This past Monday, the U.S. Court of Appeals for the District of Columbia heard oral arguments from the Federal Communications Commission (FCC) and ISP giant Verizon concerning the propriety of the FCC’s 2010 Open Internet Order, otherwise known as its network neutrality rules.
The rules require Internet service providers (ISPs) to give all consumers, irrespective of competitive status or political views, equal access to lawful Internet content. C-SPAN quotes the FCC’s brief as stating:
Internet access providers do not engage in speech; they transport the speech of others, as a messenger delivers documents containing speech. . . . Unlike cable systems, newspapers, and other media, broadband providers do not exercise editorial discretion.
According to The New York Times, at least two members (Judges Silberman and Tatel) of the three-judge panel (which includes Judge Rogers) appeared concerned about the FCC’s authority to regulate the Internet in this way. Verizon challenges the rule arguing that it, as an ISP, should maintain the authority to manage its own pipes.
You can hear an audio recording of the oral arguments here.
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