With thanks to one of my students for passing this along, the U.S. Court of Appeals for the District of Columbia has held that the FCC is not entitled to enforce net neutrality in a case where the FCC had ordered Comcast to stop selectively slowing down BitTorrent traffic. Full story here.
Caveat that the FCC’s laws have never been my thing, but my sense is that this was pretty much expected. Kevin Werbach is arguing that Title II of the Communications Act might be a better source of jurisdictional authority. I guess we’ll have to see how that plays out.
Kevin’s article:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1371222
The DC Circuit has been fairly skeptical of any new Title I claims for years. Prior broad readings are being reined in. Statutory text here:
http://www.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000151—-000-.html
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