Deeplinks Blog posts about Transparency
Today, the FCC published its new order [PDF] on net neutrality. As promised, the rules start by putting net neutrality on the right legal footing, which means they have a much stronger chance of surviving the inevitable legal challenge. This is the culmination of years of work by public interest advocates and a massive outpouring of public support over the past year. Make no mistake, this is a win for Team Internet!
Now, what about the rules themselves? We’re still reviewing, but there’s much to appreciate, including bright line rules against blocking, throttling, and paid prioritization of Internet traffic. For example, an ISP cannot degrade customers’ access to services that compete with its own offerings and cannot charge tolls to privilege traffic from one web service over others.
The Federal Communications Commission voted 3-2 in favor of net neutrality rules last month, and we expect the final version of rules to be released shortly. From all reports, it sounds like the rules generally track what we (and four million Americans!) have been urging over the past year. But the incumbent ISPs are working hard to seed fear, uncertainty, and doubt about what the FCC's up to. Let's cut through some of the nonsense.
UPDATE: Late tonight, the government released to EFF the "Raw Take" opinion and the 2008 FAA opinion, described below. Those opinions are available here (pdf) and here (pdf). We are reviewing the documents and will post our analysis, along with other documents released by the government, shortly.
Later today, the government is scheduled to release two landmark opinions on NSA spying issued by the secret Foreign Intelligence Surveillance Court. The documents are being released as a result of FOIA lawsuit filed by EFF last year, seeking disclosure of many of the surveillance court's still-secret, yet significant, opinions.
Today the FCC voted three to two to reclassify broadband Internet access as a common carrier service under Title II of the Communications Act, and forbear from the parts of the Act that aren’t necessary for net neutrality rules. This reclassification gives the FCC the authority to enact (and enforce) narrow, clear rules which will help keep the Internet the open platform it is today.
Following EFF’s victory in a four-year Freedom of Information Act lawsuit, the government released an opinion (pdf), written by the Office of Legal Counsel (OLC) in 2010, that concluded that Section 215—the provision of the Patriot Act the NSA relies on to collect millions of Americans’ phone records—does have a limit: census data.
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