Tech giants' net neutrality legal challenge

Senate bill to block net neutrality repeal now has 40 cosponsors

Ed Markey on Twitter: "A big step toward restoring a free and open Internet: with the support of @clairecmc, we now

While Democrats have reached a crucial threshold for bringing the bill to vote on the Senate floor, it's unlikely to pass since Republicans control both the House of Representatives and the Senate. If passed, it would block the commission's new rules. Bernie Sanders, an independent who caucuses with the Democratic Party.

Included within the final draft is the definition of broadband Internet access service as an "information service" as opposed to a "telecommunications service".

The resolution was drafted under the Congressional Review Act, which gives Congress the authority to overturn new regulations issued by federal agencies with a simple-majority vote in both houses.

However, a reversal of the FCC push seems unlikely because Congress is controlled by Republicans, very few of whom have expressed support for the net neutrality rules adopted under the Obama administration.

Still, Free Press and others are pushing forward, noting the widespread popularity of the net-neutrality rules. As with other aspects of the digital economy, we are exploring unknown territory. Opposition has lost a battle, which turned bitter and quite personal quickly, and has moved onto the being hard stage. It's a common tactic in politics; lose a vote, then make life as hard as possible for the victor in an effort to win PR points and damage your oppositions credibility in the public eye.

The draft goes on to argue that "ISPs have strong incentives to preserve Internet openness, and these interests typically outweigh any countervailing incentives an ISP might have" furthering its argument for a light-touch approach to internet legislation. Most did not take a firm, public stance or any action. John MarkeyNet neutrality supporters predict tough court battle over FCC's repeal plan Avalanche of Democratic senators say Franken should resign Driverless auto bill hits Senate speed bump MORE (D-Mass.), would use Congress's authority under the Congressional Review Act to reverse the FCC's rollback of its popular net neutrality rules. At a conference previous year in California, Netflix CEO Reed Hastings said while net neutrality is "incredibly important", it's no longer "narrowly important to us because we're big enough to get the deals we want". It hasn't proposed any legal action to combat the new rules just yet, but it is not usually shy about fighting Republican intentions.

Without those rules, providers will be free to block customers from accessing rival services or slow down their access to Netflix, for example, as long as they tell customers what they're doing - though the Federal Trade Commission is supposed to watch for severely anticompetitive moves. The sensible solution will be in the middle, but since when has politics ever been sensible.

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