[governance] FW: [IP] Appeals Court Warm to Comcast in Fight Against FCC - The BLT: The Blog of Legal Times

Lee W McKnight lmcknigh at syr.edu
Sat Jan 9 19:53:22 EST 2010


FYI

Not that I'm defending Comcast's actions which precipitated the case.

But my forecast remains the same: the legal wrangling over net neutrality will likely begin - after more delay - with a scolding and slap on the wrist of the FCC for trying to enforce Internet principles without having following the rules of the Admin Procedures Act to define the principles. That's a big no-no in US law, which the current neutrality  rule-making proceeding in theory would correct, but even if the FCC succeeds this time it can't be applied to a case from years earlier.

Anyway, a step forward, then 2 (or 3) steps back remains my political/legal forecast.

Note last line from court staffer saying 'see you in a couple years'....which is faster than I predict we will get any clarity in this area : (

Looking on the bright side: 

we/the IGF have plenty of time to define Internet rights and principles, since noone else has done a good job of it already.  In my opinion.
_______________________________________
From: David Farber [dave at farber.net]
Sent: Saturday, January 09, 2010 8:06 AM
To: ip
Subject: [IP] Appeals Court Warm to Comcast in Fight Against FCC - The BLT: The Blog of Legal Times

http://legaltimes.typepad.com/blt/2010/01/appeals-court-warm-to-comcast-in-fight-against-fcc.html

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