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.
- RCN P2P settlement: ISP can throttle away starting November 1
- Comcast P2P Critic Launches Class-Action Bid
- Comcast Faces Another Peer-To-Peer Lawsuit
- Comcast owes P2P users $16; yes, they should take it
- Maybe The FCC Can Handle The Truth
- Sandvine Gets Agnostic About Bandwidth
- Groups: RCN Case Highlights Need For FCC Authority
- Court Sides With Cablevision In Neutrality Dispute
- Vuze calls for FCC probe of Cox Cable traffic management
- Will FCC Force ISPs To Make Full Disclosure To Consumers?
- Progress & Freedom Foundation Questions FCC's Network Neutrality Authority
- Video distributor to FCC: Stop ISP traffic 'throttling'
- FCC Says Court's Data Roaming Call Buttresses Open Internet Order
- Cox To Test Bandwidth-Throttling System
- Rogers says its Internet interference is necessary, but minimal