Hacker News new | ask | show | jobs
by dragonwriter 3085 days ago
> What mechanisms?

Case-by-case application of the Open Internet principles from 2005-2010, Title I regulation from 2010-2014, Title II regulation from 2015-2017. The case-by-case approach was struck down by the courts in 2010 while the Title I regs were being drafted; the Title I regs being struck down in 2014 with a specific identification of Title II as the legal basis that would support the kind of rules the FCC adopted under Title I is what prompted the Title II regulations to be drafted.

> The cases of fraud or misrepresentation are just that.

The VoIP and BitTorrent blocking cases before the Title I regs were adopted weren't based on general fraud or misrepresentation principles, but on the FCCs publicly adopted Open Internet (net neutrality) principles.

1 comments

So no preemptive regulation before 2015. When the entire internet was created.
> So no preemptive regulation before 2015.

That's clearly wrong, but how wrong is a matter of interpretation: it's either the 2010 or 2005; the Title I regs in 2010 were no less “preemptive” than Title II, and the 2005-2010 approach was, IIRC, struck down because it amounted to preemptive regulation adopting the net neutrality principles as binding rules without following the mandatory process of the Administrative Procedure Act.