Your Web News in One Place

Help Webnuz

Referal links:

Sign up for GreenGeeks web hosting
November 27, 2017 04:00 pm

Tim Wu: Why the Courts Will Have to Save Net Neutrality

Tim Wu, a law professor at Columbia who first coined the term "net neutrality," writes for the New York Times: Allowing such censorship is anathema to the internet's (and America's) founding spirit. And by going this far, the F.C.C. may also have overplayed its legal hand. So drastic is the reversal of policy (if, as expected, the commission approves Mr. Pai's proposal next month), and so weak is the evidence to support the change, that it seems destined to be struck down in court. The problem for Mr. Pai is that government agencies are not free to abruptly reverse longstanding rules on which many have relied without a good reason (Editor's note: the link could be paywalled), such as a change in factual circumstances. A mere change in F.C.C. ideology isn't enough. As the Supreme Court has said, a federal agency must "examine the relevant data and articulate a satisfactory explanation for its action." Given that net neutrality rules have been a huge success by most measures, the justification for killing them would have to be very strong. It isn't. In fact, it's very weak. From what we know so far, Mr. Pai's rationale for eliminating the rules is that cable and phone companies, despite years of healthy profit, need to earn even more money than they already do -- that is, that the current rates of return do not yield adequate investment incentives. More specifically, Mr. Pai claims that industry investments have gone down since 2015, the year the Obama administration last strengthened the net neutrality rules.

Read more of this story at Slashdot.


Original Link: http://rss.slashdot.org/~r/Slashdot/slashdot/~3/71-zHf_d7dQ/tim-wu-why-the-courts-will-have-to-save-net-neutrality

Share this article:    Share on Facebook
View Full Article

Slashdot

Slashdot was originally created in September of 1997 by Rob "CmdrTaco" Malda. Today it is owned by Geeknet, Inc..

More About this Source Visit Slashdot