Justice Scalia (indirectly) on Net Neutrality

November 12, 2014

Jenna Greene, in the National Law Journal, discusses Justice Scalia’s 2005 dissent in a case upholding the FCC’s classification of cable broadband providers — the same classification that the D.C. Circuit later found exempted them from regulation as common carriers. National Cable & Telecommunications Association v. Brand X Internet Services dealt with the classification of broadband cable Internet service and upheld the FCC’s 2002 classification of broadband as an “information service” rather than a “telecommunications service.” Scalia was joined by Justices Ginsburg and Souter in a dissent that would have found that such classification was not a reasonable interpretation of the 1996 Telecommunications Act.

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