Court case

Developments in telecommunications policy being made in the legal system.

Another New Beginning for Net Neutrality

Finally, after months of anticipation, the United States Court of Appeals for the District of Columbia Circuit released its decision in the latest net neutrality case. The court has tied the issue up in a nice bow and we can all stop worrying and arguing over it now. Let's turn our attention to playoff baseball!  If only. In the hours and days since the D.C.

European Court of Justice backs global takedown of Facebook content

The European Court of Justice (ECJ) ruled that European Union courts can demand Facebook actively monitor and delete illegal material such as hate speech. The court said there is nothing in EU current law stopping Facebook from searching and deleting duplicate posts of content that has been declared illegal. The court said the searches and deletion can be done in the EU but also worldwide should national courts demand it.

Why Ajit Pai’s “unhinged” net neutrality repeal was upheld by judges

The Federal Communications Commission has mostly defeated net neutrality supporters in court even though judges expressed skepticism about FCC Chairman Ajit Pai's justification for repealing net neutrality rules.

California Will Have an Open Internet

At present, 34 states (and the District of Columbia) have introduced some kind of open internet legislation.

Members of Congress Respond to Net Neutrality Decision

House Commerce Committee Chairman Frank Pallone, Jr. (D-NJ) and Communications Subcommittee Chairman Mike Doyle (D-PA): “The Trump Administration’s decision to abandon net neutrality continues to harm consumers and small businesses, leaving a few large corporations in control of an essential component of modern life.  In April, the House passed the Save the Internet Act to restore basic consumer protections online and preserve a free and open Internet.

FCC Commissioners Reaction to Net Neutrality Decision

FCC Chairman Ajit Pai: "Today’s decision is a victory for consumers, broadband deployment, and the free and open Internet. The court affirmed the FCC’s decision to repeal 1930s utility-style regulation of the Internet imposed by the prior Administration. The court also upheld our robust transparency rule so that consumers can be fully informed about their online options. Since we adopted the Restoring Internet Freedom Order, consumers have seen 40% faster speeds and millions more Americans have gained access to the Internet.

More Reaction to Net Neutrality Decision

Gigi Sohn, Distinguished Fellow at the Georgetown Law Institute for Technology Law & Policy and a Benton Institute for Broadband & Society Senior Fellow & Public Advocate:  "The DC Circuit Court has spoken very clearly --  the states are now free to do what the FCC will not –- assert authority over the broadband market and protect an open Internet. Broadband providers will inevitably complain about having to comply with a so-called 'patchwork' of different state laws, but that is of their own making.

Morgantown (WV) Settles Internet Service Provider Lawsuit

The city of Morgantown (WV) and DBI Networks LLC, doing business as ClearFiber, have reached a settlement in the lawsuit filed on June 4 by the fiber-optic Internet service provider. The suit, which was filed in US District Court, accused the city denying access to public rights-of-way by refusing to issue a license agreement, resulting in prohibition of service, bar to entry, discriminatory management of public rights of way, and a violation of due process.

FCC Commissioners Respond to Media-Ownership Ruling

“For more than twenty years," said Federal Communicatuions Commission Chairman Ajit Pai, "Congress has instructed the Federal Communications Commission to review its media ownership regulations and revise or repeal those rules that are no longer necessary. But for the last fifteen years, a majority of the same Third Circuit panel has taken that authority for themselves, blocking any attempt to modernize these regulations to match the obvious realities of the modern media marketplace.

Once Again, Court Overturns FCC Changes in Media-Ownership Rules

The Third US Circuit Court of Appeals threw out changes to broadcast media ownership rules approved by the Federal Communications Commission in 2017, saying the agency should have looked more closely at potential impacts on minority ownership. The court  said it agreed with public-interest groups that “the Commission did not adequately consider the effect its sweeping rule changes will have on ownership of broadcast media by women and racial minorities.” The court will vacate and remand “the bulk of” the FCC’s actions over the last three years for further consideration by the agency.