Net Neutrality

Just as the new iPhone was announced last week, AT&T was making another, significantly less popular announcement. Although Apple will now allow iPhone owners to use FaceTime (a.k.a. the super-futuristic video phone feature) over the cellular network, instead of just WiFi, AT&T will not. Unless, of course, you buy into its new shared-data plan.

But we’re mad as hell, and we’re not going to take it any more!

This morning, Free Press, Public Knowledge, and the New America Foundation’s Open Technology Institute announced it would file a complaint with the FCC alleging AT&T has violated net neutrality rules. Let’s see the details of the complaint as well as discuss why AT&T is wrong…

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Isn’t it annoying when the YouTube video you’re watching just stops loading right in the middle? Or when your Skype connection suddenly starts sucking in the middle of a video conversation?

Well, it turns out that in Europe, sometimes stuff like that doesn’t happen accidentally. Internet Service Providers intentionally “throttle” certain kinds of web traffic.

The European Union is sick of this. On Tuesday, the European Commissioner for Digital Agenda threatened new legislation and public humiliation for companies that don’t allow consumers easy access to a free and open Internet. That’s right, kids; the net neutrality debate is hot in Europe, too….

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Morning Docket: 12.21.10

Shaun Ellis is getting sued over a snowball fight.

* The fight for the future begins: the FCC is going to deal with net neutrality today. Are we going to end up with a red pill versus blue pill scenario? [Media Decoder / New York Times]

* Super-agent Jim Wiatt, former head of the William Morris talent agency, is suing Winston & Strawn and former Winston partner Jonathan Star Bristol. [ABA Journal]

* With the threat of a Cuomo lawsuit, Ernst & Young is totally wishing that it didn’t ignore those Repo 105s on the Lehman books right about now. [Going Concern]

* For most law firms, the Twitterverse is still a poor and misunderstood red-headed step child – the kind not even worthy of a single beating. [Corporate Counsel]

* It’s a good thing Above the Law doesn’t have a repeal amendment, or the commentariat would try to overturn my employment. [CBS News]

* What does this pedophile want for Christmas? A 12-year-old stocking stuffer. The author of the how-to guide for child touchers was arrested under Florida law. [CNN Justice]

* Shaun Ellis is getting sued for throwing a snow ball. Okay, so it was a snow boulder, but it looks like the only thing that got hurt was the victim’s ego. [New York Post]

* What this lonely Jew is going to do for Christmas: get drunk, eat Chinese food, and read about superhero law. Because really, I’m just that nerdy. [New York Times]

This morning, a friend texted me, “You should do a post on D.C. destroying net neutrality.” In my best Arnold Drummond text/voice, I responded “What the f*** are you talking about, [Friend]?” See, in my world, the courts are here to help us — not to come into my home and place of business like the Visigoths hell bent on destroying the civilized world just because they can.

But my friend was right. For reasons passing understanding, the D.C. Circuit decided that today was a good day to try to ruin the internet. The New York Times reports:

A federal appeals court has ruled that the Federal Communications Commission lacks the authority to require broadband providers to give equal treatment to all Internet traffic flowing over their networks.

Tuesday’s ruling by the United States Court of Appeals for the District of Columbia is a big victory for the Comcast Corporation, the nation’s largest cable company. It had challenged the F.C.C.’s authority to impose so called “net neutrality” obligations.

To paraphrase Morpheus: “SCOTUS, if you’re out there, we could sure use some help right now.”

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