Mozilla wins lawsuit against FCC. States allowed rights to set net neutrality laws

30 comments

  1. evanFFTF

    |Author

    This headline is a bit misleading. It’s totally great news that the court struck down the FCC’s attempt to pre-empt state level net neutrality laws like the awesome bill that passed in California. But the decision largely upheld Ajit Pai’s repeal of net neutrality, mostly because the court gives broad deference to Federal agencies. That’s also good news in the longterm because it means that a future FCC chair can more or less easily undo what Ajit Pai did, but it’s not really correct to say that we “won” the lawsuit. It’s a mixed bag. It changes the battlefield ahead, but in the end we just need to keep on pushing for Congress to pass the Save the Internet Act, more states to pass bills like SB 822, and for whoever the next President is to appoint FCC commissioners who are not shills for the telecom industry. Disclosure: i work for Fight for the Future, a non-profit that fights for net neutrality among other things

  2. slayer991

    |Author

    I HATE that Net Neutrality is a necessary evil. In a healthy market, Net Neutrality wouldn’t be necessary.

    The real issue is a lack of competition which is exacerbated at the state and local levels. Hopefully, these states can stop the shenanigans (red tape, fighting for access, etc) that drove google out of the market (or laws that prevent municipal broadband).

  3. mraun

    |Author

    Don’t forget you can pick EFF as your charity of choice when shopping on smile.amazon.com. It doesn’t cost more for your order, you just need to do your shopping from the smile version of the site.

  4. VoteDawkins2020

    |Author

    I’m running for state office in NC, and unfortunately if they could make it Net Chaotic Evil, they would do it.

    The NCGOP in charge right now bends over for corporations at every turn, and even helped them scuttle some attempts at municipal and region wide fiber internet to protect the monopoly ISP’s.

    I hope there is a Blue Wave in NC and myself, along with my other new progressive Dem colleagues can institute statewide Net Neutrality.

  5. I can just picture Ajit Pai sitting at his desk, throwing a temper tantrum like some toddler whose mother told him he can’t have any candy.

    Then his secretary walks in and says “Mr. Pai? The CEO from Comcast is on the phone for you. He says it’s rather…*urgent*.”

  6. twiddlingbits

    |Author

    Don’t celebrate yet, this has a long way to go. The outcome of this case is not final. If you read the opinion you will see this was only 3 judges of the DC Fed. District Court of Appeals, the defendant can and likely will ask for the full court to consider it, that can change the outcome. The issue may rise as far as the Supreme Court, whose past decisions lower courts are bound to follow, but who do not take every case presented. So stay tuned, this is not at all settled. In fact, the USSC for many decades largely affirmed that Federal trumps State and local policies when the policy domain is clearly within the authority of the Federal Government. Interstate commerce which is the domain under which this scenario falls is clearly the domain of the Federal except where it has delegated those powers to the States.
    I am not a fan of the FCC ruling but it is likely it will stand when it gets to the USSC. The policy is badly written and has some severe shortcomings as pointed out in the article but that does not mean it would be totally dismissed by any court, and this court also took that stance only (tentatively) revoking certain parts. And only then it seems to preempt future legal state v Federal battles. Is that really adequate rationale is something a higher court may revisit.

    If the challenge to the USSC is the premise that it should be classified as telecommunications and not Information services so that it falls outside the domain of the FCC that is an uphill battle as the carriers themselves have really blurred that line and in many cases crossed it either by design or inadvertently by acquiring other companies and technology. You cannot have it both ways. We the consumer ultimately are affected but even while the EFF, Mozilla and a lot of state AGs dislike the rules doesn’t mean the USSC will agree.

  7. Jimbobthon

    |Author

    Try to use Firefox as best as possible, for some reason it partially works on the office systems, but can’t access external websites. And IT refuse to budge, saying to use Chrome or Edge.

    I use Firefox on mobile and my laptop at home, so at least i’m trying on my own time.

  8. juloxx

    |Author

    Do not let the same fate that happened to the radio happen to the internet

    ​

    De-regulation of radio completely destroyed it and made it so every radio station plays the same cookie-cutter bullshit, because its all owned by the same people. **** that noise

  9. cavitycreep

    |Author

    I thought that the court decided that FCC can’t pass regulations that will act as a blanket pre-emption for all states; they can still write pre-emptions on a per-state basis.

  10. tinny123

    |Author

    Please donate to Mozilla ,the Electronic Frontier Foundation and the Free Software Foundation whenever and however often u can. They are looking out for consumers and a healthy internet ecosystem. Switching to Firefox web browser helps as well. Its awesome !

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