Topic: Section 706

The discussion focuses on the push to classify the internet as a common carrier under Title II. The hosts argue that this move actually benefits large incumbents like Comcast and Time Warner by creating a regulated utility environment that stifles smaller competitors and municipal broadband projects.

The FCC's release of new rulemaking regarding the "Open Internet" is dissected. Adam Curry argues that the shift from "Net Neutrality" to "Open Internet" signals a move toward government regulation of the web as a utility. He expresses skepticism toward non-profit groups campaigning for these rules, suggesting they are inadvertently paving the way for metered billing and increased government control.

The origins of the term "Net Neutrality" are traced back to Tim Wu, who originally posited that metered service is the only way to achieve true democratization of data. The hosts discuss the legal battle between Verizon and the FCC, which led to the current proposal to use Title II or Section 706 authority. They explain that Title II would regulate the internet like a telephone system, which is inherently a metered utility.

The hosts discuss the legal fallout of the Verizon vs. FCC court decision. Adam explains the difference between regulating the internet under Section 706 versus Title II. He notes the FCC's proposal to create an "ombudsperson" to resolve disputes and the introduction of a "commercial reasonableness" standard for traffic management.