Court case

[Commentary] The Restoring Internet Freedom order was a triumph of ideology over sense, sacrificing the interests of internet users and innovators on the altar of deregulatory purity. Some leading broadband providers, recognizing that they got more from the FCC than they’d bargained for, pledged never to use their newfound freedom to interfere online. But that’s not enough. Ideally, Congress would do something it should have done a decade ago: update federal communications law to give the FCC a mandate and clear authority to protect net neutrality.

Mozilla filed a petition in federal court in Washington, DC, against the Federal Communications Commission for its recent decision to overturn the 2015 Open Internet Order. It relies on the core principle of net neutrality (that all internet traffic be treated equally) to exist. If that principle is removed — with only some content and services available or with roadblocks inserted by ISPs to throttle or control certain services — the value and impact of that resource can be impaired or destroyed. Ending net neutrality could end the internet as we know it.

New America's Open Technology Institute became one of the first parties to challenge the Federal Communications Commission’s harmful order repealing the net neutrality rules by filing a protective petition for review in the DC Circuit. OTI filed the protective petition in an abundance of caution to ensure that, if a lottery is held determining the proper venue for the case at this stage, the DC Circuit is included in the selection process. 

The following statement can be attributed to Sarah Morris, Director of Open Internet Policy at the Open Technology Institute:

Public Knowledge filed a protective petition in the Court of Appeals for the DC Circuit to urge the court to review the Federal Communications Commission’s rollback of net neutrality rules. 

The following statement can be attributed to John Bergmayer, Senior Counsel at Public Knowledge:

Free Press filed a petition for review of the Federal Communications Commission’s unpopular Dec. 14 order that repealed the agency’s Net Neutrality rules and reversed the Title II “telecommunications services” classification of broadband-internet access. Free Press filed its challenge in the 1st Circuit Court of Appeals in Massachusetts, the state where the organization’s main office is based. As the papers submitted to the court make clear, today’s filing is preliminary and protective in nature. The FCC released its Net Neutrality decision on Jan. 4.

New York Attorney General Eric Schneiderman led a coalition of 22 Attorneys General in filing a multistate lawsuit to block the Federal Communications Commission’s illegal rollback of net neutrality.

The Supreme Court agreed to reconsider one of the most contentious issues in the business world: whether online retailers must collect sales taxes. By taking on a law passed by South Dakota's legislature for the express purpose of testing its legality, the court will return to an issue it addressed 25 and 50 years ago, before consumers did nearly 10% of their shopping on the internet.

Early signs suggest the legal fight over AT&T’s $85 billion Time Warner takeover will focus heavily on the small screen, drawing much of its evidence from the companies’ video rivals. Those competitors argue the telecom company will use Time Warner’s entertainment assets against them.

AT&T and Comcast have solidified a court victory over the metro government in Nashville (TN), nullifying a rule that was meant to help Google Fiber compete against the incumbent broadband providers. The case involved Nashville's "One Touch Make Ready" ordinance that was supposed to give Google Fiber and other new Internet service providers faster access to utility poles.

The fiercest advocates for network neutrality are readying a new war in the nation’s capital, hoping to restore the rules that the Trump administration just eliminated — and galvanize a new generation of younger, web-savvy voters in the process. Not even a month after the Federal Communications Commission voted to scrap its requirement that internet providers treat all web traffic equally, an armada of tech startups, consumer activists and state attorneys general are preparing to take the agency to court.