This morning, the U.S Court of Appeals for the District of Columbia dealt the FCC a major blow in its drive to impose net neutrality on the nation’s broadband providers. A panel of three judges ruled that the FCC did not have the authority to order Comcast to slow down BitTorrent traffic, and, more, broadly, that the FCC does not have the authority to enforce net neutrality.
The case started as a result of Comcast selectively slowing down certain types of traffic in 2007 — namely, BitTorrent — leading the FCC to order Comcast to stop the practice. Comcast challenged the order, claiming that the FCC didn’t have the authority to mandate net neutrality policy. Today’s ruling affirms Comcast’s stance.
This will strike a blow to FCC Chairman Julius Genachowski’s recently released broadband plan, but it was not entirely unexpected, and the FCC can still fight back.
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