In its decision to vacate the anti-discrimination and anti-blocking rules of the Open Internet Order, the D.C. Circuit correctly recognized that the
"By effectively proscribing pay-for-priority deals and thereby compelling Internet service providers to provide enhanced services to websites at no cost, the
"The Court appears to have left open alternative regulatory approaches that would permit 'individualized bargaining' between Internet access providers and websites while protecting against discrimination in favor of affiliated or preferred websites, including case-by-case adjudication of disputes if and when they arise.
"Hopefully the Commission can now focus its attention on designing such rules in a way that is more consistent with its proper, light-handed approach to all things Internet."
Today's Court decision is not a clear-cut victory for any one side in the Internet policy debate, but it is a victory for that debate.
"On one hand,
"But on the other hand, the Court agreed that the
"What happens next? Presuming this decision stands, one possibility is that the
"There are plenty of real issues surrounding the Internet--such as extending it to the unserved, protecting our privacy, and using it to improve our schools, health care system, local governments. If the Court gets us past a sterile, theoretical argument over 'neutrality' and on to this more pressing agenda, it will have turned out to be a very positive one, and a victory for the debate itself."
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