PublicKnowledgeDC189 karma2015-02-05 18:29:22 UTC
It is true that the FCC is not implementing last-mile unbundling obligations in these rules, but there are still other steps the FCC can take to encourage competition for consumers, like examining all the potential harms of mergers or encouraging the deployment of new networks through efforts like municipal broadband.
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PublicKnowledgeDC186 karma2015-02-05 18:11:03 UTC
I'm hopeful that on this issue, Chairman Wheeler actually had the courage to listen to the opinions of average Americans and change his proposal. Its hard to go against an army of industry lobbyists!
My Worry... Its hard for 435 members of Congress to have the same collective courage
PublicKnowledgeDC161 karma2015-02-05 18:43:16 UTC
You raise some important questions. With regard to BitTorrent specifically, the FCC (under a Republican Chairman) has precedent for the position that it is not reasonable to block or degrade a whole protocol just because some of its uses might be infringing. Any such overly broad interpretations in the future of that language would not be reasonable and would clearly be contrary to the purpose of the law.
This is something we need to keep an eye on, but I would advocate the position that the "lawful content" language simply means that the FCC's rules don't (indeed, they can't) take away any of an ISP's existing obligations under the DMCA, etc.
PublicKnowledgeDC146 karma2015-02-27 20:06:35 UTC
Net neutrality got enough attention to get a strong rule passed. As far as I'm concerned, after that the internet can debate whatever it wants.
PublicKnowledgeDC134 karma2015-02-27 19:37:14 UTC
It does not, but it does create a process at the FCC where this practice can be challenged as unreasonable. Public Knowledge has long encouraged the FCC to actually collect information on these data cap policies because they can be used in a harmful way. A challenge under the new Net Neutrality rules is a possibility, but this is why we needed rules and a cop on the beat.
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