Separate and apart from the issue of FCC regulation, I wonder about an ISP who decides to discriminate as to various forms of content. I had thought that ISP's were considered "common carriers," like the phone company, which generally means they are immune from civil liability and criminal prosecution for things like defamation, obscenity, or incitement speech that is transmitted through their medium precisely because they act as a neutral pass through and do not in any way self-regulate or discriminate as to content that passes through their technology. It sounds like a dangerous thing for ISP's to start regulating their own content. Then again, I haven't studied the nuances of this area of law for awhile and I could be totally off base.
- wolf