Topic: Lawful Content

The new FCC rules introduce the term "lawful content," which the hosts suggest could allow for government-mandated blocking of specific IP addresses or services like Pirate Bay. The ban on "paid prioritization" and "consideration" may disrupt existing peering arrangements where companies like Netflix or Google place servers within ISP facilities. This regulatory shift is compared to the "Carterphone" decision, though the hosts argue the comparison is technically flawed and intended to confuse the public.

The hosts predict that the FCC's net neutrality proposal will face immediate legal challenges based on Supreme Court precedents regarding agency overreach, similar to EPA lawsuits. They critique the Ford Foundation's support for the legislation and highlight the ambiguity of the term "lawful content" in the proposed rules. The discussion suggests the "open internet" movement is a messaging tool for major tech platforms like Netflix and Google.

Curry highlights a specific phrase in proposed net neutrality rules: the prohibition of blocking "lawful" content. Using Black's Law Dictionary, he distinguishes between "illegal" (forbidden by law) and "unlawful" (not authorized by law). He warns that this terminology could allow the government to regulate "hate speech" or "bullying" as "unlawful" traffic.

The FCC has released a 90-page Notice of Proposed Rulemaking regarding the "open internet," with a public comment deadline of July 15, 2014. The document repeatedly uses the terms "lawful content" and "lawful network traffic" without providing specific definitions. The hosts warn that this legal ambiguity will require deep packet inspection and grant the government the power to determine what speech is permitted online, effectively bypassing First Amendment protections.