Last week the U.S. Court of Appeals for the District of Columbia shot holes in the U.S. Federal Communications Commission’s version of net neutrality saying the Commission was wrong not in trying to regulate Internet Service Providers but in trying to regulate them as Common Carriers, that is as telephone utilities. The FCC can’t have it both ways, said the Court, and so the Feds get to try all over again. Or will they? I think events are moving so quickly that by the time this particular argument is worked out all the players will have changed and the whole argument may be moot.

If you read the court’s near-unanimous decision they leave the […]