Originally published: April 20, 2010
Last updated: April 20, 2010 - 4:29pm
Network Neutrality skeptics routinely point out that only a pair of Internet service providers, Comcast and Madison River, have been targets of the Federal Communications Commission for willfully interfering with specific Internet content -- so what's the problem? But a class-action lawsuit against cable company RCN argues that the company was in fact doing something similar, "delaying or blocking" peer-to-peer protocols.
The company has agreed to settle the suit without admitting any guilt, but one lawyer argues that the settlement is toothless, and he intends to do something about it. The complaint against RCN was filed in 2008 by Sabrina Chin and later expanded into a class-action lawsuit. According to the judge's summary, RCN was charged with violating the Consumer Fraud and Abuse Act "by promising its customers 'fast and untapped' broadband Internet service, when in fact [it] was engaging in a network management practice called 'throttling,' which was designed to prevent or delay customers from using the Internet in certain ways, including for 'peer-to-peer' file sharing." The two sides agreed to a settlement in mid-2009, rather than take the case all the way to trial. That settlement is due to be finalized on June 4, 2010 at the US District Court in lower Manhattan, but the case has largely flown under the radar. Yesterday, a "notice of pendency and settlement of class action" was issued that alerted RCN customers to the settlement.
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