DC Circuit Overturns FCC Net Neutrality Rules, Analysis and Reactions (Updated)

DC Circuit Overturns FCC Net Neutrality Rules For the second time in four years, we are confronted with a Federal Communications Commission effort to compel broadband providers to treat all Internet traffic the same regardless of source—or to require, as it is popularly known, “net neutrality.” In Comcast Corp. v. FCC, 600 F.3d 642 (D.C. Cir. 2010), we held that the Commission…

Copyright Cats and Chickens and Internet Radio Fairness

ISP Graduated Response to Copyright Policing to Launch Nov 28 ISPs are getting ready to launch their copyright enforcement initiative known as Graduated Response starting November 28.  The plan was the collaborative work of the Center for Copyright Information, which is comprised of five Internet service providers (Verizon, Time Warner Cable, AT&T, Comcast, and Cablevision) and…

In the Courts: Jiffy’s $47 Million, Gambling, Backpage, Kim Dotcom, Defamation and ISP Censorship Right

Advertiser Settles Text Messaging Claim under TCPA for $47 Million Jiffy Lube’s parent corporation may pay $47 million under a class action settlement arising from sending text messaging wthout opt-in consent in violation of the Telephone Consumer Protection Act.  Unlike CAN-SPAM which does not impose any opt-in requirements, text messages require opt-in consent under the TCPA.…

Net Neutrality: Gatekeepers, Data Caps and Shareholder Votes

ISPs Fulfilling Warnings About Gatekeeper Role One of the arguments made by net neutrality proponents and dismissed by its opponents is that, absent some net neutrality regime, ISPs could discriminate against content or on any other basis to advance their economic interests.  Just as Ars Technica’s Timothy Lee published an interesting piece that suggested that bandwidth…