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Free Press: Internet Too Important to Tie Up in Legal Limbo

Started by TLF · 10 months ago

Communications Daily (subscription) reported today on the avalanche of lawsuits being filed challenging the FCC’s Comcast “net neutrality” order.   Four were filed this week in four different U.S. appeals circuits — the lucky court that w ... Continue reading »

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  • The story quotes Ben Scott of Free Press, the energizer rabbit of pro-regulation media groups, decrying Comcast’s appeal. “The Internet is too important to let Comcast tie it up in legal limbo,’ he says. “Congress should act now to pass Net Neutrality laws that clear up any uncertainty once and for all.”


    This has got to be the Mona Lisa of works of irony...
  • Irony abounds in this matter. The FCC relies first and foremost on Section 230(b) of the Communications Act to support its exercise of ancillary jurisdiction to regulate Comcast's broadband Internet service. That provision was previously cited in FCC orders almost exclusively for its policy directive that the agency "preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services, unfettered by Federal or State regulation."
  • Irony abounds in this matter. The FCC relied principally on Section 230(b) of the Communications Act to support the exercise of its ancillary jurisdiction over Comcast's broadband Internet service. That provision charges the FCC with preserving "the vibrant and competitive free market that presently exists for the Internet and other interactive computer services, unfettered by Federal or State regulation." A reversal of course is indeed called for.
  • For certainty, the Court needs to clear up the underlying "Chevron" and related APA concerns. Who wants to take risk / invest when agencies can use their Chevron leeway to eviscerate the APA / procedural due process? That seems to me to be a paramount issue.

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