Under the 1998 Digital Millennium Copyright Act, Tumblr, YouTube, Reddit, WordPress, and Facebook aren't responsible for the copyright infringement of each of their millions of users, so long as they take down specific posts, videos, or images when notified by copyright holders. But copyright holders thought that wasn't good enough.

Data can generally travel the speed of light unless networks are congested. When there's congestion, usually the cheapest and best thing is simply to add capacity generally, not to prioritize certain sites over others.

The FCC has made it clear it would punish a cable or phone company for deviating from providing 'neutral' access.

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