Friday, June 18, 2010

FCC to regulate Internet despite law against

You have too much liberty. Obama wants his FCC to tighten your sharing of information on the Internet. They lost in court a couple of months ago. So they continue. CNS News
The Federal Communications Commission (FCC) voted on Thursday to begin the formal process of bringing the Internet under greater federal control – a move sought by both President Barack Obama and FCC Chairnman Julius Genachowski--even though federal law calls for an Internet "unfettered by Federal or State regulation." This step comes after the federal D.C. Circuit Court of Appeals in April rebuked the FCC in its attempt to enforce a controversial regulatory doctrine called Net Neutrality, which would allow the government to prevent private Internet providers from deciding which applications to allow on their networks. The court said that the FCC did not have the authority to prevent Comcast, specifically, from blocking certain peer-to-peer Web sites. The FCC is now trying to reclassify the Internet to broaden its authority over the Web. Currently, the FCC only has “ancillary” authority, meaning it can regulate Internet access only in the process of regulating another service that it has direct authority over, such as television or cable. The 3-2 party-line vote on Thursday at the FCC began the formal process of reclassifying the Internet as a telecommunications service instead of an information service – its current classification. This is necessary because, as an information service, the government has little power to regulate Internet networks. As a telecommunications service, such as a telephone network, the Internet would fall under a much broader regulatory scope – giving the government the power to enforce universal service requirements, making them pay into a federal universal service fund used to provide communications services to poor areas.
Of course the FCC covers their power grab with words about protecting consumers. And they promise forbearance - that they won't do anything heavy-handed - except for what they are doing now, in violation of the law. The minority help make it clear:
Robert McDowell, the commission’s longest-serving Republican member, said the commission should preserve the free Internet of today, adding that more Internet freedom would be in the public interest. “An open and freedom-enhancing Internet is what we have today,” McDowell said. McDowell also said that reclassifying the Internet was “unnecessary” and that the FCC should wait for Congress to grant it explicit authority over the Web, saying, “We are not Congress.” In fact, the Telecommunications Act of 1996, which gave the government no explicit authority to regulate Internet service, states: “It is the policy of the United States … to preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services, unfettered by Federal or State regulation.”

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