The man who spoke for Comcast at Harvard last month has told the Federal Communications Commission that the agency has no legal power to stop the cable giant from engaging in what it calls "network management practices" (critics call it peer-to-peer traffic blocking). Comcast vice president David L. Cohen's latest filing with the Commission claims that regulators can do nothing even if they conclude that Comcast's behavior runs afoul of the FCC's Internet neutrality guidelines.

"The congressional policy and agency practice of relying on the marketplace instead of regulation to maximize consumer welfare has been proven by experience (including the Comcast customer experience) to be enormously successful," concludes Cohen's thinly-veiled warning to the FCC, filed on March 11. "Bearing these facts in mind should obviate the need for the Commission to test its legal authority."

More here.