Court case

Facebook has won the backing of European Union courts after the European Court of Justice dismissed a potential class action lawsuit from Austrian privacy activist Max Schrems.  The EU’s highest court ruled that Schrems — a dogged campaigner against Facebook’s handling of users’ personal data — could not bring a consumer lawsuit on behalf of 25,000 Facebook users for alleged privacy breaches. Instead, the ECJ said Schrems could only file an individual case against Facebook for allegedly illegally handling data relating to his personal Facebook account in Austria.

Prometheus Radio Project has filed suit against the Federal Communications Commission's recent decision to eliminate the newspaper-broadcast crossownership and loosen other broadcast regulations, saying the FCC "ignores evidence in the record, misinterprets evidence, and fails to consider important aspects of the record." Joined by the Media Mobilizing Project, Prometheus wants the court to reverse the decision and require the FCC to "fully comply" with the courts direction in remanding a previous Quadrennial decision after Prometheus challenged it. Prometheus argues that the Pai FCC also f

Can a federal court decide whether the White House is breaking presidential record-keeping laws, such as by using encrypted apps that automatically erase messages once they’re read or issuing executive orders to avoid creating a paper trail accessible to the public? Government attorneys told a federal judge in Washington that the answer is a sweeping “no,” in a case that could help determine whether open-government laws are keeping pace with frontiers in communications technology.

[Commentary] With each congressional office getting thousands of calls for Network Neutrality and close to zero supporting Federal Communications Commission Chairman Ajit Pai — and with Net Neutrality looking like a real issue in the 2018 elections — we’ve got a shot at passing the resolution. If you haven’t yet called your members of Congress, please do it now. And, yes, the president would need to sign this bill. I don’t want to get too far ahead of myself, so I’ll just say we welcome that fight.

[Commentary] The Restoring Internet Freedom order was a triumph of ideology over sense, sacrificing the interests of internet users and innovators on the altar of deregulatory purity. Some leading broadband providers, recognizing that they got more from the FCC than they’d bargained for, pledged never to use their newfound freedom to interfere online. But that’s not enough. Ideally, Congress would do something it should have done a decade ago: update federal communications law to give the FCC a mandate and clear authority to protect net neutrality.

Mozilla filed a petition in federal court in Washington, DC, against the Federal Communications Commission for its recent decision to overturn the 2015 Open Internet Order. It relies on the core principle of net neutrality (that all internet traffic be treated equally) to exist. If that principle is removed — with only some content and services available or with roadblocks inserted by ISPs to throttle or control certain services — the value and impact of that resource can be impaired or destroyed. Ending net neutrality could end the internet as we know it.

New America's Open Technology Institute became one of the first parties to challenge the Federal Communications Commission’s harmful order repealing the net neutrality rules by filing a protective petition for review in the DC Circuit. OTI filed the protective petition in an abundance of caution to ensure that, if a lottery is held determining the proper venue for the case at this stage, the DC Circuit is included in the selection process. 

The following statement can be attributed to Sarah Morris, Director of Open Internet Policy at the Open Technology Institute:

Public Knowledge filed a protective petition in the Court of Appeals for the DC Circuit to urge the court to review the Federal Communications Commission’s rollback of net neutrality rules. 

The following statement can be attributed to John Bergmayer, Senior Counsel at Public Knowledge:

Free Press filed a petition for review of the Federal Communications Commission’s unpopular Dec. 14 order that repealed the agency’s Net Neutrality rules and reversed the Title II “telecommunications services” classification of broadband-internet access. Free Press filed its challenge in the 1st Circuit Court of Appeals in Massachusetts, the state where the organization’s main office is based. As the papers submitted to the court make clear, today’s filing is preliminary and protective in nature. The FCC released its Net Neutrality decision on Jan. 4.

New York Attorney General Eric Schneiderman led a coalition of 22 Attorneys General in filing a multistate lawsuit to block the Federal Communications Commission’s illegal rollback of net neutrality.