A Report From the Frontlines of the Net Neutrality Litigation

Reasonable. You keep using that word. I do not think it means what you think it means. In March of 2018, CDT filed a legal challenge to the FCC’s “Restoring Internet Freedom” (RIF) order in which the FCC removed all of the net neutrality rules it had put in place in 2015. The Commission also reclassified broadband internet access services (BIAS) as an “information service” subject to the weaker regulatory authority Title I of the Communications Act and disavowed the remaining sources of its own authority to implement such rules at all. Instead, the FCC now relies solely on a weakened transparency requirement and market forces to ensure that ISPs refrain from leveraging their gatekeeper positions on the internet to control customers’ access to the internet or to exert influence on providers of online services. We challenged the RIF’s rule repeal for 4 reasons. First, CDT has advocated for effective protections for an open internet for…

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