In March 2015, the Federal Communications Commission (FCC) faced the first legal challenge to its Open Internet rules. The FCC believes that net neutrality promotes free expression and the exchange of ideas. Its new rules advance the principle of net neutrality by prohibiting internet service providers (ISP) from discriminating against lawful internet services by creating “fast lanes” and prioritizing internet access based upon financial consideration. While the FCC believes net neutrality promotes free expression and the exchange of ideas, ISPs argue that the FCC’s rules violate the Administrative Procedure Act and the US Constitution. This JURIST Feature looks at what the FCC means when it talks about net neutrality, the FCC’s current rules on net neutrality and legal challenges to the policy.
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