The public supports Net Neutrality
Craig Aaron: Thanks so much for having me back.
JJ: It would have been great for the court to push back against this Republican-led FCC ruling, which listeners will know went against the desires and demands of the vast majority of the public who commented. The agency went through all manner of shenanigans trying to distort that public comment, and then just ignored it; but it also went against common sense, and our knowledge about the role that the internet plays in our lives today.
CA: I’m certainly very disappointed in the outcome. But you can look at all 186 pages of this ruling. What it all essentially boils down to is, the court said, “This is up to the FCC. They’re the expert agency, and we defer. And in this case, we defer, no matter how misguided, ideologically motivated or devoid of facts the FCC’s approach was; it’s ultimately up to them. The Supreme Court precedent backs them up.”
This was the high bar for challengers to clear, and the judges, while questioning how much the internet has changed, while going out of their way to talk about a number of areas where the FCC really lacked evidence or strong arguments, ultimately said, “You’re the expert agency. This Court are not the experts and we defer to you,” which, somewhat ironically, and not very satisfying, was the same reason that the previous FCC prevailed in making strong net neutrality rules. And when the industry challenged, they said, “Nope, it’s up to the agency.”
So here we are again. And, of course, that means a future FCC could step in to restore real net neutrality, and actually get this right……… https://fair.org/home/the-public-is-clearly-on-the-side-of-net-neutrality/
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