A Decade Later, Net Neutrality Goes To Court

Today the D.C. Federal Appeals Court hears Verizon’s challenge to the Federal Communications Commission’s “Open Internet Order” — better known as “net neutrality.”

Hard to believe, but we’ve been arguing over net neutrality for a decade. I just pulled up some testimony George Gilder and I prepared for a Senate Commerce Committee hearing in April 2004. In it, we asserted that a newish “horizontal layers” regulatory proposal, then circulating among comm-law policy wonks, would become the next big tech policy battlefield. Horizontal layers became net neutrality, the Bush FCC adopted the non-binding Four Principles of an open Internet in 2005, the Obama FCC pushed through actual regulations in 2010, and now today’s court challenge, which argues that the FCC has no authority to regulate the Internet and that, in fact, Congress told the FCC not to regulate the Internet.

Over the years we’ve followed the debate, and often weighed in. Here’s a sampling of our articles, reports, reply comments, and even some doggerel:

— Bret Swanson

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