Court case

Developments in telecommunications policy being made in the legal system.

Net neutrality kicks in next month, spawning small cable company fears

The Federal Communications Commission’s net neutrality rules will go into effect July 22, unless the Sixth Circuit Court of Appeals places a stay on the rules. Several different groups have filed lawsuits, claiming that the FCC broke the law when it decided to reclassify broadband providers under Title II of the Communications Act.

FCC’s $8 Billion Phone Subsidy Survives Supreme Court Challenge

The US Supreme Court declined to question the $8 billion annual subsidy that helps cover the cost of telecom services for poor people and residents of rural areas, turning away two appeals that sought to rein in federal regulatory power.

FCC Files Motion to Move Net Neutrality Appeal to DC Circuit

In a series of orders beginning in 2005, the Federal Communications Commission has acted to promote the widespread deployment of broadband networks that are open, affordable, and accessible to all. Four of these previous orders have been reviewed by the D.C. Circuit; the challenge to a fifth order is currently pending (but in abeyance) there as well.  The D.C. Circuit has approved aspects of the FCC’s orders but disagreed with others—on several occasions remanding to the FCC for further action or additional deliberation. Thus, for more than a decade, the D.C.

The Internet and the First Amendment

How should we balance freedom of speech with the flood of slanderous statements, extremist manifestoes and conspiracy theories that proliferate on the internet? The United States decided decades ago to let private companies solve that quandary themselves. The Supreme Court made this position official in three major rulings in the 1990s and early 2000s. But lawmakers aren’t sure about this arrangement, now that giant online platforms are the new town square. A series of federal court cases will address these questions. Courts have faced six broad questions about online speech:

ISPs seek halt of net neutrality rules before they take effect

As expected, broadband industry lobby groups have sued the Federal Communications Commission in an attempt to nullify net neutrality rules that prohibit blocking, throttling, and paid prioritization. Lobby groups representing cable, telecom, and mobile Internet service providers sued the FCC in several US appeals courts.

Broadband Providers Battle FCC Over New Data Breach Rules

Broadband industry groups are asking a federal appeals court to scuttle the Federal Communications Commission's new disclosure obligations on telecommunications companies that suffer data breaches. The agency specifically required companies to notify consumers, federal law enforcement agencies and the agency about all breaches—even “inadvertent” ones—that expose personally identifiable information, including sensitive financial information. The broadband lobbying groups argue that Congress stripped the FCC of authority to issue the new regulations.

AT&T paid bribes to get two major pieces of legislation passed, US government says

The US government has provided more detail on how a former AT&T executive allegedly bribed a powerful state lawmaker's ally in order to obtain legislation favorable to AT&T's business. Former AT&T Illinois President Paul La Schiazza is set to go on trial in September 2024 after being indicted on charges of conspiracy to unlawfully influence then-Illinois House Speaker Michael Madigan (D).

Google suing Canadian Radio-television and Telecommunications Commission to have YouTube video ad revenue exempted from regulatory fees

Google is taking Canada's broadcasting regulator to court, arguing "significant" revenue it earns from advertisements on YouTube videos shouldn't be considered when it comes to the regulatory fees it owes the Canadian Radio-television and Telecommunications Commission (CRTC). In an application filed in the Federal Court of Canada on April 24, Google says those revenues come from user-generated content, which it argues should be excluded from fee calculations because of exemptions in the Broadcasting Act. But the tech giant says that after submitting a form to the regulator which outlined it

Meta Seeks Do-Over In Battle With Advertisers Over Inflated Metrics

Meta Platforms is urging a federal appellate court to reconsider a recent 2-1 decision allowing Facebook and Instagram advertisers to proceed with a class-action fraud lawsuit over inflated metrics.

TikTok files court challenge to US law that could lead to ban

TikTok and its parent company ByteDance challenged the US government in a legal filing on May 7 over a new law forcing the sale or ban of the social media giant, igniting a high-stakes court battle in Washington that could prove to be an existential fight for one of the world’s most popular apps. President Biden signed a law in April demanding that China-based ByteDance sell TikTok within a year or be banned across the United States, arguing that the Chinese government c