The FCC and Net Neutrality: A Way Forward | Electronic Frontier Foundation: "That 2002 decision, as interpreted by the D.C. Circuit last January, now actually prevents the FCC from truly promoting a neutral Internet. That is because the court said that rules that actually do what many of us want—such as forbidding discrimination against certain applications—require the FCC to treat access providers like “common carriers, ” treatment that can only be applied to telecommunications services.
Having chosen to define broadband as an “information service,” the FCC can impose regulations that “promote competition” (good) but it cannot stop providers from giving their friends special access to Internet users (bad). The result: a set of proposed rules that implicitly endorses paid prioritization and special deals that may not be available to new businesses at any price.
Some have said that reclassification would give the FCC too much power to regulate the Internet. That very concern is why forbearance is so important. " 'via Blog this'