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DC Circuit Strikes Down FCC Net Neutrality Rules

On January 14, 2014, the U.S. Court of Appeals for the D.C. Circuit struck down FCC regulations requiring broadband internet providers to adhere to net neutrality requirements. The three-judge panel held the FCC's Open Internet Order exceeds the FCC's authority because broadband internet providers are not "common carriers." In turn, the panel concluded the FCC cannot regulate broadband internet providers in the same way that they regulate telecommunications providers. Net neutrality is a general term used to describe the principle that internet service providers should treat all internet data equally. Proponents of net neutrality seek to prevent internet service providers from discriminating against customers by charging different prices based on the type of data accessed by a customer. The FCC’s 2010 Open Internet Order was designed to protect consumers' rights to access Internet content without discrimination. The court's ruling now makes it easier for network providers to discriminate against certain content or data, blocking, throttling, or charging for data based on various internal criteria. To consumers, the court's ruling may open the door for internet service providers to increase the cost and complexity associated with accessing content online.

Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm located in Dallas, TX.  The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights.  The firm also provides a wide range of technology, Internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution.  Additional information about the IP law firm and its IP law attorneys may be found at www.klemchuk.com.

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