The US International Trade Commission does not have authority over the Internet, according to Federal Circuit

The US Court of Appeals for the Federal Circuit ruled that the United States International Trade Commission does not have the authority to regulate information on the Internet, blocking what many advocates saw as a major threat to the open web.

"The Commission’s decision to expand the scope of its jurisdiction to include electronic transmissions of digital data runs counter to the 'unambiguously expressed intent of Congress,' Judge Prost wrote, referencing an earlier ruling on Chevron v. NRDC. "We recognize, of course, that electronic transmissions have some physical properties — for example an electron’s invariant mass is a known quantity — but common sense dictates that there is a fundamental difference between electronic transmissions and 'material things,'" the ruling continues. "Our analysis is therefore complete." In short, you can't use laws over physical exports to manage digital goods: case closed.

The ruling has already been applauded open-internet advocacy groups, many of whom filed briefs in the case. "This decision is a big win for the open Internet," said Public Knowledge. "By rejecting the ITC's attempt to expand its jurisdiction, the Federal Circuit helps to ensure that Internet users have unfettered access to the free flow of information that has proved so useful for innovation and free expression."