AT&T: Blocking, Slowing Appear Allowable Under Title II

The federal judges who upheld the Federal Communications Commission's TItle II classification of Internet service providers in 2016 have signaled that even under those rules, ISPs could block content or slow certain traffic, just so long as they created a "walled garden" that had clear signage signaling that was what they were doing. That is according to a new blog post from Hank Hultquist, VP of federal regulatory for AT&T, which strongly opposed Title II.

Hultquist cites the concurring opinion from judges Sri Srinivasan and David Tatel earlier in May in the en banc (full court) decision of the US Court of Appeals for the DC Circuit not to review the three-judge panel ruling last year to uphold the FCC's Open Internet order. Srinivasan and Tatel wrote the majority opinion in that panel decision. "In the past," said Hultquist, "supporters of Title II often alleged that without reclassification, ISPs would be free to block unpopular opinions or viewpoints that they disagreed with. In the understanding of the DC Circuit panel majority, it seems that the Title II order does not touch such practices as long as an ISP clearly discloses its blocking plans to customers."