YNOT – With all due respect to fans of erotic photography, it’s generally understood that video content drives the majority of consumer activities in the adults-only spaces of the Internet. Given the importance of video, and the increasing role of high quality video feeds in premium adult entertainment websites, the industry is certain to take note of a Tuesday ruling that struck a blow against the U.S. government’s attempts to enforce the principles of “net neutrality.”The ruling, by the United States Court of Appeals for the District of Columbia Circuit, found that the Federal Communications Commission (FCC) lacked the proper authority when it issued rules in 2008 prohibiting broadband service provider Comcast from “throttling down” service for customers who accessed “BitTorrent” file-sharing services. The ruling means broadband providers like Comcast can purposefully handicap the speed of its customers’ internet connections when they access certain types of online services or websites – or even charge customers more for unhindered access to popular sites like YouTube.com.
Providers of large quantities of broadband content, companies such as Google and Microsoft, had argued unsuccessfully in favor of the FCC rules.
“Today’s DC Circuit decision in Comcast v. Federal Communications Commission creates a dangerous situation, one where the health and openness of the Internet is being held hostage by the behavior of the major telco and cable providers,” said Markham Erickson, executive director of the Open Internet Coalition.
Parul Desai of the Media Access Project also decried the ruling.
“Because this case has turned into a lawyers’ debate over technical issues, it is easy to lose sight of its importance to freedom of speech and expression,” said Desai. “ISP interference to lawful uses of the Internet must not be tolerated, and the Commission must have the power to adopt rules to prohibit such practices.”
Since Congress determines the authority of the FCC, it is possible that Congress could grant the agency new powers to address the decision by the Court of Appeals.
“Today’s court decision invalidated the prior Commission’s approach to preserving an open Internet,” admitted Jenn Howard, a spokesperson for the FCC. “But the Court in no way disagreed with the importance of preserving a free and open Internet; nor did it close the door to other methods for achieving this important end.”
