Court ruling overturns Net Neutrality, threatens online access, experts warn

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A federal appeals court has struck down an FCC ruling meant to prevent ISPs from prioritizing some website traffic over others, saying the ruling had no basis in law.


The so called 'net neutrality' rule, put in place in 2010, was intended to ensure equal access to all types of content. Regulators and politicians feared that Internet companies might offer tiered access to premium content as cable television providers do -- or unfairly fast-track access to their own content sources over competitors.


'A broadband provider like Comcast might limit its end-user subscribers' ability to access The New York Times website if it wanted to spike traffic to its own news website,' the ruling notes.


But because of a quirk in how the government regulates Internet service providers, the court said that the FCC didn't have the legal basis for its policy.


'Because the Commission has failed to establish that the anti-discrimination and anti-blocking rules do not impose per se common carrier obligations, we vacate those portions of the Open Internet Order.'


The FCC said it was considering its options, including potentially appealing the ruling.


'We will consider all available options, including those for appeal, to ensure that these networks on which the Internet depends continue to provide a free and open platform for innovation and expression, and operate in the interest of all Americans,' said FCC Chairman Thomas Wheeler in a statement.


The ruling is the latest in a years-long battle by politicians and Internet watchdogs seeking to ensure equal access to content. As ISPs like Comcast and Time Warner increasingly merge with content companies, the risk of ISPs shaping the flow of bits increased, some worried.


'Internet service giants like Comcast and Verizon want to offer premium and privileged access to the Internet for corporations who can afford to pay for it,' worried Minnesota senator back in 2010.


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