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Submitted by Scott Cleland on Wed, 2015-05-27 10:05
The FCC brief unwittingly: exposed a glaring internal inconsistency with the FCC’s Open Internet Order; spotlighted its arbitrary and capricious decision-making; and exposed a big mistake in its legal strategy.
If the D.C. Circuit Court of Appeals panel rules on the legal merits of the industry’s petition, it remains very likely they will grant a partial stay of the Title II reclassification part of the FCC’s Open Internet Order.
Submitted by Scott Cleland on Thu, 2015-05-14 15:38
Based on the latest best arguments this week from both the FCC and broadband petitioners, the D.C. Circuit Court of Appeals is very likely to partially stay the FCC Open Internet Order’s reclassification of broadband as a Title II service and imposition of a new Internet conduct standard -- in the coming weeks.
Submitted by Scott Cleland on Mon, 2015-05-04 19:15
In the coming weeks, expect the D.C. Court of Appeals or the Supreme Court to grant a partial stay, of only the FCC’s Title II reclassification of broadband and its new “Internet conduct standard” (not the FCC’s net neutrality prohibitions of blocking, throttling or paid prioritization), even though stay requests normally have a low probability of success, because petitioners must convince the court that they are likely to win on the merits and that the opposed action will cause irreparable harm.
Submitted by Scott Cleland on Mon, 2015-04-27 10:01
Will the FCC create an Internet “Do Not Track” list like the FTC created the “Do Not Call” list enjoyed by three quarters of Americans?
In ruling the Internet to be subject to common carrier consumer protection law, the Obama FCC’s recently passed Open Internet Order applied common carrier privacy law (Section 222) to Internet telecommunications as part of the FCC’s unilateral efforts to modernize communications law for the 21st century.
The Obama FCC’s Open Internet Order also ruled that the Internet now encompasses the Public Switched Telephone Network (PSTN) and that an IP address is the functional equivalent of a telephone number.
Thus, logically it could follow that information that’s considered legally private in the telephone world now could be considered legally private in the Internet world.
This central consumer protection question should come up this week as the FCC hosts a Section 222 public workshop to explore the FCC’s “role in protecting the privacy of consumers who use” the Internet.
What is Section 222?
It is a common carrier provision of the Communications Act entitled “Privacy of Customer Information.”
Submitted by Scott Cleland on Fri, 2015-04-24 11:10
The US-EU “competition” of protectionist digital industrial policies -- U.S. Title II net neutrality vs. the EU’s emerging “platform neutrality” plans -- creates an ironic backdrop to negotiations for the US-EU Transatlantic Trade and Investment Partnership (TTIP) “free” trade agreement. Heightening the irony, the Obama Administration, not the European Commission, has been the protectionist digital industrial policy leader, trailblazing the political path for the EU’s Single Digital Market to follow.
At least on the digital markets front, TTIP will be much less a commercial “free” trade negotiation and much more a political “fair” trade negotiation.
The U.S. has long set the tone and trajectory for this digital “fair” trade dynamic in championing net neutrality to protect its Silicon Valley national champions, Google, Facebook, Amazon, Apple, Netflix, etc., and by skewing antitrust enforcement to benefit Google and Silicon Valley.
Submitted by Scott Cleland on Thu, 2015-03-26 10:54
Please read my latest Daily Callerop-ed entitled: “Unnecessary Collateral Damage from FCC Title II Internet Regulation.”
It explains why collateral damage will begin to pile up because the FCC’s Title II Internet regulation is so destructive and unnecessary.
FCC Open Internet Order Series
Part 1: The Many Vulnerabilities of an Open Internet [9-24-09]
Submitted by Scott Cleland on Wed, 2015-03-25 16:52
How Consumers, Innovation & Business Will be Collateral Damage of FCC's
Date: March 26, 2015
Location: House Rayburn Building 2218
Time: 2:00 PM - 3:30 PM
Moderator: Scott Cleland, NetCompetition
Submitted by Scott Cleland on Wed, 2015-03-11 11:04
On February 26th, the FCC executed President Obama’s call to “implement the strongest possible rules” to regulate the Internet as a telephone utility under “Title II” of the Telecommunications Act.
Legally, the result of this “reclassification” was for President Obama and the FCC to assert regulatory jurisdiction over the Internet ecosystem, creating a de facto American “Digital [Internet] Single Market” industrial policy, like the European Commission is in the process of creating for the European Union.
Legally, America now has a single digital telecommunications/Internet market/ecosystem because the FCC is effectively reclassifying Internet traffic as Title II telecommunications and Title II is a holistic, end-to-end, 1934 regulatory regime designed for the FCC to decide most everything in the assumed monopoly telecommunications ecosystem from originating and terminating local access, long distance, phone and network equipment manufacturing, directories, etc.
Submitted by Scott Cleland on Mon, 2015-03-02 21:51
Link to full White Paper -- here.
The FCC’s Open Internet Order, which reclassified the commercial Internet as a Title II utility, is very likely (80%) in the end, to be overturned in court – for a third time.
The FCC’s legal theory and many core assumptions are so aggressive, it’s clear that the FCC expects, and needs, continual and maximal deference from the court to prevail. The FCC also requires the courts to view the FCC’s most aggressive assertion of unbounded authority ever, as a mere administrative interpretation of ambiguous law, and not a political bypass of Congress and the 1996 Telecom Act.
Submitted by Scott Cleland on Thu, 2015-02-26 13:44
FOR IMMEDIATE RELEASE
February 26, 2015
Contact: Scott Cleland 703-217-2407
Strike Three in Court? FCC’s Rube Goldberg Legal Theory is Contrived, Arbitrary & Unbounded