A three-judge panel in Washington, D.C. unanimously tossed out the FCC's August 2008 cease and desist order against Comcast, which had taken measures to slow BitTorrent transfers and had voluntarily ended them earlier that year.
Because the FCC 'has failed to tie its assertion' of regulatory authority to any actual law enacted by Congress, the agency does not have the authority to regulate an Internet provider's network management practices, wrote Judge David Tatel of the U.S. Court of Appeals for the D.C. Circuit."
This is good. A win for freedom.
Sadly, I am also sure that Obama will have Congress pass a law or sign an executive order or something to be able to do it later.