CDT Urges DC Circuit to Protect Net Neutrality

Ahead of tomorrow’s oral arguments in net neutrality case Mozilla v. FCC, the Center for Democracy & Technology (CDT) urges the DC Circuit to vacate the 2018 Restoring Internet Freedom Order.

“Net neutrality protections are crucial to all Americans’ ability to freely communicate, access information of their choosing, and earn a living,” said Lisa Hayes, CDT General Counsel & Vice President of Strategy. “The FCC’s 2018 order violates the First Amendment, and will harm consumers and businesses. The DC Circuit should vacate the order.”

In January 2018, CDT joined with dozens of net neutrality supporters to sue the FCC and block the repeal of net neutrality rules. Plaintiffs include consumer groups, tech companies, and the attorneys general of 22 states and the District of Columbia. Many of these same groups joined with CDT in earlier litigation surrounding the FCC’s 2015 Open Internet Order protecting net neutrality. The DC Circuit upheld the validity of the 2015 Open Internet Order in 2017, finding that the order was lawful and justified by the evidence.

Hayes added, “Nothing has changed since the 2015 rulemaking but the leadership of the FCC.  The FCC lacks compelling evidence justifying its 2018 order, and I expect the DC Circuit will find that the FCC’s actions were arbitrary and capricious.”

Oral arguments in the case have been scheduled for 9:30 a.m. on Friday, February 1, 2019, before the Court of Appeals for the DC Circuit.