Re: Verizon Policy Statement on Net Neutrality

[Lamar Owen <lowen () pari edu>]

On 02/27/2015 02:14 PM, Jim Richardson wrote:
>  From 47CFR§8.5b
> (b) A person engaged in the provision of mobile broadband Internet
> access service, insofar as such person is so engaged, shall not block
> consumers from accessing lawful Web sites, subject to reasonable
> network management; nor shall such person block applications that
> compete with the provider's voice or video telephony services, subject
> to reasonable network management.
>
> What's a "lawful" web site?
That would likely be determined on a case-by-case basis during 
Commission review of a complaint, I would imagine, with each FCC 
document related to each case becoming part of the collection of 
precedent (whether said document is a NAL, NOV, or R&O would be somewhat 
immaterial).  The obvious answer is 'a website that has no illegal 
content' but once something is brought to a hearing, what is 'obvious' 
doesn't really matter.

If you want to read about the types of rationale that can be used to 
determine terms like 'lawful' in this context, search through 
Enforcement Bureau actions relating to 47CFR§73.3999   "Enforcement of 
18 U.S.C. 1464 (restrictions on the transmission of obscene and indecent 
material)."  For more technical considerations, you might find the 
collection of precedent on what satisfies 47CFR§73.1300, 1350, and 1400 
to be more interesting reading, if you're into this sort of arcana.