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The Courts: Comcast v FCC and Net Neutrality

Dragon's picture

Dragon — Wed, 04/07/2010 - 07:17

Due to the massive size of text I will NOT be linking the full case brief as written out by the U.S. Court of Appeals in their decision. This will be updated throughout the day until I feel as if I am done. Some things of note before reading my arguments:

#1. I will for the most part try to leave my own personal position on this out of whatever I type.

#2. The ONLY sources I'll accept are those with a link to the actual pdf write up by the Case by the Court of Appeals in Comcast v FCC when dealing with facts of the case itself lest others need to come into play.

a. Comcast v FCC This is a link to the actual Courts opinion on the case however it is a 3rd party link as I cannot get one from the Actual U.S. Courts website yet. This link does provide full text of the brief however.

b. Communications Act of 1934

#3. Discussion is encouraged however flaming of others will result in possible deletions of comments

#4. Depending on how this goes I might look into doing similar things on other hot topic court cases at varying levels. 

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pulga's picture

I hate to agree with the

pulga — Wed, 04/07/2010 - 09:27

I hate to agree with the court in this case, but it's right.  Since broadband is categorized as a "lightly regulated" telcom service, the FCC currently doesn't have the legal right to impose net neutrality or really anything.  In order for this to change, either the FCC will have to ask for Congress to allow the FCC to keep it categorized as lightly monitored but be allowed to impose rules for the internet providers, will have to appeal and hope the Supreme Court A) takes the case (it probably will) B) decides in the FCC's favor (don't think it will).  The FCC could also reclassify broadband as "heavily regulated" which would allow more control over ISPs.  I'm not sure if that would work either, but I'm no expert.  Most ISPs have a monthly bandwidth cap, and that really should be more then enough to satisfy their needs of not having everyone using bittorent and whatnot using up all the bandwidth. 

As posted in the shoutbox...

Netti — Wed, 04/07/2010 - 07:59

http://www.legalaffairs.org/webexclusive/dc_printerfriendly.msp?id=86

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