Friday, June 12, 2015

Netiquette IQ Important News Update - D.C. Circuit Denies Stay, Open Internet Rules Become Effective June 12


================================================
Earlier this week, the netizens of the world won a big victory over the major Internet Service Providers. Details are below.
==========================================================

D.C. Circuit Denies Stay, Open Internet Rules Become Effective June 12
By Steve Augustino and Robyn Mohr on June 12, 2015 http://www.commlawmonitor.com/
On June 11, 2015, the D.C. Circuit rejected U.S. Telecom’s request for stay which would have put the Open Internet rules on hold until the court issued a decision on their legality.  However, the court agreed to expedite its proceedings, and is expected to issue a final decision in the case (no. 15-1063) by early next year.
As a result, the Open Internet Order’s (Order) three bright line rules and the new “general conduct” standard will become effective on June 12.  The reclassification of broadband Internet access service (BIAS) as a telecommunications service and the complementary action forbearing from the application and enforcement of sections of Title II of the Communications Act will also become effective on June 12.
Impact for BIAS Providers
The Commission’s three “bright-line rules” prohibiting certain network practices of BIAS providers take effect today. Those provisions are:
·         No blocking. Fixed and mobile BIAS providers may not block access to legal content, applications, services or non-harmful devices, subject to reasonable network management.
·         No throttling. Fixed and mobile BIAS providers may not impair or degrade lawful Internet traffic on the basis of content, applications, services, or non-harmful devices, subject to reasonable network management.
·         No paid prioritization. Fixed and mobile BIAS providers may not favor some lawful Internet traffic over other lawful traffic in exchange for consideration of any kind. The “no paid prioritization” rule bans what are commonly referred to as “Internet fast lanes,” and also prevents ISPs from giving preferential treatment to the content or services of their affiliates. This rule does not have an exception for reasonable network management.
In addition, other BIAS provider actions will be subject to a broad “general conduct” standard.  The Commission will investigate the practices of BIAS providers on a case-by-case basis using the “no unreasonable interference/disadvantage” conduct standard, subject to a multi-factor test.
Further Proceedings
Other aspects of the Order will take effect over a period of months.  First, a number of new requirements are subject to the approval of the Office of Management and Budget (OMB).  These are:
The “Enhanced” Transparency Rule
The Order reinforced the 2010 transparency rule, which was the only rule that the D.C. Circuit upheld in Verizon v. FCC.  While BIAS providers are subject to the 2010 transparency rule now, the enhanced elements will not take effect until approved by OMB.   The Enhanced Transparency will increase the level of disclosures for commercial terms, performance characteristics, and network practices.
The Order temporarily exempts fixed and mobile providers with 100,000 or fewer subscribers from the requirements of the Enhanced Transparency Rule.  The Commission’s Consumer and Governmental Affairs Bureau (CGB) will determine whether to retain this exemption and must make their decision by December 15, 2015.  If the Bureau fails to act by that date, the temporary exemption will expire.
===============================================
**Important note** - contact our company for very powerful solutions for IP management (IPv4 and IPv6, security, firewall and APT solutions:

www.tabularosa.net

In addition to this blog, Netiquette IQ has a website with great assets which are being added to on a regular basis. I have authored the premiere book on Netiquette, “Netiquette IQ - A Comprehensive Guide to Improve, Enhance and Add Power to Your Email". My new book, “You’re Hired! Super Charge Your Email Skills in 60 Minutes. . . And Get That Job!” will be published soon follow by a trilogy of books on Netiquette for young people. You can view my profile, reviews of the book and content excerpts at:

 www.amazon.com/author/paulbabicki

 If you would like to listen to experts in all aspects of Netiquette and communication, try my radio show on BlogtalkRadio  Additionally, I provide content for an online newsletter via paper.li. I have also established Netiquette discussion groups with Linkedin and Yahoo.  I am also a member of the International Business Etiquette and Protocol Group and Minding Manners among others. Further, I regularly consult for the Gerson Lehrman Group, a worldwide network of subject matter experts and have been a contributor to numerous blogs and publications. 

Lastly, I am the founder and president of Tabula Rosa Systems, a company that provides “best of breed” products for network, security and system management and services. Tabula Rosa has a new blog and Twitter site which offers great IT product information for virtually anyone.
==============================================