US Net Neutrality Upheld!

Mueller, Milton L milton at GATECH.EDU
Thu Jun 16 11:09:26 EEST 2016


Ayden
Whatever the merits of the NN rules passed by the FCC, I think the case against its legality is very weak.
The rules were knocked down twice because the FCC had classified broadband internet as an information service and thus could not regulate it as a common carrier. After the reclassification of broadband as a telecom service I don’t see the grounds for a legal challenge. IANAL, however, and the court will be divided but since Clinton is going to win the Presidency I doubt it will be overturned.

--MM

Thanks for sharing this news, Kathy. With everything happening in politics at the moment, it is nice to read something positive for a change. It is hard for me to imagine this decision not being appealed to the Supreme Court, however - and the cynic in me worries that a conservative-leaning court may see this as some kind of unconstitutional restriction on business. Do you too envision a long battle ahead?

Ayden




On Tue, Jun 14, 2016 4:23 PM, Kathy Kleiman kathy at KATHYKLEIMAN.COM<mailto:kathy at KATHYKLEIMAN.COM> wrote:

Hi All,

The US Court of Appeals for the District of Columbia Circuit has just upheld Net Neutrality as the “law of the land” in the US!  There was great rejoicing when Net Neutrality was passed the US Federal Communications Commission. There will be great rejoining today now that its major challenges have been set aside (although further challenges may follow).

Congratulations to all members of NCSG who worked on these regulations!  Decision here for all who want to read (110 pages with a 69 page dissent): D.C. Circuit’s decision in the Net Neutrality case<https://www.cadc.uscourts.gov/internet/opinions.nsf/3F95E49183E6F8AF85257FD200505A3A/$file/15-1063-1619173.pdf>.

Hooray!!!

Kathy

Ayden Férdeline
Statement of Interest<https://community.icann.org/display/gnsosoi/Ayden+Férdeline+SOI>
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