F.C.C. Net Neutrality Rule, Struck Down by Court, May Need Major Overhaul

Note: Readers will find STLR’s earlier blog posts on “The Law and Politics of Net Neutrality,” and the discussion of net neutrality on Columbia Law Professor Tim Wu’s personal website to be extremely helpful. On January 14th, the D.C. Circuit enjoined the F.C.C. from enforcing “net neutrality” rules on Internet Service Providers (ISPs). Unless it is appealed to the Supreme Court, the ruling in Verizon v. F.C.C., 740 F.3d 623 (D.C. Cir. 2014), brings an Continue Reading →

STLR Link Roundup – September 26, 2011

The FCC has filed its finalized net neutrality rules, set to take effect on November 20. The rules will almost certainly face legal challenges from Verizon and MetroPCS over the extent of the FCC’s jurisdiction. David Ignatius writes on legal uncertainty and difficult questions facing the future “rules of war” for drone strikes. The debate has gotten fresh attention over last week’s report that the Obama administration’s legal team is split on the extent of Continue Reading →

The Law and Politics of Net Neutrality: Part 2

In the previous post, I wrote about the recent history of net neutrality, the Open Internet Rules in the works, and the ensuing backroom dealings and legislative battles.  But now that the mid-term elections are over, has the future of net neutrality rules changed, and is net neutrality dead? Republicans made gains in the Senate and took control of the House, but does the change in legislative politics impact the regulatory process (and the profit Continue Reading →

The Law and Politics of Net Neutrality: Part 1

The current political climate portends significant political changes following today’s midterm elections.  The balance of power will likely shift back toward the right, greatly reducing the governing mandate of the Democratic Party.  The current administration’s ability to push policies through will be tempered by a shift of power in Congress, possibly preventing the Obama administration from achieving its stated policy goals after two years in power.  One of the policy goals under attack is Net Continue Reading →

A Legal Setback for Net Neutrality Advocates

On Tuesday April 6th, a three-judge panel from the federal appeals bench ruled that the Federal Communications Commission has no authority to place “net neutrality” requirements on Internet Service Providers (ISPs). The unanimous ruling overturned the FCC’s August 2008 order for Comcast to cease slowing BitTorrent transfers. Comcast later voluntarily changed its own policy and agreed to treat BitTorrent traffic no differently from other traffic. However, the issue of the FCC’s legal authority still remained, Continue Reading →

Is the iPad’s Exclusion of Flash Unlawful?

Last month, Steve Jobs introduced the iPad to an eager crowd of Apple faithful, promising it would be magical and revolutionary.   Minutes into the presentation, Jobs browsed to a New York Times article only to find that in place of a large central image was a blank space with a small blue cube.   Some audience members seemed to laugh out loud at this all-too-familiar sight, realizing that the iPad, like the iPhone, lacked Flash capabilities. Continue Reading →

Net neutrality and the FCC: what’s being done to preserve it

Intro The issue of net neutrality (i.e. internet or network neutrality) is essentially a battle over how much control internet providers should have in deciding whether to give preferences to different sites and online applications. The battle lines are drawn over whether ISPs should have the right to exact direct control over the content and data flowing across their networks. For example, should Verizon Online DSL charge Google extra money to ensure that YouTube videos Continue Reading →