this post was submitted on 10 Oct 2023
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Net neutrality’s court fate depends on whether broadband is “telecommunications”::We dig deep into how Supreme Court's "major questions doctrine" could affect FCC.

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[–] cmbabul@lemmy.world 46 points 1 year ago (1 children)

In what world could it not be considered some form of telecommunications

[–] lolcatnip@reddthat.com 28 points 1 year ago

MAGA world.

[–] redders@lemmy.world 26 points 1 year ago

Sounds like anyone using third party DNS has a telecommunications provider.

Anyone using ISP DNS has an information service provider...

[–] ItsMeForRealNow@lemmy.world 10 points 1 year ago

It 100% is. All the technology used is essentially the same as ones used for telephonic telecommunications. Including the electromagnetic spectrum - visible light in fiber optic cables in a pineapple under the sea.

[–] thelastknowngod@lemm.ee 8 points 1 year ago

My eyes rolled back in my head so hard I gave myself a concussion.

[–] autotldr@lemmings.world 5 points 1 year ago

This is the best summary I could come up with:


With the Federal Communications Commission preparing to reimpose net neutrality rules and common-carrier regulation on Internet service providers, the broadband industry is almost certain to sue the FCC once the decision is made.

Federal appeals courts upheld previous FCC decisions on whether to apply common carrier rules to broadband, a fact that current agency officials point to in their plan to revive Obama-era regulation of ISPs under Title II.

But some legal commentators claim the FCC is doomed to fail this time because of the Supreme Court's evolving approach on whether federal agencies can decide "major questions" without explicit instructions from Congress.

It would be folly for the Commission and Congress to assume otherwise," two former Obama administration solicitors general, Donald Verrilli, Jr. and Ian Heath Gershengorn, argued in a white paper last month.

The certainty expressed by Verrilli and Gershengorn is less surprising when you consider that their white paper was funded by USTelecom and NCTA–The Internet & Television Association, two broadband industry trade groups that sued the Obama-era FCC in a failed attempt to overturn the net neutrality rules.

The FCC's Notice of Proposed Rulemaking (NPRM), which is pending a commission vote, will seek public comment on how the major questions doctrine might affect Title II regulation and net neutrality rules that would prohibit blocking, throttling, and paid prioritization.


The original article contains 795 words, the summary contains 221 words. Saved 72%. I'm a bot and I'm open source!

[–] Ddhuud@lemmy.world 3 points 1 year ago* (last edited 1 year ago) (1 children)

Am I in the same room as all of you guys? Speak up, who of you ate the last Oreo?

[–] Toes@ani.social 2 points 1 year ago

It was so good

[–] Sooperstition@lemmy.one 1 points 1 year ago

We know it’s gonna be some bullshit if the major questions doctrine is being rolled out.

TL;DR right-wing judges made this up to strike down presidential actions they don’t like. Conveniently, there’s no real test for what a major question is.

https://en.m.wikipedia.org/wiki/Major_questions_doctrine#:~:text=The%20major%20questions%20doctrine%20is,major%20political%20or%20economic%20significance.