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[ NNSquad ] Free Press disagrees with EFF's approach on Net Neutrality

Free Press disagrees with EFF's approach on Net Neutrality

http://j.mp/1eoFSzv  (Gizmodo)

    A Curious Silence
    What was odd about EFF's post is that it never even mentioned
    reclassification. The piece fell into the usual trap of suggesting
    that the "ancillary authority" approach was the only way it could have
    gone. It concluded that "the FCC did not have explicit authority from
    Congress to issue network neutrality rules, especially after
    classifying Internet service as an 'information service.'"  The truth
    is, the FCC has all the authority it needs - if it chooses the right
    route. It lost in court simply because it mothballed that authority
    back in the Bush era, when it changed the way it classified broadband.
    This was a misread of the law. (Don't take our word for it: ask
    Justice Scalia, or even the D.C. Circuit's Judge David Tatel, who
    wrote the Jan. 14 decision that detailed the FCC's pre-Bush history of
    treating Internet access as a common-carrier service.)

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Lauren Weinstein (lauren@vortex.com): http://www.vortex.com/lauren 
Co-Founder: People For Internet Responsibility: http://www.pfir.org/pfir-info
 - Network Neutrality Squad: http://www.nnsquad.org 
 - PRIVACY Forum: http://www.vortex.com/privacy-info
Member: ACM Committee on Computers and Public Policy
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Tel: +1 (818) 225-2800 / Skype: vortex.com
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