Ride the Lightning
Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.
FCC Moves Toward Allowing an Internet Fast Lane
May 20, 2014
The FCC proposed allowing an Internet "fast line" last week to the dismay of many. As an article in Time pointed out, this would give faster service to content companies willing and able to pay for the privilege. The notion of having "heavy hitters" keeping new competitors out did not sit well with many.
Where, pray tell, is the "neutrality" in having an Internet fast lane?
The 3-2 vote was on party lines and left the proposals up for comment for four months.
The proposals allow paid prioritization, but only, according to the FCC, where it is not anti-competitive and doesn’t harm consumers. They include the development of a “rigorous, multi-factor ‘screen’ to analyze whether any conduct hurts consumers, competition, free expression and civic engagement, and other criteria under a legal standard termed ‘commercial reasonableness’.” My take is that any such move is just the beginning of a race to be a player in the coveted fast lane – with no rigorous screening actually implemented.
The FCC is promising to consider whether broadband should be redefined as a public utility placing it under Title II authority. This would mean much tighter oversight than is currently possible under Section 706 of the Telecommunications Act of 1996.
If you have an opinion, you can submit your comments here.
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