[4545] in Privacy_Forum
[ PRIVACY Forum ] Free Press disagrees with EFF's approach on Net
daemon@ATHENA.MIT.EDU (PRIVACY Forum mailing list)
Sat Feb 1 11:52:30 2014
Date: Sat, 1 Feb 2014 08:26:26 -0800
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Free Press disagrees with EFF's approach on Net Neutrality
http://j.mp/1eoFSzv (Gizmodo)
A Curious Silence
What was odd about EFF's post is that it never even mentioned
reclassification. The piece fell into the usual trap of suggesting
that the "ancillary authority" approach was the only way it could have
gone. It concluded that "the FCC did not have explicit authority from
Congress to issue network neutrality rules, especially after
classifying Internet service as an 'information service.'" The truth
is, the FCC has all the authority it needs - if it chooses the right
route. It lost in court simply because it mothballed that authority
back in the Bush era, when it changed the way it classified broadband.
This was a misread of the law. (Don't take our word for it: ask
Justice Scalia, or even the D.C. Circuit's Judge David Tatel, who
wrote the Jan. 14 decision that detailed the FCC's pre-Bush history of
treating Internet access as a common-carrier service.)
- - -
--Lauren--
Lauren Weinstein (lauren@vortex.com): http://www.vortex.com/lauren
Co-Founder: People For Internet Responsibility: http://www.pfir.org/pfir-info
Founder:
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