Tuesday, April 6, 2010

Comcast vs. FCC - round 1 to Comcast

So, old news as I write this, but Comcast got a court of appeals to rule that the FCC overstepped its bounds when it forced Comcast to stop throttling BitTorrent a couple of years back (link). Has it really been that long ago? At any rate, I was perturbed when I first heard this, being the staunch backer of 'net neutrality that I am... but I'm at least as staunch a supporter of the rule of law, and, in truth, the FCC's order was based on something closer to the Pirate Code from Pirates of the Caribbean (more like guidelines, really). While the goal was seemingly noble, government shouldn't get in the habit of claiming power it doesn't have, lest less-noble goals get the same treatment.

Of course, the question becomes "what now?" The FCC could pursue the appeals process higher, and get spanked by the Supreme Court, more likely than not. They could seek to classify Internet access as equivalent to phone service, bringing regulation and common-carrier requirements solidly into play, and trigger legal battles on a grand scale. They could wait for Congress to pass legislation giving them more nuanced/neutered powers over 'net providers... but good luck with that, since Internet access isn't even remotely sexy, even in political terms, and the big-business-friendly Republicans are already in an obstructionist mood. All I know is that there's no clarity right now as to who has how much say over how rabidly Internet providers can pursue their profit motives at the expense of their customers... customers that don't have the wealth of choices necessary to let the market truly dictate winners and losers. Here's hoping things get figured out quickly.

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