Net neutrality is the principle that Internet service providers and governments should treat all data on the Internet equally, not discriminating or charging differentially by user, content, site, platform, application, type of attached equipment, or mode of communication. Examples of net neutrality violations include when the Internet service provider Comcast intentionally slowed peer-to-peer communications.

On February 26, the FCC ruled in favor of net neutrality by reclassifying broadband access as a telecommunications service and thus applying Title II (common carrier) of the Communications Act of 1934 to Internet service providers.

We spoke with Judge Daniel Brenner, who serves on the Los Angeles County Superior Court, about net neutrality and the legal issues surrounding it. Previously Brenner was a partner in the communications, media and entertainment group of Hogan Lovells US LLP in its Washington and Los Angeles offices. His practice concentrated on matters involving cable operators, programmers, and suppliers with a focus on policy, intellectual property, and regulation before the Federal Communications Commission, the U.S. Copyright Office, and Congress.  Judge Brenner is the author of the book Cable Television and Other Nonbroadcast Video, published by Thomson Reuters.

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