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DiscoStu

are new fcc rules a doorway to internet regulation?

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We’re wholly in favor of net neutrality in practice, but a finding of ancillary jurisdiction here would give the FCC pretty much boundless authority to regulate the Internet for whatever it sees fit. And that kind of unrestrained authority makes us nervous about follow-on initiatives like broadcast flags and indecency campaigns. In general, we think arguments that regulating the Internet is “ancillary” to some other regulatory authority that the FCC has been granted just don’t have sufficient limitations to stop bad FCC behavior in the future and create the “Trojan horse” risk we have long warned about.

there seems to be a view that perhaps it is

https://www.eff.org/deeplinks/2011/02/part-i-fcc-ancillary-authority-regulate-internet

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