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by WilliamDhalgren 3586 days ago
comcast could in the US, and won in court. Despite US regulation being seen as quite robust.

By this text, they'd need to show it was an exceptional and temporary necessity to deal with congestion.

1 comments

If you are talking about the case from 5ish years ago, that was because the court struck down the entire basis for net neutrality. The net neutrality rules themselves didn't allow for blocking p2p.
yeah, that's the case. Could you clarify? I'm just seeing old articles claiming the last court verdict on the matter was that the FCC overstepped its authority in that particular case? Did some case or law change this? But yeah, hard to see how discriminating a particular protocol w/o cause could be network neutral.
Sure. There was a new FCC ruling that based it's decision on a much more legally sound law.

The FCC is allowed to regulate telecommunication services strictly. Right now it takes a sort of a hands off approach, but they have broad authority to make rules. Before 2015, the FCC considered ISPs to be "information services" instead of "telecommunication services." So the first time the FCC proposed net neutrality rules, it tried to apply them under the "information services" framework.

The Court in 2010 (I think) found that the FCC didn't have the power to regulate "information services" so harshly. So the court canceled their net neutrality rules.

So last year the FCC reclassified ISPs as telecommunication services. Since they are allowed to harshly regulate those services, it's considered very likely to upheld by the court this time.

The only chance it gets struck down is if the court thinks the FCC was clearly wrong about ISPs being a telecommunication service. But the law is pretty clear that are. But I think some ISPs are still fighting it.