For many months, EFF has been working with a broad coalition of advocates to persuade the Federal Communications Commission to adopt new Open Internet rules that would survive legal scrutiny and actually help protect the Open Internet. Our message has been clear from the beginning: the FCC has a role to play, but its role must be firmly bounded.

Two weeks ago, we learned that we had likely managed the first goal—the FCC is going to do the right thing and reclassify broadband as a telecommunications service, giving it the ability to make new, meaningful Open Internet rules.  But we are deeply concerned that the FCC’s new rules will include a provision that sounds like a recipe for overreach and confusion: the so-called “general conduct rule.”

According to the FCC’s own “Fact Sheet,“ the proposed rule will allow the FCC to review (and presumably punish) non-neutral practices that may “harm” consumers or edge providers. Late last week, as the window for public comment was closing, EFF filed a letter with the FCC urging it to clarify and sharply limit the scope of any “general conduct” provision…

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