With the release of the Federal Communications Commission’s new Internet nondiscrimination proposals (that is, network neutrality), one vexing question continues to vex. Does the FCC have the legal authority to regulate access to the ‘Net? The issue came up again this week, and not just because of the net neutrality proceeding; Comcast, which is suing the FCC for its sanctions against the ISP for last year’s P2P throttling, told a federal court hearing the case that the answer is no.


Linked to in the story is another article by the EFF, which raises some great points. If the FCC, an executive regulatory agency, is allowed to make arbitrary rules concerning the function and operation of the Internet, what sort of regulation and restriction might the next administration implement?