Fox Steps Over The Internet Line

Over the weekend, Fox committed what should be considered one of the grossest violations of the open Internet committed by a US company. Unfortunately, there was no one to call them on it.

Fox blocked Cablevision subscribers from accessing Fox content online, from fox.com web sites or from Hulu. Even if a customer received only Internet service from Cablevision, and TV programming from another company like DirecTV or Dish, that Internet user trying to reach a Fox online was redirected to keepfoxon.com -- a Fox site that gives Fox's side of the negotiations and even has a couple of helpful links to Cablevision competitors like AT&T's U-verse, Verizon FiOS and DirecTV. The theory behind the Internet blockage was to keep Cablevision subscribers from watching Fox content online, and thus taking away a Cablevision incentive to negotiate. Never mind that some Cablevision Internet access subscribers might want to do something else on the great big Internets. Keeping them away from Fox content was paramount.

Until this spring, the 2005 Federal Communications Commission (FCC) policy statement held that Internet users had the right to access lawful content of their choice. There was no exception in that policy for customers who happened to have their Internet provider caught up in a nasty retransmission battle with a broadcaster. Yes, it would be nice if someone could step in and tell Fox that it is unacceptable to block Internet content. Unfortunately, there isn't that someone around to protect consumers. And that's truly the "harm" here, and why a referee is needed to call the "foul."