The FCC and net neutrality

Who wins and loses when the government mandates equal access for all websites?

Federal Communications Commission Chairman Julius Genachowski “picked his first official fight Monday,” said the Los Angeles Times in an editorial, “and it’s a doozy.” Genachowski laid out two key principles of “net neutrality”—the idea that ISPs must treat all Internet sites equally—and said the FCC should turn them, plus four others from 2004, into formal, legally binding rules. If done right, that’s a great way to keep the Web a hotbed of innovation.

The six principles will almost certainly be adopted as formal FCC rules, said Stephen Wildstrom in BusinessWeek. And it’s equally certain that “telcom companies will sue to overturn them.” Unless Congress acts, the telecoms will probably win. The net neutrality rules “strike me as eminently reasonable,” but courts are beholden to laws, not “sensibility.”

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