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Tech companies, states spar with govt over net neutrality

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Tech companies, states spar with govt over net neutrality
News

News

Tech companies, states spar with govt over net neutrality

2019-02-02 08:03 Last Updated At:08:10

Tech companies and nearly two dozen U.S. states clashed with the government in federal court Friday over the repeal of net neutrality, a set of Obama-era rules aimed at preventing big internet providers from discriminating against certain technology and services.

Judges challenged arguments made by both sides in the faceoff in an appeals court in Washington.

Lawyers for the states and the companies tried to persuade the three-judge panel to restore the net neutrality regime, set in 2015 during the Obama administration and repealed in December 2017 at the direction of a regulator appointed by President Donald Trump. The companies challenging the FCC action include Mozilla, developer of the Firefox web browser, and Vimeo, a video-sharing site.

The net neutrality rules had banned cable, wireless and other broadband providers from blocking or slowing down websites and apps of their choosing, or charging Netflix and other video services extra to reach viewers faster.

The practice of slowing down transmission is known as "throttling."

The action by the Federal Communications Commission rolling back the neutrality rules "is a stab in the heart of the Communications Act," said attorney Pantelis Michalopoulos, referring to the Depression-era law that established the FCC.

The FCC wrongly classified the internet as an information service rather than a telecoms service, using that as a rationale for not cracking down on misconduct by big internet providers, Michalopoulos said, who represents Mozilla and the other companies in the case.

Government lawyers, as well as big internet providers such as AT&T, Verizon and Comcast, argued to keep net neutrality repealed.

Thomas Johnson, the FCC's general counsel, said the agency's "light-touch" regulatory scheme, requiring the internet providers to disclose their practices and operations, provides adequate safeguards. The internet — used more extensively to transmit information — is different both in nature and function from phone service, Johnson maintained. It therefore should be regulated as an information service and not subject to the utility-style oversight of phone companies, he said.

The politically charged issue has emerged from its origins as an engineering challenge to become an anti-monopoly rallying point and even a focus for "resistance" to the Trump administration.

Once Trump took office, net neutrality became one of his first targets as part of broader government deregulation. The FCC chairman he appointed, Ajit Pai, made rolling back net neutrality a top priority.

On the other side, support for net neutrality comes from many of the same people who also are critical of the data-vacuuming tech giants that benefit from it. Politicians have glommed on to the cause to appear consumer-friendly.

The Democratic takeover of the House in November's midterm elections could revive efforts to enshrine net neutrality in federal law, though Trump likely would veto any such attempts.

At the hearing in the U.S. Appeals Court for the District of Columbia, Judge Stephen Williams questioned Michalopoulos's assertions on the FCC wrongly classifying the internet as an information service. Telephone services, too, offer an array of customer products, he said. On the question of broadband providers charging premiums for faster service, Williams said a large majority of consumers prefer cheaper, lower-speed options, citing polls.

The judges are weighing whether the FCC had the authority to nix the 2015 rules and get out of the business of enforcing net neutrality. It appeared that Williams was sympathetic to the FCC's arguments, while Judge Patricia Millett raised possible legal avenues for the companies and states suing the agency, and Judge Robert Wilkins was the swing vote, said Doug Brake, director of broadband and spectrum policy for the Information Technology and Innovation Foundation, a Washington think tank.

The judges could decide to can the repeal or send it back to the FCC for a redo if they have specific objections.

"Today we fought for an open and free internet that puts consumers first, Mozilla Chief Operating Officer Denelle Dixon said after the hearing. "We believe the FCC needs to follow the rules like everyone else."

WASHINGTON (AP) — The U.S. military said Wednesday it struck five alleged drug-smuggling boats over two days, killing a total of eight people while others jumped overboard and may have survived.

U.S. Southern Command, which oversees South America, did not reveal where the attacks on Tuesday and Wednesday occurred. Previous attacks have been in the Caribbean Sea and in the eastern Pacific Ocean.

A video of Tuesday's attack posted by Southern Command on social media shows three boats traveling in a close formation, which is unusual, and the military said they were in a convoy along known narco-trafficking routes and “had transferred narcotics between the three vessels prior to the strikes.” The military did not provide evidence to back up the claim.

The military said three people were killed when the first boat was struck, while people in the other two boats jumped overboard and distanced themselves from the vessels before they were attacked. Southern Command said it immediately notified the U.S. Coast Guard to activate search and rescue efforts.

Southern Command's statement did not say whether those who jumped off the boats were rescued.

Calling in the Coast Guard is notable because the U.S. military drew heavy scrutiny after U.S. forces killed the survivors of an attack in early September with a follow-up strike to their disabled boat. Some Democratic lawmakers and legal experts said the military committed a crime, while the Trump administration and some Republican lawmakers say the follow-up strike was legal.

U.S. forces attacked two more boats on Wednesday, killing five people who were allegedly smuggling drugs along known trafficking routes, Southern Command said in a separate statement. It did not provide evidence of the alleged trafficking or reveal the body of water in which the attacks occurred. Videos posted with the statement on social media showed a boat in the water and explosions.

The latest attacks bring the total number of known boat strikes to 35 and the number of people killed to at least 115 since early September, according to numbers announced by the Trump administration.

President Donald Trump has justified the attacks as a necessary escalation to stem the flow of drugs into the United States and asserted that the U.S. is engaged in an “armed conflict” with drug cartels.

Along with the strikes, the Trump administration has built up military forces in the region as part of an escalating pressure campaign on Venezuelan President Nicolás Maduro, who has been charged with narco-terrorism in the United States.

Meanwhile, the CIA was behind a drone strike last week at a docking area believed to have been used by Venezuelan drug cartels, according to two people familiar with details of the operation who requested anonymity to discuss the classified matter.

It was the first known direct operation on Venezuelan soil since the U.S. began strikes in September, a significant escalation in the administration’s pressure campaign on Maduro’s government.

President Donald Trump listens during a news conference with Israel's Prime Minister Benjamin Netanyahu at Mar-a-Lago, Monday, Dec. 29, 2025, in Palm Beach, Fla. (AP Photo/Alex Brandon)

President Donald Trump listens during a news conference with Israel's Prime Minister Benjamin Netanyahu at Mar-a-Lago, Monday, Dec. 29, 2025, in Palm Beach, Fla. (AP Photo/Alex Brandon)

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