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ISPs Claim Title II Regulations Don't Apply To the Internet Because "Computers"

New submitter Gryle writes: ArsTechnica is reporting on an interesting legal tactic by ISPs in the net neutrality fight. In a 95-page brief the United States Telecom Association claims Internet access qualifies as information service, not a telecommunication service, because it involves computer processing. The brief further claims "The FCC's reclassification of mobile broadband internet access as a common-carrier service is doubly unlawful." (page 56)

3 of 124 comments (clear)

  1. Re:Interesting argument by ShanghaiBill · · Score: 4, Informative

    Won't this make them responsible for any of the crap (death threats, libel, etc) that they distribute as part of them being an "information service"?

    Yes, but with responsibility comes control. They will be able to censor and control what crosses their network, shut out competitors, and charge premiums. They will be able exploit their local monopolies to muscle into the content business.

  2. Re: Interesting argument by cyber-vandal · · Score: 3, Informative

    Penalise is the British English spelling you fuckwit.

  3. Re:Interesting argument by sumdumass · · Score: 1, Informative

    The same as they were after computer I and computers II and the interim reports to congress in 1996, 97, and 98.

    The FCC has never taken the position that the internet was ever anything other than an information service. This is prominent and clear starting as early as 1968. The only thing that happened to differ was the Portland cable case temporarily said cable internet was title II but it was overturned on appeals in 2002. The FCC did not let anyone do anything other than what they maintained for the 34 years previous.

    Believe it or not, the history on this goes back a lot further than 2002 or whenever you were born. Before 1996, the term used was enhanced services and the telecommunications act of 96 turned it into information services but it modeled it directly of the definition in the FCC paper computers II.