Worried about Net neutrality? Maybe it's the FCC that should really concern you

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The Federal Communications Commission may have lost its battle in federal court last week to enforce its network neutrality rules, but the ruling actually gave the agency what some are calling unlimited authority to regulate almost every aspect of the Internet.

"The FCC has far more power than it did before this decision," said Harold Feld, senior vice president with Public Knowledge, a nonprofit that says it's devoted to preserving the openness of the Internet. "Before it was always unclear what the FCC's limitations were." In other words, before this decision was handed down from the court, there was some haziness about the true role of the FCC in regulating the Internet. But since the court's decision, it's crystal clear: the FCC and even local public utility commissions can now impose regulations on the Internet, overriding any local or state laws that may forbid such regulation. With the appropriate legal arguments, the FCC not only has the authority to tell broadband providers they can't block or discriminate against traffic on their networks -- that is, to enforce net neutrality -- but it also has the authority to regulate broadband rates, as well as regulate pricing for all services connected to the Internet, from streaming video services like Netflix to Internet-based home surveillance services. It might even give the FCC authority to insert itself into copyright disputes. It's this broad interpretation of the FCC's authority to regulate the Internet that has some critics wondering if the pendulum has swung too far.


Worried about Net neutrality? Maybe it's the FCC that should really concern you