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The Open Internet Order of 2010 established a set of net neutrality rules based around 3 concepts[0]: 1.) Transparency. Fixed and mobile broadband providers mu
by dsp1234 9y ago
The Open Internet Order of 2010 established a set of net neutrality rules based around 3 concepts[0]:
1.) Transparency. Fixed and mobile broadband providers must disclose the network management practices, performance characteristics, and terms and conditions of their broadband services
2.) No blocking. Fixed broadband providers may not block lawful content, applications, services, or non-harmful devices; mobile broadband providers may not block lawful websites, or block applications that compete with their voice or video telephony services.
3.) No unreasonable discrimination. Fixed broadband providers may not unreasonably discriminate in transmitting lawful network traffic.
In 2014, in Verizon vs. the FCC[1], the appeals court struck down the No blocking and No unreasonable discrimination sections of the Open Internet Order. The court at the time noted that as long as broadband providers were considered under Title I, those sections could not apply to them. However, the court also noted that, in general, the FCC did have the power to enforce the Open Internet Order using Title II, and that the FCC had the ability to reclassify the ISPs under Title II.
Thus in 2015, the FCC reclassified broadband providers under Title II, thus making the No blocking and No unreasonable discrimination sections apply to them once again.
The history goes:
2010-2014: Transparency, No blocking, No unreasonable discrimination
2014-2015: Transparency, blocking ok, unreasonable discrimination ok
2015-now: Transparency, No blocking, No unreasonable discrimination
What the FCC wants to do now is to repeal the action taken to classify broadband providers under Title II, and move them back to Title I. This would again eliminate the ability of the FCC to enforce the Open Internet Order's No Blocking and No Unreasonable Discrimination sections.
[0] - https://en.wikipedia.org/wiki/FCC_Open_Internet_Order_2010 https://en.wikipedia.org/wiki/FCC_Open_Internet_Order_2010
[1] - https://en.wikipedia.org/wiki/Verizon_Communications_Inc._v._FCC_(2014) https://en.wikipedia.org/wiki/Verizon_Communications_Inc._v....