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US: FCC and FTC agree to collaborate on monitoring Open Internet

 |  December 11, 2017

The Federal Communications Commission (FCC) and Federal Trade Commission (FTC) have drafted a memorandum of understanding (MOU) on how they will divvy up enforcement of internet service providers’ (ISPs) promises and disclosures about their business practices and network management practices after the FCC eliminates most network neutrality rules.

After the rule rollback becomes official—it is scheduled to be voted on–and FCC Chairman Ajit Pai has said will be approved—December 14, the FCC will investigate and take actions against any violations of the order’s transparency requirements, under which ISPs have to disclose any blocking, throttling, paid prioritization or congestion management. That means if they don’t disclose what they are doing, the FCC’s Enforcement Bureau will handle it.

Under the agreement, the FTC will investigate ISPs for any divergence from what they say they are, or are not, doing, as well as any other practices the FTC deems unfair or deceptive. That unfairness could include anticompetitive blocking or throttling or paid prioritization.

“The Memorandum of Understanding will be a critical benefit for online consumers because it outlines the robust process by which the FCC and FTC will safeguard the public interest,” said FCC Chairman Ajit Pai in a statement. “Instead of saddling the Internet with heavy-handed regulations, we will work together to take targeted action against bad actors. This approach protected a free and open Internet for many years prior to the FCC’s 2015 Title II Order and it will once again following the adoption of the Restoring Internet Freedom Order.”

Rollback of the Net Neutrality rules is a controversial topic that is opposed by advocacy groups and Silicon Valley incumbent firms.

Full Content: Federal Trade Commission & Public Nowledge

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