Comment Re:With this Supreme Court they're right (Score 2) 103
The Supreme Court hasn't said any such thing. All the Supreme Court has said is that they have to enforce what the law says, and not just make things up on their own if the law doesn't say what they want. The problem is that in reality, that's pretty much what the FCC has been doing with ISPs for years.
The law tries to make a clean delineation:
- A "common carrier" just provides communication. If (for example) I use a phone to commit a crime, it's not the phone company's fault (because they're just a common carrier). In return for that, the phone company is not allowed to control my communication. They can cut me off because I fail to pay my bill, but not because the dislike what I say. A common carrier also has to stay out of the business of providing most content--they're limited to providing "neutral" communication. So in the days of Ma Bell, they could provide a few purely informational kinds of things (directory assistance, and a number for the date and time), but that's about it. And even those were sometimes at least mildly controversial.
- An "information service" doesn't just provide communication--it may provide or exercise control over content (e.g., locking accounts for posting content that doesn't fit terms of service, even if the content is actually legal). Since they're allowed control over content, they can be held responsible (to at least some degree) for that content.
The FCC has basically tried to create a combination of the two, where ISPs aren't really either of those. They want to continue to hold ISPs responsible for user's content, but also prohibit (at least some kinds of) decisions about the content they carry.
Classifying an ISP as a common carrier would be particularly problematic for ISPs like Google that not only provide communication services, but also provide content (search, YouTube, office tools, etc.) It would only take some fairly minor policy changes for some ISPs to fit the definition of a common carrier--but for others like Google, it doesn't even come close to fitting at all.
And the FCC shouldn't be in the business of telling ISPs (or whomever) which classification they should fall into. It should be up to the company to decide which fits their business. Once they've made their choice, the FCC makes sure the abide by the consequences of that decision (e.g., if they decide to be a common carrier, they can't be held responsible for users' content, but they also can't provide or control content).