A FEMA-level fail: The law professor who coined 'net neutrality' lashes out at the FCC's legal strategy

 Sunday, February 16, 2014


Article http://www.washingtonpost.com/blogs/the-switch/wp/2014/01/14/a-fema-level-fail-the-law-professor-who-coined-net-neutrality-lashes-out-at-the-fccs-legal-strategy/

Summary: This article from Washington Post was written by Brian Fung on January 14, 2014. Tim Wu wrote the definitive paper on Net Neutrality when he was a law professor at the University of Virginia, back in 2003. The information scholar coined the term in a essay proposing how regulations could keep the internet free and open for everybody. On January 14, 2014 a U.S appeals court struck down the Federal Communication Commission's net neutrality rules. Wu, who is now a professor at Columbia Law School spoke with the Washington Post about the ruling and its effect on internet access and about what the FCC should do next. He affirms that this recent U.S court ruling on Net Neutrality leaves the internet in completely uncharted territory. The law professor also states that was a huge legal error on the FCC's part. The FCC's legal strategy put it in the position of arguing that its rules are not common carrier rules when the two components of the regulation (anti-blocking and anti-discrimination) have been at the center of common carrier regulation since medieval times, around 1450.


Opinion: I think the FCC's Chairman Wheeler will fight hard to preserve the FCC's rules. He represented both of the industries ( Verizon and FCC) long before either of them were providing internet access. His effectiveness, thought, might end up being determined less by how he runs the FCC than by circumstance. That is specially true when it comes to network neutrality rules, which bar internet service providers from favoring or disfavoring particular flows of online traffic. 

Still, the FCC has the authority and has the responsibility to regulate the activities of broadband networks. They will have ample opportunities to debate ways and means, to consider specific in specific cases as they arise. 

I think FCC has to appeal. Other judges might see it in a different light. The FCC's has an opportunity to tackle net neutrality again. The court decision threw the issue back to the agency, which may not attempt to rewrite the rules. Therefore, the FCC will probably consider appealing this recent U.S court decision on Net Neutrality. Besides, i believe the court of public opinion weights heavily here, which means we probably won't see any sudden, rash actions. 


Reference: Fung, B ( January 14, 2014)  A FEMA -level fail: The law professor who coined 'net neutrality' lashes out at the FCC's legal strategy Retrieved from http://www.washingtonpost.com/blogs/the-switch/wp/2014/01/14/a-fema-level-fail-the-law-professor-who-coined-net-neutrality-lashes-out-at-the-fccs-legal-strategy/


Discussion: 1- What could the FCC have done differently? 

 2- Did the court leave the FCC wiggle room for regulating broadband?

 3- Do you think Chairman Tom Wheeler will follow through with an appeal?