Democracy & Technology Blog Internet regulation faces hurdles

The Federal Communications Commission acted to regulate the Internet by a partisan 3-2 vote. Senate Republican Leader Mitch McConnell warned that there will be pushback.

Meanwhile, the courts get another chance to jurisdictional limits on the FCC. Legally, the agency is on shaky ground. The U.S. Court of Appeals for the D.C. Circuit recently ruled that there are significant limitations on the agency’s jurisdiction to regulate broadband services.
Rumors indicate the commission is planning to assert jurisdiction on the basis of somewhat obscure statutory provisions which predate the Internet as we know it, and that were drafted for unrelated purposes.

Hance Haney

Director and Senior Fellow of the Technology & Democracy Project
Hance Haney served as Director and Senior Fellow of the Technology & Democracy Project at the Discovery Institute, in Washington, D.C. Haney spent ten years as an aide to former Senator Bob Packwood (OR), and advised him in his capacity as chairman of the Senate Communications Subcommittee during the deliberations leading to the Telecommunications Act of 1996. He subsequently held various positions with the United States Telecom Association and Qwest Communications. He earned a B.A. in history from Willamette University and a J.D. from Lewis and Clark Law School in Portland, Oregon.