The ongoing battle over rules of the road for the internet will go on for longer — maybe even much longer — after the D.C. Circuit Court of Appeals delivered a mixed ruling that will se…
, or a set of rules to prohibit internet providers from blocking or throttling web traffic, or from selling so-called “fast lanes” to content providers for speedier access to the consumer. The idea is that all web traffic — whether coming from Netflix or a local church — should be treated equally.
“The Commission ignored binding precedent by failing to ground its sweeping Preemption Directive—which goes far beyond conflict preemption—in a lawful source of statutory authority. That failure is fatal,” the judges wrote in their per curiam opinion. The judges also upheld a rule that the FCC passed in lieu of the Obama-era regulation: A transparency rule that requires ISPs to disclose their traffic management practices.“The court affirmed the FCC’s decision to repeal 1930s utility-style regulation of the Internet imposed by the prior Administration,” he said. “The court also upheld our robust transparency rule so that consumers can be fully informed about their online options.
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