Internet Triumph: Court of Appeals Finds That FCC Doesn’t Have Power to Regulate Internet Providers — “Net Neutrality” & Freedom of Speech Restrictions Killed, for Now
Posted By Vicki McClure Davidson on April 6, 2010
The charade of “net neutrality” — the disguised efforts by progressives/socialists (the current government) to regulate/control speech and content on the Internet (just like China, Cuba, and Venezuela!) — has been squashed by a three-judge panel in DC. For now, freedom of speech and expression on the Internet is out of danger.
For now.
From YouTube summary:
Reason.tv’s Michael C. Moynihan takes a skeptical look at the growing push for net neutrality legislation and asks Peter Suderman, a Reason associate editor who is closely following proposals on the topic, why Moby and Mallory want the Federal Communication Commission, of all agencies, to regulate the Internet.
Reason.TV – Net Neutrality for Dummies: Will the FCC control the Internet?
Most Americans — those who have a smidgen of appreciative leanings towards the many freedoms we have in America — when they learn that Al Gore and Barack Obama both support net neutrality, should immediately have flashing yellow and red warning lights and deafening alarm buzzers shooting through their brains.
Heartland Institute: Why Obama is Wrong About Net Neutrality
From CNET News, Court: FCC has no power to regulate Net neutrality:
The Federal Communications Commission does not have the legal authority to slap Net neutrality regulations on Internet providers, a federal appeals court ruled Tuesday.
A three-judge panel in Washington, D.C. unanimously tossed out the FCC’s August 2008 cease and desist order against Comcast, which had taken measures to slow BitTorrent transfers before voluntarily ending them earlier that year.
Because the FCC “has failed to tie its assertion” of regulatory authority to an actual law enacted by Congress, the agency does not have the power to regulate an Internet provider’s network management practices, wrote Judge David Tatel of the U.S. Court of Appeals for the D.C. Circuit.
Tuesday’s decision could doom one of the signature initiatives of FCC Chairman Julius Genachowski, a Democrat. Last October, Genachowski announced plans to begin drafting a formal set of Net neutrality rules–even though Congress has not given the agency permission to do so. That push is opposed by Verizon and other broadband providers.
Comcast welcomed the ruling in a statement that said: “Our primary goal was always to clear our name and reputation.” The National Cable and Telecommunications Association, the cable industry’s lobby group, elaborated by saying that Comcast and its other members will “continue to embrace a free and open Internet as the right policy.”
Net neutrality proponents responded to Tuesday’s ruling by saying the FCC should slap landline-style regulations on Internet providers, which could involve price regulation, service quality controls, and technological mandates. The agency “should immediately start a proceeding bringing Internet access service back under some common carrier regulation,” Public Knowledge’s Gigi Sohn said. The Media Access Project said, without mentioning common carrier regulations directly, that the FCC must have the “ability to protect the rights of Internet users to access lawful content and services of their choice.”
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But Rep. Ed Markey, the Massachusetts Democrat who had drafted one of the unsuccessful Net neutrality bills, said: “I encourage the (FCC) to take any actions necessary to ensure that consumers and competition are protected on the Internet.” Markey noted that he reintroduced similar legislation last summer — it’s been stuck in a House subcommittee even though House Speaker Nancy Pelosi once said there was an urgent need to enact it.
The FCC had known all along that it was on shaky legal ground. Its vote to take action against Comcast was a narrow 3-2, with the dissenting commissioners predicting at the time that it would not hold up in court. FCC Commissioner Robert McDowell, a Republican, said at the time that the FCC’s ruling was unlawful and the lack of legal authority “is sure to doom this order on appeal.”
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This is not the first time that the FCC has been rebuked for enacting regulations without actual legal authority to do so. In 2005, the Court of Appeals for the D.C. Circuit ruled the agency did not have the authority to draft its so-called broadcast flag rule. And a federal appeals court in Pennsylvania ruled in the Janet Jackson nipple exposure incident that the FCC’s sanctions against CBS–which publishes CNET News–amounted to an “arbitrary and capricious change of policy.”
From NetRightNation, Is Net Neutrality Dead?:
The case that the Court ruled on dealt with a 2008 cease and desist order against Comcast from the FCC. The Court ruling could spell the end of FCC Chairman Julius Genachowski’s centerpiece issue. Now, Genachowski will be left to figure out other ways to ram Net Neutrality down the throats of America.
According to CNet News:
“Net neutrality proponents responded to Tuesday’s ruling by saying the FCC should slap landline-style regulations on Internet providers, which could involve price regulation, service quality controls, and technological mandates. The agency “should immediately start a proceeding bringing Internet access service back under some common carrier regulation,” Public Knowledge’s Gigi Sohn said. The Media Access Project said, without mentioning common carrier regulations directly, that the FCC must have the “ability to protect the rights of Internet users to access lawful content and services of their choice.”
Don’t expect progressives to give up on Net Neutrality now because of a court ruling. At this time, more than ever before, we should be keeping a watchful eye on what they do next to sneak these Internet regulations through. Progressives never take no for answer.
From Lori Drummer, Big Government: Regulating the Internet, One Way or the Other:
For the past several years, the Left has breathlessly claimed that without the imposition of government oversight and control, the Internet as we know it will cease to exist.
Just try and follow the Left’s logic for a moment. The Internet – whose ingenious development and explosive growth has occurred almost entirely free from the heavy hand of the government – will cease to exist as we know it without the heavy hand of government?
This week’s ruling by the U.S. Court of Appeals for the D.C. Circuit clearly states that the FCC does not have the authority to impose network neutrality rules on Internet service providers. Indeed, the FCC “failed to tie its assertion” that any law gives the Commission regulatory authority to oversee Internet providers’ network management practices.
That’s right: no law exists that gives the FCC the authority to regulate Internet service providers. It’s not that the FCC just misinterpreted their authority – they unilaterally asserted authority where none existed.
So, what’s this Obama FCC likely to do now? Well, forge ahead anyway, of course!
Transcript from Glenn Beck’s radio show yesterday, before the court’s ruling… Net Neutrality Pits Free Speech Against Free Press:
The FCC is being inundated by a special interest group ironically named Free Press, whose goal it is to limit America’s free press and freedom of speech. This special interest group also claims that it’s due to special interest groups that it has become necessary for them to intervene on our behalf.
Well, how great.
Free Press is pushing their agenda in the name of Net neutrality. Supposedly, they are protecting Net neutrality and free speech on the Internet and in other media. Yet, who’s complaining about the neutrality on the Internet? I mean, is there some major outcry that I just haven’t heard about yet?
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So, what is the problem? It seems to me there isn’t one if free speech really is your goal. I mean, really, what — what’s connecting us unlike any other time? The Internet. But you see, Free Press isn’t about free speech. It’s about Marxism. It’s about silencing dissent.
Free Press is an oxymoron started by an oxy-Marxist. His name is Robert McChesney. In addition to co-founding Free Press, he’s also the former editor of The Monthly Review. This is a self-proclaimed, independent socialist magazine — I don’t want to call names — an openly Marxist publication. It sounds like free press advocate so far, doesn’t it?
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It’s really not a smear when you use people’s own words. McChesney, in his own words: “Any serious effort to reform the media system would have to necessarily be part of a revolutionary program to overthrow the capitalist system itself.”
Also: “There is no real answer but to remove brick by brick the capitalist system itself, rebuilding the entire society on socialist principles.”
I don’t mean to sound hateful by pointing out his own words. Is it a smear campaign now to quote — directly quote — these wonderful lovers of our American way of life?
Again, here’s Free Press co-founder Robert McChesney in his words, quote: “We need to do whatever we can to limit capitalist propaganda, regulate it, minimalize it and perhaps even eliminate it.”
Now, granted McChesney has said these hateful things all the way back in August of 2009. Do you even remember how old you were in August of 2009? It’s hard to believe that we even had, you know, recording devices back that far.
From Michelle Malkin: “Net neutrality:” Ain’t over ’til it’s over:
The U.S. Court of Appeals unanimously rejected the Obama FCC’s bid to expand its regulatory powers over the Internet this afternoon. As Clarice Feldman headlined the ruling succinctly:
From GayPatriot, Beware: Net Neutrality is Down, Not Out:
Given the lengths to which the Obama Administration and Pelosi/Reid Congress will go to in order to push for their utopian Soviet-style vision for America, don’t be surprised if they make an attempt to sneak through this liberty-crushing measure under the radar. The innocuous-sounding label of “Net neutrality” is likely to assist in that usurpation. It’s a highly-technical issue, and one in which most Americans won’t be very deeply engaged. But this is the way the Net ends, not with a bang.
More on this posted by Capitol Confidential, Big Government: Democrats Back FCC in Anticipated Efforts to Regulate Broadband
Well-written, must-read piece at Sister Toldjah: An inside look at the special relationship between the WH and MSM
About the author
Wow Miss Vicki what an incredibly great find, chock one up for the good guys and guyettes
Some good news, yes, but we can’t sigh too much with relief, because Pelosi is working to get this “unfairness doctrine” passed sometime soon in Congress.
My prediction is ……….Pelosi power will become part of the dustbin of history.
Something we will remember, but students will never realize, due to the fact that it probably will be scoured from the history books.
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