FEDERAL COMMUNICATIONS COMMISSION 
WASHINGTON 
OFFICE OF 
THE CHAIRMAN 
The Honorable Dianne Feinstein 
United States Senate 
331 Hart Senate Office Building 
Washington, D.C. 20510 
Dear Senator Feinstein: 
April 9, 2015 
Thank you for your letter expressing support for provisions in the Open Internet Order 
(Order) that will preserve the ability oflnternet Service Providers (ISPs) to block access to 
material that endangers public safety, violates intellectual property protections, or threatens 
national security. Your views are very important and will be included in the record of the 
proceeding and considered as part of the Commission's review. 
On February 26, 2015, the Federal Communications Commission (FCC) voted to approve 
new rules designed to preserve the Internet as an open platform for innovation, investment, and 
free expression. Utilizing the combined authority of Title II of the Communications Act and 
Section 706 of the Telecommunications Act, these rules are rooted in long-standing regulatory 
principles, marketplace experience, and public input received over the last year. This Order 
represents the most open rulemaking in history and is based on months of listening to the views 
of policymakers outside the Commission, industry and public interest representatives, and, as 
you note, millions of Americans from all walks of life speaking in a clear voice against practices 
that harm a free and open Internet. 
As you stated, it is essential that ISPs still have the ability to prevent access to sites and 
services that facilitate illegal and criminal activities. The Open Internet rules are not intended to 
expand or contract broadband providers' rights or obligations with respect to other laws or safety 
and security considerations, including the needs of emergency communications and law 
enforcement, public safety, and national security authorities. Similarly, the Open Internet rules 
protect only lawfal content and are not intended to impede efforts by broadband providers to 
address unlawful transfers of content or transfers of unlawful content. 
As you note, in the 2010 Open Internet Order, the FCC adopted a rule that acknowledged 
the ability of broadband providers to serve the needs of law enforcement as well as the needs of 
emergency communications and public safety, national, and homeland security authorities. To 
make clear that open Internet protections coexist with other legal frameworks governing the 
needs of safety and security authorities, the new Open Internet rules retain this principle: 
Norhing in this part supersedes any obligation or authorization a provider of broadband 
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Internet access service may have to address the needs of emergency communications or 
law enforcement, public safety, or national security authorities, consistent with or as 
permitted by applicable law, or limits the provider's ability to do so. 
The purpose of this provision is to ensure that open Internet rules do not restrict 
broadband providers in addressing the needs of law enforcement authorities, while ensuring that 
broadband providers do not use it as a loophole to the rules. 
In addition, the Order also retains the rule on copyright infringement that you cited: 
Nothing in this part prohibits reasonable efforts by a provider of broadband Internet 
access service to address copyright infringement or other unlawful activity. 
The Order states that the Open Internet rules do not prohibit broadband providers from 
making reasonable efforts to address transfers of unlawful content or unlawful transfers of 
content. It also ensures that open Internet rules are not used as a shield to enable unlawful 
activity or to deter prompt action against such activny. 
I appreciate your interest in this matter. Please let me know if I can be of any further 
assistance. 
Tom Wheeler