Very little needs to be said about the importance of net neutrality. The basic premise is that internet service providers (ISPs) should not be able to control the speeds at which certain data gets to consumers.
The U.S. Court of Appeals for the D.C. Circuit handed down a ruling yesterday in Comcast v. F.C.C. that held the F.C.C. did not have the statutory authority to regulate ISPs and enforce net neutrality.
The D.C. Circuit is probably right, but the modern American administrative state is replete with examples of independent agencies skirting the outer limits of their authorizing statutes to regulate emerging or novel industries. If the Supreme Court doesn't grant certiorari to review this decision, or if it eventually upholds it, Congress should act immediately to give the F.C.C. the authority it needs to ensure that web traffic is not subject to any form of artificial policing or content control.
— C.
Comcast Corporation v. Federal Communications Commission (No. 08-1291) [PDF]
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