The FCC did, however, suggest that future Internet traffic control would be more than just recasting Hollywood’s version of Terminator, where John Connor can log on to the Matrix instead of his old, golden 1987 model. Back in September, the FCC told a small ISP in Ohio, Covad Communications, that it needed to start compensating Comcast, the operator of the nation’s largest cable TV service, for the data its Comcast customers were now gobbling, and that this would have to stop, effective July 15, 2014. Most interesting, the FCC asked Comcast to stop counting Internet traffic from its own customers, unless they were using file-sharing applications that involve copyrighted material.
All of this raises some interesting questions. The majority of entertainment you’ll watch comes via BitTorrent, which is the obvious cure to copyright infringement. The FCC is asking Comcast to consider throwing its customers onto BitTorrent once they start streaming shows and movies, and will restore the company’s position as the sole chokehold on Internet infrastructure. This is clearly an overreaction in the name of [...]
Bigger than the issue with Comcast, however, is the FCC’s assertion in its brief, and notably not in its final order, that network neutrality was an issue in this case, and should be resolved through the Court.
The Court quickly offered a quick dismissal of this new claim, except that the FCC was actually misleading the Court during the trial of this case. Net neutrality was a major issue in this case, and was thus a jurisdictional argument, meaning that Comcast has to be right about what went on in its network. d2c66b5586