Wednesday, July 7, 2010

ISPs Are Not Broadcasters

While it may be obvious to anyone who understands how the Internet works, it wasn't obvious to the CRTC who asked the courts to decide. It's always worrying when lawyers have to decide these things as there no assurance that their interpretation of the law will match the technical reality. Thankfully, they got it right this time, but there was an stipulation that ISPs must be content neutral for the ruling to apply. The obvious question is: is throttling enough to turn an ISP into a broadcaster and subject to a different set of regulations?

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