Showing posts with label net neutrality. Show all posts
Showing posts with label net neutrality. Show all posts

Thursday, January 25, 2018

New York governor signs executive order imposing in-state net neutrality

New York Governor Andrew Cuomo on Wednesday signed an executive order [text, PDF] mandating internet providers comply with net neutrality.


The order makes New York the second state after Montana [JURIST report] to update their procurement procedures to require that internet service providers comply with net neutrality standards. It states that "internet is an essential service that should be available to all New Yorkers," and highlights the importance of "a free and open internet" to parties such as businesses, students, and government.


This change comes after the Federal Communications Commission (FCC) [official website] repealed net neutrality[JURIST report] in December. Since then, 22 state attorneys general and non-profits have challenged the repeal[JURIST report]. Additionally, multiple other governors and legislatures are also considering bills or executive orders[EP report] related to net neutrality.


Currently, the FCC has not commented on the actions [NYT report] or indicated how it plans to respond to state actions like those of New York and Montana.

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Tuesday, January 23, 2018

Montana becomes first state with net neutrality mandate after FCC repeal

Montana governor Steve Bullock signed an executive order [text] on Monday that will make companies provide nondiscriminatory internet services in order to obtain a contract within the state.


The executive order takes effect starting July 1, 2018. Soon, Montana telecommunications providers are not to: block lawful content, speed-up or slow-down certain web pages, allow companies to pay for faster loading of their web content, or generally engage in any activity that hinders Montanans' access to equal and open internet.


According to the executive order, "Montanans expect and rely on the traditional principle that internet service providers will not pick and choose what content they can see-rather, Montanans expect that their internet service providers will be "neutral."


This change comes after the FCC repealed net neutrality [JURIST report] in December. Since then, 22 state attorneys general and non-profits have challenged the repeal [JURIST report].


Montana will formalize specifications for the order by March.

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Sunday, December 17, 2017

States act against FCC net neutrality rollback

States reacted swiftly Thursday to challenge the Federal Communications Commissions (FCC) decision to undo [JURIST report] the set of internet regulations known as net neutrality.


New York Attorney General Eric Schneiderman took the lead Thursday afternoon announcing a lawsuit[press release] to stop the action. That suit was quickly joined by attorneys general from Washington, Massachusetts, Illinois [press releases] and Oregon[Portland Tribune].


All of these states were also signatories to a letter[text, PDF] sent to the FCC Wednesday demanding that the vote on the new rules be delayed. The letter, signed by the attorneys general of 18 states, cited reason for concern regarding the integrity of the FCC's open comment period for the new rules. An investigation by Schneiderman revealed up to two million falsified comments on the FCC's website. Many of the false comments were left in the name of real people, some of whom are deceased, and constitutes identity theft on a massive scale. In the signatories' view, if the democratic process of notice and comment was compromised as it relates to the net neutrality rules, the FCC should not rely on those comments and should review its reasoning.


With their letter rebuked, many of the the 18 are expected to join the states already suing to block the new rules. The real result of Thursday's 3-2 vote at the FCC is that the question of net neutrality will now move from agency consideration to court review.

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Saturday, December 16, 2017

FCC votes to repeal net neutrality regulations

The Federal Communications Commission(FCC) [official website] on Thursday voted 3-2 to repeal [press release, PDF] Obama-era net neutrality regulations in favor of returning to what it calls "longstanding, bipartisan light-touch regulatory framework that has fostered rapid Internet growth, openness, and freedom for nearly 20 years."


Calling it an act to "restore internet freedom" and increase "Transparency to Protect Consumers, Spur Investment, Innovation, and Competition," the FCC stated that it undertook detailed legal and economic analysis and extensively examined comments from consumers and stakeholders before deciding to repeal what it calls "the [Obama-era] FCC's 2015 heavy-handed utility-style regulation of broadband Internet access service."


Stating that the net neutrality rules "imposed substantial costs on the entire Internet ecosystem" the FCC proclaimed that it:


is returning to the traditional light-touch framework that was in place until 2015. Moreover, the FCC today also adopted robust transparency requirements that will empower consumers as well as facilitate effective government oversight of broadband providers' conduct. In particular, the FCC's action today has restored the jurisdiction of the Federal Trade Commission to act when broadband providers engage in anticompetitive, unfair, or deceptive acts or practices.

Among other things, the new rule adopted by the FCC claims to 1) restore the classification of broadband Internet access service as an "information service" under Title I of the Communications Act; 2) reinstate the classification of mobile broadband Internet access service as a private mobile service; 3) restore broadband consumer protection authority to the Federal Trade Commission (FTC) [official website], "enabling it to apply its extensive expertise to provide uniform online protections against unfair, deceptive, and anticompetitive practices;" and 4) require ISPs to disclose information about their practices to consumers, entrepreneurs, and the Commission, including any blocking, throttling, paid prioritization, or affiliated prioritization.



Net neutrality represents the principle that "all internet traffic should be treated equally" and that "internet providers should not discriminate or charge differently for any sort of data, including platform, user, content or any other category." Stated differently, a law based upon net neutrality principles prohibits internet service providers (ISPs) from deliberately blocking or slowing down websites or internet content or charging for preferential treatment.


The FCC adopted [LA Times report] new internet traffic rules based on principles of net neutrality in February 2015 dramatically expanding government oversight of the Internet. Those rules prohibited prohibited ISPs such as AT&T, Time Warner Cable and Verizon from slowing Internet speeds for some content such as video streams or otherwise treating online content on a discriminatory basis. The FCC signaled its plans to dismantle net neutrality rules last month despite severe opposition [JURIST reports] from 170 organizations that included the American Civil Liberties Union, Greenpeace and the American Library Association [advocacy websites].

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