Court case

Most critiques of the nomination of Judge Brett Kavanaugh, President Donald Trump’s nominee to replace Justice Anthony Kennedy on the Supreme Court, focus on his positions on a woman’s right to choose, his extreme deference to presidential power, or his views on sensible gun laws.

The Senate formally kicks off the confirmation battle over Supreme Court nominee Brett Kavanaugh with lawmakers poised to grill the judge for several days on a host of issues. Key among them for the tech and telecom crowd: Kavanaugh’s dissenting opinion in a 2017 ruling that upheld the Obama-era net neutrality rules.

President Donald Trump unblocked some additional Twitter users after a federal judge in May said preventing people from following him violated individuals constitutional rights.  US District Judge Naomi Reice Buchwald in Manhattan ruled on May 23 that comments on the president’s account, and those of other government officials, were public forums and that blocking Twitter users for their views violated their right to free speech under the First Amendment of the US Constitution.

A federal appeals court has upheld the majority of the Federal Communications Commission's 2017 Business Data Services (BDS) revamp. The NCTA--The Internet & Television Association had backed the BDS remake under FCC Chairman Ajit Pai, who had not supported the previous approach adopted under Chairman Tom Wheeler.

Sen Ed Markey (D-MA), Rep Anna Eshoo (D-CA), 27 senators, and 76 representatives filed an Amicus Brief with the DC Circuit Court of Appeals challenging the Federal Communication Commission’s December 2017 decision to eliminate network neutrality rules. The FCC’s decision repealed the 2015 Open Internet rules, which categorized broadband internet access as a telecommunications service and prohibited Internet Service Providers (ISPs) from engaging in discriminatory practices, such as blocking or throttling online content and establishing internet fast and slow lanes.   

Federal Communications Commission Chairman Ajit Pai issued the following statement regarding Aug 28's ruling from the Eighth Circuit, which upheld the FCC’s decision to remove onerous regulations on certain business data services in competitive markets: "It’s a good day for forward-thinking regulation. Here’s why: Last year, based on a thorough analysis of a massive amount of data, the Commission adopted a ‘competitive market test’ to determine where regulation of business data services was still needed and where it would impede investment, innovation, and competition.

Network neutrality activists have gotten together to fight the nomination of Judge Brett Kavanaugh to the Supreme Court, saying he would put the wishes of big cable and big telecom over the interests of the public. Free Press, Public Knowledge, Fight for the Future, Demand Progress and 20 others have sent a letter to the Senate in opposition. His Senate nomination hearings--in the Judiciary Committee--are scheduled to begin Sept 4, although Democrats are trying to delay them, partly in hopes of regaining the Senate and blocking the nomination themselves. 

Verizon slowing California firefighters’ data speeds during a wildfire crisis, but was quick to say, “This situation has nothing to do with net neutrality or the current proceeding in court.” Verizon was throttling “unlimited” customers in less extreme circumstances who hit certain data thresholds well before the Federal Communications Commission repealed net neutrality rules in 2017. But under the rules adopted in 2015, customers had a path to complain to the FCC when they believed throttling was unfair.

After a long pre-season in which little else happened other than setting a schedule and format for briefing, August 20, 2018 was Opening Day for the litigation appealing the Federal Communications Commission’s December 2017 network neutrality decision. Two groups of challengers (technically referred to as “petitioners”) filed their briefs Monday evening in the US Court of Appeals for the District of Columbia Circuit.

Attorneys general representing 22 states and the District of Columbia asked a federal court to reinstate network neutrality, saying the Federal Communications Commission failed to properly consider the issues when removing the policy in 2017. In a brief filed Aug 20, the attorneys general argue that the FCC’s decision “will cause [inevitable harms] to consumers, public safety, and existing regulatory schemes” and that the commission “entirely ignored many of these issues” when overturning net neutrality.