Notice & Comment

Results for: "internet freedom"

Notice & Comment

D.C. Circuit Review – Reviewed: Sticky Regulations and N̶e̶t̶ ̶N̶e̶u̶t̶r̶a̶l̶i̶t̶y̶ Restoring Internet Freedom UPDATED

The D.C. Circuit today is in Utah! In about an hour, Judges Garland, Griffith, and Rao will visit BYU Law (where I teach) to judge the law school’s annual Rex E. Lee Moot Court Competition Finals. That doesn’t happen every day.* Because my day will be spent hosting, this post will be quick. But have […]

Notice & Comment

FCC’s “Final Agency Action” to Restore Internet Freedom Preempts State Net Neutrality Laws, by Seth L. Cooper

Pursuant to the Constitution’s Article VI Supremacy Clause, federal laws and regulations preempt conflicting state laws. But may state laws be preempted when they clash with a federal policy of nonregulation? The answer to that question may well determine whether the Federal Communications Commission’s 2018 Restoring Internet Freedom Order (RIF Order) preempts state net neutrality […]

Notice & Comment

Perspectives on the FCC’s Proposed Restoring Internet Freedom Order

The Free State Foundation has released a set of short, generally positive reactions to FCC Chairman Ajit Pai’s proposed Restoring Internet Freedom Order, which would undo the FCC’s net neutrality/open internet order. The contributors include Babette Boliek, Timothy Brennan, Michelle Connolly, Robert Crandall, Richard Epstein, Gus Hurwitz, Daniel Lyons, James Prieger, and Christopher Yoo. I also contributed a […]

Bulletin

But Facebook’s Not a Country: How to Interpret Human Rights Law for Social Media Companies

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Private social media companies regulate much more speech than any government does, and their platforms are being used to bring about serious harm. Yet companies govern largely on their own, and in secret.  To correct this, advocates have proposed that companies follow international human-rights law.  That law–by far the world’s best-known rules for governing speech–could improve […]

Notice & Comment

A Comment on Aaron Nielson’s Latest “Sticky Regulations” Article, by Randolph May

In his forthcoming Hastings Law Journal article, Sticky Regulations and Net Neutrality Restoring Internet Freedom, Aaron Nielson argues, correctly I think, that “[s]tickiness allows regulated parties to invest with greater confidence that they will be able to recoup their investment over the long run – which enhanced investment in turn better allows agencies to pursue […]

Notice & Comment

A Preemptive Grin Without the Statutory Cat?: Congressional Review Act Disapproval Resolutions & State Legislative Initiatives

The Congressional Review Act (“the CRA”)[1] establishes an expedited legislative process for preventing final agency rules from going into effect.  It provides a sixty-day period for Congress to adopt and the President to sign a resolution disapproving an agency rule.  5 U.S.C. §802(a).  If a disapproval resolution is adopted, the agency can neither “reissue [the […]

Notice & Comment

Implications of Mozilla for Agency Economic Analysis, by Jerry Ellig

The D.C. Circuit released its opinion in Mozilla v. FCC, which largely upheld the Federal Communications Commission’s (FCC’s) Restoring Internet Freedom order, on October 1, 2019. Much of the ensuing commentary and policy debate will no doubt center on the fact that the court upheld the substance of the order but struck down the provision […]

Notice & Comment

The Strange and Fascinating Save the Internet Act, by Daniel T. Deacon

The House of Representatives on Wednesday passed the Save the Internet Act of 2019.  In broad strokes, the bill would restore the Obama-era FCC’s order that classified Internet service providers as “telecommunications carriers” subject to regulation under Title II of the Communications Act and imposed a set of net neutrality rules on ISPs pursuant to […]

Bulletin

Give Gorsuch a 21st Century Litmus Test

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Introduction The United States Senate began confirmation hearings on March 20 to vet Neil Gorsuch, who was nominated to succeed the late Supreme Court Justice Antonin Scalia. Lawmakers are expected to apply litmus tests, probing him on issues such as abortion. They should also delve into his views on technology. As Wired’s political reporter Issie […]