Stories
Slash Boxes
Comments

SoylentNews is people

posted by chromas on Sunday July 15 2018, @04:51AM   Printer-friendly
from the right-to-block=right-to-talk dept.

Submitted via IRC for Fnord666

President Trump's Supreme Court nominee argued last year that net neutrality rules violate the First Amendment rights of Internet service providers by preventing them from "exercising editorial control" over Internet content.

Trump's pick is Brett Kavanaugh, a judge on the US Court of Appeals for the District of Columbia Circuit. The DC Circuit twice upheld the net neutrality rules passed by the Federal Communications Commission under former Chairman Tom Wheeler, despite Kavanaugh's dissent. (In another tech-related case, Kavanaugh ruled that the National Security Agency's bulk collection of telephone metadata is legal.)

While current FCC Chairman Ajit Pai eliminated the net neutrality rules, Kavanaugh could help restrict the FCC's authority to regulate Internet providers as a member of the Supreme Court. Broadband industry lobby groups have continued to seek Supreme Court review of the legality of Wheeler's net neutrality rules even after Pai's repeal.

[...] Consumers generally expect ISPs to deliver Internet content in un-altered form. But Kavanaugh argued that ISPs are like cable TV operators—since cable TV companies can choose not to carry certain channels, Internet providers should be able to choose not to allow access to a certain website, he wrote.

"Internet service providers may not necessarily generate much content of their own, but they may decide what content they will transmit, just as cable operators decide what content they will transmit," Kavanaugh wrote. "Deciding whether and how to transmit ESPN and deciding whether and how to transmit ESPN.com are not meaningfully different for First Amendment purposes."

Kavanaugh's argument did not address the business differences between cable TV and Internet service.

Source: https://arstechnica.com/tech-policy/2018/07/net-neutrality-rules-are-illegal-according-to-trumps-supreme-court-pick/


Original Submission

 
This discussion has been archived. No new comments can be posted.
Display Options Threshold/Breakthrough Mark All as Read Mark All as Unread
The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
  • (Score: 2, Redundant) by realDonaldTrump on Sunday July 15 2018, @06:06AM (3 children)

    by realDonaldTrump (6614) on Sunday July 15 2018, @06:06AM (#707499) Homepage Journal

    Folks, you won't believe the tremendous deal I made. Justice Anthony talked to me. And he said there might be some cases about me that come to SC. And he doesn't want to recuse. He hasn't recused, he told me he would have to recuse because of his boy, Justin K. Because of the $1 billion from Deutsche Bank -- from Justin who was at D.B. And because Justin is working for my daughter & my son in law. By the way, so different from Jeff Sessions aka Mr. Magoo, so much better. If you're going to recuse, you say something before it. You give a warning. Anyway, Justice Anthony wants Judge Brett to be the new guy. Because Brett was his clerk, they have a great relationship. And as you can tell from this story, Judge Brett is very smart. He figured out that internet is like cable TV. Who thinks about that stuff, right? Great thinker. Young. Not bad looking, not as good looking as Justin from Canada. But he's not hard to look at. There's a lot to love about Judge Brett. And about our deal. I win, Ivanka & Jared win, Anthony K. wins, Justin K. wins, Brett K. wins and most importantly America wins. America First!!!! #WINNING [twitter.com]

    Starting Score:    1  point
    Moderation   0  
       Redundant=1, Underrated=1, Total=2
    Extra 'Redundant' Modifier   0  
    Karma-Bonus Modifier   +1  

    Total Score:   2  
  • (Score: 2, Redundant) by realDonaldTrump on Sunday July 15 2018, @12:47PM (2 children)

    by realDonaldTrump (6614) on Sunday July 15 2018, @12:47PM (#707589) Homepage Journal

    (cont) Judge Brett will be great for America. Because we'll have a VERY CLEAN guy on SC. A guy that knows the latest laws, very modern and he has 2 degrees from Yale. Because he's the guy that has to go in, or the deal is off. And most importantly because he'll STOP the Phoney Russia Witch Hunt!

    • (Score: 0) by Anonymous Coward on Sunday July 15 2018, @06:49PM (1 child)

      by Anonymous Coward on Sunday July 15 2018, @06:49PM (#707685)

      Hmm... Roe v. Wade, then, is not a primary objective?

      • (Score: 2) by realDonaldTrump on Sunday July 15 2018, @07:10PM

        by realDonaldTrump (6614) on Sunday July 15 2018, @07:10PM (#707691) Homepage Journal

        Justice Anthony didn't want to fix Roe v. Wade. And Judge Brett is Anthony's guy. But, he's also his own guy -- aren't we all? And he's said some things that make me worry a little bit. I'm sure you've seen them too -- if not you can look at the other story on SoylentNews. He said it was decided by SC. By the old SC, not the new one with him on it. When he's on District court, he can't change SC decisions. When he's on SC, he can change them. Maybe we're not 100% on that one. But he's a very solid guy on many things. The Presidency, that's going to be a biggie. And when he has 4 other guys backing him up, hopefully he'll do the right thing. Let me tell you, if he fixes Roe it's tremendous for my supporters. Tremendous for me. Tremendous for our Republican Party. And terrific for the American people. Who I always always put first!!