By Carri Bennet, Michael Bennet, Rebecca Jacobs Goldman, Howard Shapiro and Marty Stern
In this Client Alert, we provide a deep dive on the FCC’s recent Declaratory Ruling, Report and Order, and Order,1that largely repeals the so-called “Open Internet” regulatory framework implemented by the prior FCC Chairman in 2015.2 Few other proceedings have drawn the amount of public interest as the adoption, subsequent revision and now repeal of the FCC’s Open Internet rules. We also provide important background on the road to where we are today, including the status of the Federal Trade Commission’s jurisdiction over broadband consumer practices involving privacy and data security, which while restored by the recent reclassification order, remains at issue in a pending en banc review in the 9th Circuit.
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1. In the Matter of Restoring Internet Freedom, WC Docket Nos. 17-108, Declaratory Ruling, Report and Order, and Order, FCC 17-166 (released January 4, 2018) (Internet Reclassification Order).
2. Protecting and Promoting the Open Internet, WC Docket No. 14-28, Report and Order on Remand, Declaratory Ruling, and Order, 30 FCC Rcd 5601 (2015) (Title II Order).