The communications world is waiting with bated breath to see if the D.C. Circuit strikes down the Federal Communications Commission’s “net neutrality” rule (once Verizon’s and MetroPCS’s suits are re-filed). But a recent decision, Fink v. Time Warner Cable, by the U.S. District Court for the Southern District of New York could effectively empower Internet users to impose net neutrality on telecoms and ISPs all by themselves. And the vehicle would not be the Telecommunications Act of 1996, but the good old, all-purpose Computer Fraud and Abuse Act. The court held that allegations that an ISP impaired the functioning of Skype and other peer-to-peer (P2P) programs by “throttling” its web traffic satisfy the “access” and “damage” requirements of the CFAA. As a result, the court permitted a nationwide putative class action against Time Warner Cable to proceed.