FTC gives ISPs green light to block applications as long as they disclose it

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When repealing net neutrality rules, Federal Communications Commission Chairman Ajit Pai and fellow Republicans argued that consumers had nothing to worry about because the Federal Trade Commission would protect them from discriminatory practices by Internet service providers.

But there was never any good reason to think the FTC could come close to replacing FCC oversight of broadband providers, and FTC Chairman Joseph Simons essentially confirmed as much in a speech last week.

Simons said that "blocking, throttling, or paid prioritization would not be per se antitrust violations." By contrast, the now-repealed FCC rules prohibited all three classes of behavior on a per se basis, Simons noted. Simons made the remarks at a telecom policy conference hosted by the Free State Foundation, a free-market think tank (see transcript).

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