Court: FCC has no power to regulate Net neutrality

ARCHIVED 2010 |Originally posted April 6, 2010 by |CNET News

The Federal Communications Commission does not have the legal authority to slap Net neutrality regulations on Internet providers, a federal appeals court ruled Tuesday.

A three-judge panel in Washington, D.C. unanimously tossed out the FCC’s August 2008 cease and desist order against Comcast, which had taken measures to slow BitTorrent transfers before voluntarily ending them earlier that year.

Because the FCC “has failed to tie its assertion” of regulatory authority to an actual law enacted by Congress, the agency does not have the power to regulate an Internet provider’s network management practices, wrote Judge David Tatel of the U.S. Court of Appeals for the D.C. Circuit.

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