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On Friday, the Federal Communications Committee ruled by a
vote of 3-2 that Comcast Corporation violated its users’ internet access
rights, and ordered Comcast to stop cutting off large file transfers to users
employing peer-to-peer file sharing software.
The FCC did not impose a fine, however they released an
order stating that Comcast is to, within 30 days of the order’s release,
disclose the details of their “discriminatory network management” and to submit
a compliance plan in which they must detail how they intend to cease these
practices by the end of the year. The plan must also be disclosed to its users.
Comcast did not agree with the FCC ruling, stating that the
FCC’s network neutrality principles are statements of policy and not
enforceable rules, and they have appealed the FCC’s ruling today with the D.C.
Circuit Court of Appeal, hiring a lineup of “heavy” law firms to present their
case, such as Wiley Rein LLP, the Washington, D.C. law firm whose partners
include former FCC Chairman Richard Wiley. The case is being handled by the
firm’s partner Helgi Walker who used to be an associate council to President
Bush in his first term, and also was a chief of staff for an FCC commissioner.
It’s clear that the case is important to Comcast, and
whichever way the decision swings, it will set an important precedent: if the
courts concur with Comcast, soon other ISP may follow in enforcing network
policy as they see fit, resulting in the decline of file-sharing programs. If
on the other hand the courts agree with the FCC, then ISPs may resort to
increasing prices for perceived bandwidth hogs, in lieu of other measures; this
could spell a price increase for internet services in general.
Whatever the result, this is a history making case, one
we’ll be sure to watch, and report back to you on.
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