Washington, D.C., April 13, 2015 – Fred Campbell, Director of the Center for Boundless Innovation in Technology, released the following statement regarding the official publication of the Federal Communications Commission order on net neutrality in the Federal Register, which starts the clock on filings for judicial review:
“The irony of the decision to reclassify the Internet as the telephone network is that it dramatically weakened the legal case for regulations to protect the open Internet. The FCC’s rationale for reclassification is a tour de force of fallacious reasoning and novel theories that will have judges scratching their heads.
The agency faces an uphill battle in defending its legal case given its consistent refusal to provide the public with an opportunity to comment on its novel theories compounded by unusual White House political involvement throughout the agency’s regulatory deliberations.
Even if the FCC succeeds in convincing a panel of judges that the agency has authority to equate the Internet with the telephone network, it will have difficulty overcoming constitutional objections. The reclassification order’s truncated First Amendment analysis is particularly weak and unlikely to survive appellate review.”