Tuesday, April 6, 2010

Will we let the government have this too?

The Associated Press is reporting that the FCC has lost a key ruling on it's desire to begin regulating free speech on the internet. We can only hope that this is as big of a setback as the writer suggests. Youtube, Google, and any other major innovation might not be at our fingertips today were this type of regulation in place when they were dreamed up. Net Neutrality is government control. Period. The organization of the TEA Party's, the ability for small Mom and Pop Companies to make a name for themselves alongside the big players of Corporate America, the advent of the blogging writer digging for the truth and putting it out there for the world to see and debate, true and unregulated 21st century dialogue . . . with Net Neutrality it's all gone.

The ruling itself had little to do with content, and focused more on ISP companies participating in what's referred to as traffic shaping. Companies had been traffic shaping in order to penalize users who illegally download copyrighted material such as music and movies, through the use of torrent files.

However, the ruling clearly questions the FCC's authority to control ISP's "network management practices," a clear sign that the content related regulation of Net Neutrality proponents would be an uphill battle. The court’s decision states that while the FCC is permitted to make rules and issue orders to fulfill its own responsibilities, “for a variety of substantive and procedural reasons those provisions cannot support its exercise of ancillary authority over Comcast’s network management practices.”

FCC loses key ruling on Internet `neutrality'

By JOELLE TESSLER - AP Technology Writer

A federal court threw the future of Internet regulations and U.S. broadband expansion plans into doubt Tuesday with a far-reaching decision that went against the Federal Communications Commission.

The U.S. Court of Appeals for the District of Columbia ruled that the FCC lacks authority to require broadband providers to give equal treatment to all Internet traffic flowing over their networks. That was a big victory for Comcast Corp., the nation's largest cable company, which had challenged the FCC's authority to impose such "network neutrality" obligations on broadband providers.

The unanimous ruling by the three-judge panel marks a serious setback for the FCC, which is trying to adopt official net neutrality regulations. FCC Chairman Julius Genachowski, a Democrat, argues such rules are needed to prevent phone and cable companies from using their control over Internet access to favor some kinds of online content and services over others.

The case centers on Comcast's actions in 2007 when it interfered with an online file-sharing service called BitTorrent, which allows users to swap big files such as movies over the Internet. But public interest groups stressed that the ramifications of Tuesday's ruling are much broader. That's because it undercuts the FCC's ability to prevent broadband providers from becoming gatekeepers for many kinds of online services, potentially including Internet phone programs and software that runs in a Web browser.

"Today's appeals court decision means there are no protections in the law for consumers' broadband services," Gigi Sohn, co-founder of Public Knowledge, said in a statement. "Companies selling Internet access are free to play favorites with content on their networks, to throttle certain applications or simply to block others."

The decision also has serious implications for the massive national broadband plan released by the FCC last month. The FCC needs clear authority to regulate broadband in order to push ahead with some its key recommendations, including a proposal to expand broadband by tapping the federal fund that subsidizes telephone service in poor and rural communities.

In a statement, the FCC said it remains "firmly committed to promoting an open Internet and to policies that will bring the enormous benefits of broadband to all Americans" and "will rest these policies ... on a solid legal foundation."

Comcast welcomed the decision, saying "our primary goal was always to clear our name and reputation."

At the heart of the court case is Comcast's challenge of a 2008 FCC order banning it from blocking subscribers from using BitTorrent. The commission, at the time headed by Republican Kevin Martin, based its order on a set of net neutrality principles adopted in 2005.

Read more of the AP Report at the Sun Herald

Net Neutrality is government regulation. It is the FCC picking and choosing what it decides is and is not in the best interest of the public. One of the biggest proponents is Al Gore. Need I say more?

The Cato Institute probably put it best when it calls Net Neutrality "A Solution In Search of A Problem.'"

This is a very good video from Reason TV that answers the question, "What the hell is Net Neutrality?"




And below is a video of Candidate Barack Obama endorsing Net Neutrality in 2007 to, as he puts it, "ensure the free and full exchange of information." Remember, he's the one that just gave us a $940 trillion dollar bill that would ensure the free and full exchange of health care for all citizens.




I ain't buying any of it. Reagan reminded us . . .

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