Learn The Latest Net Neutrality Update and Judge’s Ruling

The Latest Net Neutrality Update and Judge’s Ruling

Last Updated: October 18, 2019

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We felt it’s time to provide a Net Neutrality update with an important judge ruling hitting the news earlier this month. It remains a topic affecting the Internet usage of homes and businesses across the country. If you want to learn more about the topic, check out our overview.

What we said in 2014 still applies today:

“Net Neutrality means that all data on the Internet is equal, no matter its source or its original creator. This is how the Internet has always operated. ISPs provide you the bandwidth and Internet speed you pay for without any say or control of where that data originates: Netflix, Pandora, Amazon — it makes no difference.”

The current administration of the FCC repealed most of the principles around Net Neutrality in 2017. They were promptly sued by Mozilla and others. Additionally, a few states passed their own laws counteracting the FCC ruling. In some cases, these policies are stronger than the original.

The FCC’s newest logo.

The recent federal appellate court ruling focused on the Mozilla suit. On the surface it seemed like a win for FCC head, Ajit Pai. Ultimately, the truth lies in the details. Let’s take a closer look.

A Closer Look at the Federal Court Net Neutrality Ruling

As noted above, Mozilla led the suit against FCC along with a host of other tech companies. Read more about their reasons in this blog post.

The ruling upheld the FCC’s repeal on most of the points raised by Mozilla. In many cases, they felt bound by precedent to allow Ajit Pai’s team to dictate policy. For example, the FCC edict reclassifying broadband as an information service still applies. In short, this allows for fewer regulations for Internet providers.

This portion of the ruling is the main reason the judge’s ruling seemed like a win for the FCC. Remember about the states passing their own Net Neutrality laws after the FCC repeal? Pai’s team argued that the FCC retained full authority to overrule these state laws.

However, the judge struck down that entire portion of the FCC’s new edict. She claimed the FCC doesn’t have the authority to stop any state from setting its own Net Neutrality policies. Considering the strong bipartisan popularity of the “free Internet,” expect more states to follow California’s lead and pass their own Net Neutrality rules.

So What’s Next After Latest This Net Neutrality Update?

Considering this raises a question on states rights vs. the federal government, expect Net Neutrality to eventually reach the Supreme Court. Still, the concept remains very popular view voters on both sides of the aisle. Frankly, not much changed for consumers after the 2017 FCC repeal.

If many states pass their own laws on Net Neutrality, expect Internet service providers the follow these edicts nationally. It makes little operational sense for these companies to implement 50 different Internet usage policies. Ironically, the judge noted by reclassifying the Internet as an information source, the FCC removed its own authority over the states.

For a deeper dive on this month’s Net Neutrality ruling, check out this excellent article at TechCrunch.

Ultimately, don’t expect your Internet service to change too much because of the latest Net Neutrality update. As always, make sure you perform regular speed tests to ensure you get the bandwidth you deserve.

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Learn The Latest Net Neutrality Update and Judge’s Ruling

Net Neutrality Repealed – Now What?

Last Updated: December 15, 2017

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As expected, the FCC repealed the Net Neutrality principles voted in by the Tom Wheeler-led commission in 2015. Also as expected, the vote was on party lines, with the three Republican commissioners voting to repeal, while the two Democrat commissioners dissented. Since this outcome surprised no one, a singular question remains: what’s next?

The FCC’s newest logo.

This remains an important issue; likely influencing how you consume bandwidth in your household. What follows is a quick analysis of the ruling and its expected effects on the Internet in the United States. Also, check out our previous coverage of the topic to learn more about its underlying concepts.

Can the FTC Police Internet Providers?

One of the major points behind Ajit Pai’s repeal involves ISPs self-policing the potential blocking of websites, creating paid Internet “fast lanes,” or throttling bandwidth. The plan is to engage the Federal Trade Commission (FTC) to ensure Internet providers keep their promises. Dissenting FCC Commissioner, Jessica Rosenworcel is skeptical.

“But the FTC is not the expert agency for communications. It has authority over unfair and deceptive practices. But to evade FTC review, all any broadband provider will need to do is add new provisions to the fine print in its terms of service. In addition, it is both costly and impractical to report difficulties to the FTC,” said Rosenworcel.

Michael Powell, president of Internet and Television Association, an industry trade group, feels the worries about bandwidth throttling and fast lanes are misplaced. “None of the fire-and-brimstone predictions will come to pass. The nation’s broadband providers have lived the principles of net neutrality for years,” said Powell.

Net Neutrality remains Popular – Congress to the Rescue?

The principles of Net Neutrality remain popular with the public – 84 percent support them according to one poll by the University of Maryland – and both sides of the aisle in Congress. In fact, Republican Senator, Susan Collins of Maine, tried to get the FCC to delay their vote. Nonetheless, bipartisan legislation is likely to cement some of the concepts of the “Free Internet” into law.

Before that happens, expect the lawsuits to fly, with industry giants, like Amazon, Google, and others expected to take part. Part of their reasoning includes the fact this repeal took place only two years after the original FCC ruling in favor of Net Neutrality. In short, it is an “arbitrary and capricious” move violating the Administrative Procedures Act.

A potential congressional law could give the FCC the authority to enforce some Net Neutrality concepts without the reclassification of Internet service as a utility. Pai and others felt that latter part of the 2015 ruling overreached the FCC’s authority. Ultimately, pay close attention to see how this vital issue continues to evolve throughout next year and beyond.

Count on us to continue covering Net Neutrality as it continues to affect your Internet usage.