Tom Wheeler Defeats the Broadband Industry: Net Neutrality Wins In Court (bloomberg.com)

Andrew M Harris and Todd Shields, reporting for Bloomberg: The Federal Communications Commission won a major appeals court ruling supporting its efforts to prevent broadband Internet service providers from favoring some types of web traffic over others. The Washington-based court Tuesday denied challenges to the federal government's so-called net neutrality regulations, which were backed by President Barack Obama. The ruling hands a victory to those who champion the notion of an open internet where service providers are prevented from offering speedier lanes to content providers willing to pay for them. It's a defeat for challengers including AT&T Inc., Verizon Communications Inc. and Comcast Corp., which said the rule would discourage innovation and investment.FCC Chairman Tom Wheeler said, "Today's ruling is a victory for consumers and innovators who deserve unfettered access to the entire web, and it ensures the Internet remains a platform for unparalleled innovation, free expression and economic growth. After a decade of debate and legal battles, today's ruling affirms the Commission's ability to enforce the strongest possible internet protections -- both on fixed and mobile networks -- that will ensure the internet remains open, now and in the future."

Comments

Major Loss for Internet Freedom

[Anonymous Coward]

Also a major loss for internet freedom generally. The big issue in the case was whether the government could classify the internet as a Title II communications carrier - which allowed it to dramatically expand the type of regulation it is subject to. Net neutrality light was just a first step and will be looked back as the first time the FCC became the "Department of the Internet."

Traffic lanes designated to buses or bicycles next

[mi]

favoring some types of web traffic over others

I can not identify an argument for "net neutrality", that would not also not apply to attempts to prioritize — such as by designating traffic lanes for them — buses, bicycles, cars with electronic toll-payment transponders, and even for emergency vehicles.

In fact, I suspect strongly, that, had the Internet-service provision been in government's hands already, the same people arguing for "net neutrality" today, would've been arguing for "sensible measures" to prioritize "special" traffic.

And vice versa — had private corporations been in charge of streets and highways, their attempts at prioritization would've attracted the same criticism currently hitting the ISPs.

Some neutralities are more neutral than others...

Re:Traffic lanes designated to buses or bicycles n

[mi]

"Only vehicles built by Ford can drive in this neighborhood."

Nope, that's a false analogy. Net-neutrality supporters argue against discrimination based on packet-contents and origination, not the network gear, that generated them. Giving priority to Ford-made buses over Ford-made sedans would've been wrong in their opinion.

Re:Traffic lanes designated to buses or bicycles n

[mi]

I've always viewed the entire net neutrality debate as a (hopefully) temporary sideshow while/until we fix the larger problem of lack of competition. The only reason (e.g.) Comcast is able to pull the shenanigans that they are is because we can't go anywhere else.

The problem is, such regulation impedes competition — the more "reasonable regulations", that the governments — Federal and lesser alike — throw at the ISPs, the harder it is to unseat the incumbents. Comcast CEO plays golf with Obama — do you suppose, Obama-appointed FCC-commissioner(s) will be equally fair to Comcast and a challenger?

The less free the market — and government officials deciding, what the owner can do with his cables, is unquestionably reducing freedom — the harder it is for Capitalism's usual forces to work their magic.

Re:Traffic lanes designated to buses or bicycles n

[mi]

I can not identify an argument for "apples" that would not also not apply to "oranges."

When the point is common to all fruits — as mine was common to all networks used and maintained by different entities — apples and oranges can, indeed, be discussed interchangeably.

Hope that helps clarify it a bit.

Re:Traffic lanes designated to buses or bicycles n

[mi]

To correct your metaphor you'd need to distinguish the vehicles on the road by brand, not by their capabilities.

The government, that maintains the roads, gives priority to the buses, which it also runs, how is that? For another, the government, which wants everybody to pay tolls electronically (to make it easier to track citizens' movements), gives priority to cars that have E-ZPass installed.

The problem with Internet Service Provision is lack of competition. Adding more and more regulation only helps the incumbents ward off would-be challengers.