Regulatory classification

The impending repeal of net neutrality rules is being used by Charter Communications to fight a lawsuit that alleges the company made false promises of fast Internet service. New York Attorney General Eric Schneiderman in February filed the lawsuit against Charter and its Time Warner Cable subsidiary.

The belief that the Federal Trade Commission will be able to fill in for the Federal Communications Commission on net neutrality doesn’t hold much water. When it comes to net neutrality, the FTC is ill-equipped to regulate the industry in a number of ways, and all we have to do is look at the the way internet service providers used to act. Unlike the FCC, the FTC has little to no ability to create its own regulations. It also, by design, only acts after the fact, which hardly protects consumers, particularly if the shady behavior isn’t noticed right away by the powers that be.

In a recent article, respected technology industry analyst and blogger Ben Thompson argued that he supports net neutrality, but thinks the Federal Communications Commission is right to repeal rules that ban broadband providers like Comcast and Verizon from blocking, slowing down, or otherwise discriminating against legal content. Thompson argues that designating broadband providers as common carriers is a "heavy-handed” way to enforce net neutrality, echoing industry voices, and FCC chair Ajit Pai.

As the Federal Communications Commission moves forward with plans to repeal Obama-era net neutrality rules, a new Morning Consult/Politico poll shows bipartisan support for keeping the regulations in place. Fifty-two percent of registered voters in a Nov. 21-25 poll said they support the current rules, which stipulate that internet service providers like Comcast Corp., AT&T Inc. and Verizon Communications Inc.

[Commentary] The internet is a set of pipes. It’s also a set of values. Whose? The people who consider it a great social equalizer, a playing field that has to be level? Or the ones who own the network and consider themselves best qualified to manage it? It’s a philosophical contest fought under the banner of “net neutrality,” a slogan that inspires rhetorical devotion but eludes precise definition. Broadly, it means everything on the internet should be equally accessible — that the internet should be a place where great ideas compete on equal terms with big money.

[Commentary] I’ve got bad news for everyone who is working overtime to protest Federal Communications Commission Chairman Ajit Pai’s campaign to eliminate net neutrality: You are being tricked. Pai is running a kind of shell game, overreaching (“go ahead and run all the paid prioritization services you want, Comcast!”) so that we will focus our energies on the hard-to-pin-down concept of net neutrality—the principle of internet access fairness that he has vowed to eliminate.

An examination of how Comcast's net neutrality promises have changed over time reveals an interesting tidbit—Comcast deleted a "no paid prioritization" pledge from its net neutrality webpage on the very same day that the Federal Communications Commission announced its initial plan to repeal net neutrality rules.  Starting in 2014, the webpage, corporate.comcast.com/openinternet/open-net-neutrality, contained this statement: "Comcast doesn't prioritize Internet traffic or create paid fast lanes." That statement remained on the page until April 26 of this year, according to page captures from

Chairman Pai’s attack on Twitter is like a boxer losing a fight and taking wild and erratic swings. Preventing hate speech and bullying behavior online is not the same thing as allowing cable companies to block, throttle and extort money from consumers and the websites they love. Twitter is an amazing platform for left, right and center. Donald Trump might not be President without it, and Chairman Pai's plan to kill net neutrality will put Comcast and AT&T in charge of his Twitter account.

Defenders of the Federal Communications Commission's current Open Internet rules are plotting out a legal challenge to FCC Chairman Ajit Pai’s plan to repeal them. This would be the latest in a series of court battles over FCC net neutrality authority. Several groups including Public Knowledge, Free Press, the Electronic Frontier Foundation, Mozilla and the Computer & Communications Industry Association expressed interest in a legal challenge, which may consume much of 2018.