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Verizon is arguing before the Court of Appeals for the D.C. Circuit that broadband providers have a right to decide what they transmit online. […] According to Verizon’s argument:

In performing these functions [providing the transmission of speech from Point A to Point B], broadband providers possess ‘editorial discretion.’

Just as a newspaper is entitled to decide which content to publish and where, broadband providers may feature some content over others.
In effect, Verizon claims that by transmitting bits – providing Internet access – it gains the rights of a newspaper like the Washington Post or the New York Times. This assertion has no basis in constitutional law, and in fact repudiates many positions taken by Verizon before Congress, courts and the FCC over the years.

[…]

“Verizon and its predecessors have argued exactly to the contrary time after time — including when they were fighting for open access to cable companies’ wires a decade ago and when they have claimed immunity from liability based on their status as a transmissions provider for the content they carry,” said Tyrone Brown, who served as an FCC Commissioner from 1977-1981.

{ Roosevelt Institute | Continue reading }





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