In May, when the FCC released an early draft of its plan to undo 2015’s strong net neutrality rules, I pointed out that its case rests almost entirely on a deeply incorrect definition of how the internet works. There can be no mistake now that this misrepresentation is deliberate; the agency has reiterated it in even stronger terms in the final draft of the proposal.

I’m not going to go into great detail on it (my earlier post spells it out) but the basic problem is this: broadband has to be defined as either an information service or telecommunications service. The first is “the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information,” while the second is “the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.”

FCC doubles down on its dead-wrong definition of how the internet works

In May, when the FCC released an early draft of its plan to undo 2015’s strong net neutrality rules, I pointed out that its case rests almost entirely on a..


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