FCC’s Decision on Net Neutrality Likely to Lead to Litigation
In a historic 3-2 vote on Thursday, February 26th, the Federal Communications Commission (FCC) voted to approve net neutrality rules aimed at governing Internet traffic. The FCC’s decision would expand government oversight for Internet service by treating it as a “public utility” or “common carrier service” under Title II of the 1996 Telecommunications Act. Historically, only fixed broadband services (i.e., cable and telephone) have been regulated under Title II. This new regulation will require Internet service providers (ISPs) to treat all Internet traffic equally, meaning they will be prohibited from activities such as charging “prioritization” fees to certain websites demanding faster download speeds, or blocking or degrading certain users’ Internet access.
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