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EFF Urges Federal Appeals Court to Protect Speech, Guard Against Censorship By Upholding Net Neutrality Order
Washington—The Electronic Frontier Foundation (EFF) is asking a federal appeals court to approve Federal Communications Commission (FCC) net neutrality rules that prevent Internet service providers from interfering with and censoring content on the Web.
U.S. telecommunication providers sued the FCC in Washington D.C. federal circuit court after the FCC published the rules, called the Open Internet Order, earlier this year. Among other things, service providers and their supporters argue that the order strips telecom companies of control over which speech they transmit.
In an amicus brief filed in the case today, EFF and the American Civil Liberties Union (ACLU) explain that the order is an appropriately-tailored measure that protects the Internet’s open and robust "marketplace of ideas" without placing excessive or inappropriate restrictions on telecommunications providers or regulating their speech or messages.
"The openness of the Internet has transformed our civic life, our culture, and our economy, and net neutrality is essential to ensuring that ISP gatekeepers do not undermine the freedom of speech and access to knowledge we enjoy online," said EFF Staff Attorney Kit Walsh. "Internet service providers stand between subscribers and the rest of the world, giving them the power to interfere with our communications in order to further their own interests. We’re urging the court to approve rules that protect users’ rights to freely express themselves and access information online."
The FCC net neutrality order prohibits ISPs from blocking or degrading service—which they may do to thwart competition or increase profits—or charging tolls for speedier traffic to certain websites. By narrowly focusing regulation on ISPs acting as conduits for the speech of others and operating in a dysfunctional market shaped by government subsidies, the net neutrality order appropriately protects customers’ freedoms.
"In addition to supporting the order’s bright-line rules against blocking, throttling, and paid prioritization, we are also urging the court to clarify other aspects of the order so as to provide clear boundaries on the FCC’s discretion," said EFF Legal Director Corynne McSherry. "The FCC should focus on whether ISPs interfere with freedom of expression and whether they discriminate with respect to the content and sources of web traffic. That focus will help strike the right balance and limit the risk that the FCC might abuse its power to impede, rather than promote, innovation and free speech."