EFF demands FCC close copyright "loophole" in net neutrality

The Electronic Frontier Foundation might be expected to love the Federal Communications Commission's "Open Internet" push, but the group has one big concern with the rulemaking: the presence of "a loophole for copyright enforcement in its proposed regulations for network neutrality."

EFF has now submitted a petition to the FCC with 7,000 signatures, asking for the provisions to be stripped from the final rule. "Before the ink is dry on net neutrality regulations, we already see corporate lobbyists and 'public decency' advocates pushing for loopholes," said EFF Civil Liberties Director Jennifer Granick. "A loophole like this could swallow network neutrality, with ISPs claiming copyright enforcement as a pretext for all sorts of discriminatory behavior." At issue is the "reasonable network management" exception to net neutrality. The FCC makes clear that network neutrality rules only apply to "lawful content," and neutrality does not apply to the illegal transmission of copyrighted work. Despite the EFF's concern, this exception has been in place for years already.