New York Federal District Court Strikes Down Application of the Computer Fraud and Abuse Act to ISP Throttling Case

As Internet traffic has exploded in the last decade, Internet Service Providers (ISP) – the companies who build and profit from providing the requisite infrastructure – have had to strategically maintain their networks to satisfy demand under increasingly tightening technological constraints. One way ISPs do this is by employing a practice called “throttling,” or limiting heavy users’ access to Internet servers to free up bandwidth for others. When one subscriber to an ISP’s service makes heavy demands to the network, such as downloading large amounts of videos, other users in the area suffer from decreased speed; throttling is one way of preventing this sort of problem. ISPs typically reserve their right to throttle in their terms and of service with customers.

To read this blog post click here