DC Circuit Strikes Down FCC Net Neutrality Rules

On January 14, 2014, the U.S. Court of Appeals for the D.C. Circuit struck down FCC regulations requiring broadband internet providers to adhere to net neutrality requirements. The three-judge panel held the FCC's Open Internet Order exceeds the FCC's authority because broadband internet providers are not "common carriers." In turn, the panel concluded the FCC cannot regulate broadband internet providers in the same way that they regulate telecommunications providers. Net neutrality is a general term used to describe the principle that internet service providers should treat all internet data equally. Proponents of net neutrality seek to prevent internet service providers from discriminating against customers by charging different prices based on the type of data accessed by a customer. The FCC’s 2010 Open Internet Order was designed to protect consumers' rights to access Internet content without discrimination. The court's ruling now makes it easier for network providers to discriminate against certain content or data, blocking, throttling, or charging for data based on various internal criteria. To consumers, the court's ruling may open the door for internet service providers to increase the cost and complexity associated with accessing content online.

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