Must read Net Neutrality Rules invalid, Court rules

[Dave Farber <dfarber () me com>]

Begin forwarded message:

> From: Randall <rvh40 () insightbb com>
> Date: April 6, 2010 11:55:29 AM EDT
> To: David Farber <dave () farber net>, Dewayne Hendricks <dewayne () warpspeed com>, Telecom Regulation & the 
> Internet <CYBERTELECOM-L () LISTSERV AOL COM>
> Subject: Net Neutrality Rules invalid, Court rules

> http://news.cnet.com/8301-13578_3-20001825-38.html
>
> The Federal Communications Commission does not have the legal authority to impose strict Net neutrality regulations 
> on Internet providers, a federal appeals court ruled Tuesday.
> A three-judge panel in Washington, D.C. unanimously tossed out the FCC's August 2008 cease and desist order against 
> Comcast, which had taken measures to slow BitTorrent transfers and had voluntarily ended them earlier in the year.
> Because the FCC "has failed to tie its assertion" of regulatory authority to any actual law enacted by Congress, the 
> agency does not have the authority to regulate an Internet provider's network management practices, wrote Judge David 
> Tatel of the U.S. Court of Appeals for the D.C. Circuit.
> Even though liberal advocacy groups had urged the FCC to take action against Comcast, the agency's vote to proceed 
> was a narrow 3-2, with the dissenting commissioners predicting at the time that it would not hold up in court. FCC 
> Commissioner Robert McDowell, a Republican, said at the time that the FCC's ruling was unlawful and the lack of legal 
> authority "is sure to doom this order on appeal."
>
> [SNIP]
>
> --
> The war on privilege will never end. Its next great campaign will be against the privileges of the underprivileged. 
> H. L. Mencken



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