After a federal court ruling striking down net neutrality rules, the Federal Communications Commission decided not to appeal the ruling to the full federal appeals court or the Supreme Court. The FCC may opt to reclassify broadband services as a “common carrier” which would treat providers similarly to providers like telephone service, no favoritism allowed among customers or services. The FCC may also consider a no-blocking rule so that providers could not block or slow down their competitors or content they may oppose. (American Civil Liberties Union, February 19, 2014, by Gabe Rottman)
The Electronic Freedom Foundation thought it notable that the FCC expressed its intent to bolster transparency of Internet connectivity but also pointed out that it was a tough proposition to enforce connectivity given the nature of the Internet and the present lack of accord on what constitutes discrimination, i.e. unequal treatment of some traffic. (Electronic Freedom Foundation, February 19, 2014, by April Glaser and Seth Schoen)
Writing in The Volokh Conspiracy, February 19, 2014, Stuart Benjamin thinks that the Verizon v. FCC decision may be “a pyrrhic victory” for Verizon given the Court’s finding that the FCC had broad authority under section 706 of the Telecommunications Act.