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Sender Side Transmission Rules For The Internet, Tejas N. Narechania, Tim Wu
Sender Side Transmission Rules For The Internet, Tejas N. Narechania, Tim Wu
Tejas N. Narechania
In January 2014, the U.S. Court of Appeals for the D.C. Circuit struck down the FCC's 2010 Open Internet Order, which contained the Commission's net neutrality rules. The Commission has since indicated that it will take up the D.C. Circuit's invitation to implement rules that, consistent with historic practice, meet the court’s test for preventing improper blocking and discrimination of Internet traffic. In this paper, we consider the Commission's options for a path forward under Title II of the Communications Act. We find that the FCC has at least two available paths. The first is predominantly legal: By adopting the …