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babylonsister

(170,960 posts)
Tue Sep 4, 2018, 10:51 AM Sep 2018

Here's Why Kavanaugh Could Be Bad News for the Internet, Too

https://www.motherjones.com/politics/2018/09/heres-why-kavanaugh-could-be-bad-news-for-the-internet-too/

Here’s Why Kavanaugh Could Be Bad News for the Internet, Too
“Make no mistake Judge Kavanaugh would cripple net neutrality… for decades to come.”
Tonya Riley
Sep. 4, 2018 6:00 AM


Democrats worry Kavanaugh will side with the First Amendment rights of companies over those of consumers.

Next week, Democrats will question Supreme Court nominee Brett Kavanaugh during confirmation hearings held by the Senate Judiciary committee, and Kavanaugh’s potential influence on the future of net neutrality will almost certainly be a topic of discussion.

“Make no mistake Judge Kavanaugh would cripple net neutrality… for decades to come,” Sen. Richard Blumenthal (D-N.Y.) told reporters on a press call last Tuesday. “Even if Congress decided to act on the subject of net neutrality, Judge Kavanaugh would still view it in violation of the Constitution.”


Kavanaugh’ record on net neutrality goes back to 2016, when he was a judge in the US Court of Appeals for the DC Circuit. At that time, the court ruled to uphold the Federal Communications Commission’s 2015 Open Internet Order, which instated net neutrality regulations prohibiting internet service providers from throttling internet speed based on content. In the case United States Telecom Association v. Federal Communications Commission, the court rejected the plaintiffs’ arguments that ISPs were immune from the common carrier laws that phone companies are subject to in order to prevent content discrimination. A petition to appeal the decision was denied by the same court in May 2017. In his dissent from the majority, Kavanaugh argued that “President Obama pressured the FCC to do it,” and that such presidential interference nullified the order. His main argument rested on two points: that the FCC lacked authorization from Congress to regulate net neutrality and that to do so would violate the First Amendment rights of internet service providers.

“The legal analysis is straightforward: If the Supreme Court’s major rules doctrine means what it says, then the net neutrality rule is unlawful because Congress has not clearly authorized the FCC to issue this major rule,” Kavanaugh writes. “Net neutrality rule is unlawful because the rule impermissibly infringes on the Internet service providers’ editorial discretion.”


snip//

In May, the Senate voted 52-47 on a joint resolution to restore net neutrality using Congressional Review. But Democratic lawmakers still see Kavanaugh’s views as a threat, especially as the effort to push through legislation to reinstate net neutrality regulation struggles to gain traction in the House. Even if a midterm swing cleared a path for the bill, Kavanaugh could pose a threat in the future.

“I think the answer is yes—to the extent that Judge Kavanaugh thinks that imposing this obligation on ISP violates the First Amendment, that would limit the ability of Congress to update the Telecommunications Act to give the FCC the ability to regulate net neutrality,” says Narechania.
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Here's Why Kavanaugh Could Be Bad News for the Internet, Too (Original Post) babylonsister Sep 2018 OP
States are getting net neutrality on their own, e.g., CA...I am not sure how ... SWBTATTReg Sep 2018 #1

SWBTATTReg

(21,856 posts)
1. States are getting net neutrality on their own, e.g., CA...I am not sure how ...
Tue Sep 4, 2018, 10:56 AM
Sep 2018

regulated CA traffic, originating in CA would be impacted if CA traffic terminated in a non-CA state, in short, the FCC rules would step in somehow...

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