Developments in telecommunications policy being made in the legal system.
Court case
FCC must defend net neutrality repeal in court against dozens of litigants
Twelve lawsuits filed against the Federal Communications Commission over its network neutrality repeal have been consolidated into one suit that will be heard at a federal appeals court in California. The 12 lawsuits were filed by more than three dozen entities, including state attorneys general, consumer advocacy groups, and tech companies. Here's a list of who filed the 12 lawsuits against the FCC:
Where the net neutrality fight stands
Lawsuits looking to strike down the Federal Communications Commission's repeal of its own network neutrality rules will be heard in the US Court of Appeals for the Ninth Circuit. Unless they don't. Some or all of the plaintiffs could push to move the arguments to the DC Circuit, where the case against the net neutrality rules was litigated. The lottery to decide the location of the court arguments was the result of lawsuits filed against the FCC in different jurisdictions.
US Ninth Circuit Court in San Francisco will hear net neutrality case
The US Judicial Panel on Multidistrict Litigation randomly selected the United States Court of Appeals for the Ninth Circuit to hear the consolidated challenges to the Federal Communications Commission's repeal of net neutrality rules. A dozen challenges [including one filed by the Benton Foundation] have been filed by 22 state attorneys general, public interest groups, internet companies, a California county and the state’s Public Utilities Commission seeking to block the Trump administration’s repeal of landmark rules designed to ensure a free and open internet from taking effect
Judge to President Trump: Muting, not blocking followers, may end suit
A judge recommended that President Donald Trump mute rather than block some of his critics from following him on Twitter to resolve a First Amendment lawsuit. US District Judge Naomi Reice Buchwald suggested a settlement as the preferred outcome after hearing lawyers argue whether it’s constitutional for Trump to block some followers. “Isn’t the answer he just mutes the person he finds personally offensive?” she asked.
Trump Administration Joins States in Push to Expand Online Sales-Tax Collections
The Trump administration urged the Supreme Court to expand states’ authority to collect sales tax on internet transactions, joining a chorus of state officials seeking to overrule a 1992 precedent exempting many online retailers from having to add taxes to a consumer’s final price. In 1992, the justices “did not and could not anticipate the development of modern e-commerce,” Solicitor General Noel Francisco wrote in a friend-of the-court brief.
Six tech companies filing net neutrality lawsuit
Six technology companies including Kickstarter, Foursquare and Etsy have launched a lawsuit against the Federal Communications Commission in an effort to preserve network neutrality rules. The companies, which also include Shutterstock, Expa and Automattic, filed their petition with the US Court of Appeals for the District of Columbia Circuit. The suit is being filed on behalf of the companies that are part of the Coalition for Internet Openness, which is an organization committed to preserving the openness, speed and accessibility of the internet for all Americans.
Charter appeals court loss, still claims it can’t be punished for slow speeds
Charter Communications is appealing a court ruling that said the ISP must face a lawsuit alleging the company falsely promised fast Internet speeds that Charter knew it could not deliver. Charter claims that federal regulations, including the recent repeal of net neutrality rules, preempts the lawsuit filed by New York Attorney General Eric Schneiderman against Charter and its Time Warner Cable (TWC) subsidiary in February 2017. The New York Supreme Court rejected Charter's motion to dismiss the case on February 16, but Charter is appealing the decision in a state appellate court.
Ohio V. American Express: Do Monopoly Platforms Deserve Special Treatment Under Antitrust?
[Commentary] The Supreme Court heard oral arguments in a pivotal antitrust case involving American Express (“AmEx”). The decision could have a profound impact on the way platform-based companies such as Google and AmEx will be treated under the law. Some of the Court's questioning was truly impressive, showing knowledge of both economics and the inner workings of credit card markets. Other questions? Not so much. Before pointing out the uneconomic utterances, let’s quickly review the case. Credit card companies make money two ways.
FTC’s Data-Speed Lawsuit Against AT&T Can Proceed, Appeals Court Says
A federal appeals court ruled the Federal Trade Commission can move forward with its lawsuit alleging AT&T misled wireless subscribers by reducing data speeds for several million customers who thought they had purchased unlimited plans. The ruling by the Ninth US Circuit Court of Appeals is a notable win for the FTC because it restores the agency’s regulatory authority over large internet service providers.
Supreme Court to hear Microsoft case: A question of law and borders
The Supreme Court is set to hear a case that could have far-reaching implications for law enforcement access to digital data and for US companies that store customer emails in servers overseas. What began as a challenge by tech giant Microsoft to a routine search warrant for a suspected drug dealer’s emails has become a marquee case over data access in the Internet age. At issue is whether a US company must comply with a court order to turn over emails, even if they are held abroad — in this case in a Dublin server.