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FTC Allows ISPs To Block Apps But They Must Disclose It (arstechnica.com)
An anonymous reader quotes a report from Ars Technica: The FTC can punish U.S. companies for unfair or deceptive practices. But in regard to net neutrality, this simply means that ISPs must disclose any behavior that would have violated the old net neutrality rules. "Under Section 5 of the FTC Act, we may prosecute unfair or deceptive acts or practices... Simply stated, we have a strong interest in ensuring that companies stand by their promises to consumers," FTC Chairman Joseph Simons said. The FTC would review whether ISPs keep their promises just as it reviews whether other companies keep their promises. "We would review ISPs' activities in the same way," Simons said. "For example, we could take action against ISPs if they block applications without adequately disclosing those practices or mislead consumers about what applications they block or how."
How would the FTC handle throttling of websites or online services? Simons explained: "To determine whether particular instances of throttling are deceptive, we would first evaluate what claims an ISP made to consumers about their services and how those claims are supported. We would look closely at any relevant research and evaluate the study's design, scope, and results and consider how a study relates to a particular claim. To evaluate whether a practice was unfair, we would consider whether the alleged throttling had countervailing benefits and whether there were reasonable steps consumers could have taken to avoid it. We would also consider consumer injury, the number of consumers affected, and the need to prevent future misconduct."
How would the FTC handle throttling of websites or online services? Simons explained: "To determine whether particular instances of throttling are deceptive, we would first evaluate what claims an ISP made to consumers about their services and how those claims are supported. We would look closely at any relevant research and evaluate the study's design, scope, and results and consider how a study relates to a particular claim. To evaluate whether a practice was unfair, we would consider whether the alleged throttling had countervailing benefits and whether there were reasonable steps consumers could have taken to avoid it. We would also consider consumer injury, the number of consumers affected, and the need to prevent future misconduct."
"To determine whether particular instances of throttling are deceptive, we would first evaluate what claims an ISP made to consumers"
That sure doesn't sound like it's requiring disclosure -- it sounds like they're just requiring that ISPs not claim to be neutral if they aren't.
If there is something unexplained that somehow requires an actual disclosure instead of just silence, the article is unclear about how exactly the disclosure would be required to work. Would it just be another line buried in a legalese terms of service that nobody reads, or are they actually required to promote the information in some way?
"In previous years, the FTC has sued both TracFone and AT&T for failing to adequately disclose throttling on unlimited data plans."
^ This sounds like a different issue: unlimited mobile data plans that throttle you when you exceed a soft cap. I don't see how that kind of thing has anything to do with net neutrality, except I guess when they choose to exempt certain partners from the throttling when over the cap.
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