Comcast 1, FCC 0
© tony_the_bald_eagle
The U.S. Court of Appeals for the District of Columbia has ruled that, no matter what the FCC says, Comcast has the right to throttle P2P traffic.
"In this specific case, the FCC wanted to stop Comcast from controlling user traffic in instances of peer-to-peer downloading," writes Mashable's Jolie O'Dell. "The judge's decision, which deals a blow to the net neutrality movement, states that the FCC doesn't have the authority to make such mandates."
"A concept like net neutrality is a policy principle, not a law or formal regulation, and thus cannot be enforced by the FCC, the court said," writes Connected Planet's Rich Karpinski.
"The decision wasn't a surprise; during oral argument earlier this year, the judges pressed the FCC's top lawyer repeatedly," writes Ars Technica's Nate Anderson. "The Policy Statement was 'aspirational, not operational,' they said; the FCC had not identified a 'specific statute' Comcast violated; and the FCC 'can't get an unbridled, roving commission to go about doing good.'"
"The decision is expected to move to the Supreme Court, but it's at least a temporary blow to FCC Chairman Julius Genachowski, who has proposed new net-neutrality rules that would prohibit internet service providers from discriminating against particular content or applications," writes The Register's Cade Metz.
More here from DailyTech … and more here from Boy Genius Report.
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