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Instead, A.T. & T. had to abide by a "common carriage" rule: it provided the same quality of service to all, and could not favor one customer over another.
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in the past when Internet was in Title II, the common carriage rules applied.
With the Internet, the Net Neutrality rules are an attempt to supply common carriage principles to the Internet.
Congress needs to establish basic ground rules for an open Internet, just as common carriage laws did for the phone system.
"Because a broadband provider does not -- and is not understood by users to -- 'speak' when providing neutral access to internet content as common carriage, the First Amendment poses no bar to the open internet rules," the court said.
They concluded that some variation of common carriage was the only solution.
This concept, called "common carriage", has served the world well, most recently on the internet.
The phone system is subject to "common carriage" laws, which require phone companies to treat all calls and customers equally.
To understand neutrality, you have to understand an esoteric concept called "common carriage".
This situation exists because SMS is not afforded common carriage protection like voice is.
But for SMS, where messages aren't afforded common carriage, carriers are responsible for policing the content of the communications.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com