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Every time I see a picture of Ajit Pai, I want to kick him in Reese's cup.
In 2016, the US Circuit Court of Appeals upheld a lower court ruling in favor of the 2015 Network Neutrality Rules put in place by the Federal Communications Commission of the Obama administration. Several internet service providers have lodged a complaint with the US Supreme Court in the hope that the court will overturn the decision.
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On Monday, these same internet providers were probably very disappointed when the Supreme Court dismissed their appeal. As reported by NBC News, the Supreme Court ruling leaves the Circuit Court's ruling that the FCC acted legally when it put these rules in place.
This decision is particularly important given the current battle for the FCC to repeal these same rules in 2017. The Circuit Court's decision is at the root of several legal challenges to the FCC's repeal.
Gigi Sohn, a former FCC attorney who is now a member of the Georgetown Law Institute's Institute of Law, Technology and Policy, said in an email to NBC News: "The 2016 decision was without object and the Supreme Court had to strike it off the books. Now that the Supreme Court has refused to do so, the parties contesting the 2017 Network Neutrality Order may continue to invoke this 2016 decision, which reinforces their argument that the decision is not binding. the repeal of 2017 is against the law. "
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Jessica Rosenworcel is the only Democratic Commissioner of the FCC. She and former Commissioner Mignon Clyburn were very virulent advocates of internet neutrality (Clyburn quit her job eight years earlier this year). Rosenworcel on Monday called the decision "interesting" the Supreme Court on Twitter.
"It was not enough for that @ FCC back #NetNeutrality, "she wrote." She actually asked the Supreme Court to erase the story and delete an earlier court decision upholding open internet policies. the Supreme Court has refused to do so. "
"Let's call it interesting," added Rosenworcel.
FCC President Ajit Pai says the Obama era's protections were a form of "micro-management" of the Internet.
With the repeal of these protections by the FCC, the Federal Trade Commission has been put in a position to prevent anti-competitive behavior by Internet service providers. The new rules leave much room for ISPs to find ways to circumvent the application of the rules. The FTC can only take action against a company that undermines the trust of its customers. If a company discloses what it does (for example, signaling that it will block any content that does not belong to one of its affiliates), then everything will be clear. This bodes bad for consumers.
As such, many states have passed laws that form their own net neutrality rules. In addition, 21 states and the District of Columbia have filed a lawsuit against the FCC for its repeal of net neutrality rules.
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Judge Brett Kavanaugh, newly struck, did not take part in Monday's ruling because the appeal came from his former court.
Senator Ed Markey (D-Mass.) Called Monday's decision of victory.
In an e-mail to NBC, Markey said, "The public policy of the FCC is considered a law established by the courts, and that is what today's decision of the Supreme Court really means. This is a major victory for the Internet and all Americans who support strict rules of internet neutrality. "
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