Published by LawTechie - January 26, 2011 - LawTechie

The Daily Examiner reports the latest skirmishes between the pro-neutrality Senate Dems and anti-neutrality Republicans:

The latest proposed bill, introduced today by Sen. Maria Cantwell (D-Wash.), would bar broadband providers from blocking applications or sites and also would explicitly ban paid prioritization deals, which involve content providers that pay extra for fast-lane treatment.

In response…

Rep. Marsha Blackburn (R-Tenn.) earlier this month introduced a bill that would strip the FCC of authority to regulate the Internet. Blackburn’s proposed “Internet Freedom Act” would ban the FCC from issuing “any regulations regarding the Internet or IP-enabled services.”

Meanwhile, private providers are taking matters into their own hands. MetroPCS filed Monday with the U.S. Court of Appeals for the D.C. Circuit arguing that the FCC lacks authority regulate broadband providers.

The MetroPCS filing is based on a recent D.C. Circuit decision which ruled that the FCC could not regulate net neutrality because broadband is classified as an “information service” rather than telecommunications. Comcast v. FCC, No. 08-1291 (April 6, 2010).

LawTechie is a blog focusing on trends in tech and digital media. Areas covered include intellectual property, cyberlaw, venture capital, transactions and litigation as they relate to the emerging sectors. The blog is edited by the firm's partner Tim Bukher with contributions from the firm's experts in their respective areas of law.


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