FCC

Mozilla v. FCC, The New Net Neutrality Case

By: Daniel Norton

On February 1st, 2019, the D.C. Court of Appeals heard oral arguments in the case Mozilla Corp. v. FCC. The premise of the case is that Mozilla, and several other interested parties, have sued the FCC over the Restoring Internet Freedom Order’s reclassification of internet services as information services rather than telecommunications services under the Telecommunications Act of 1996. A telecommunications service is one that transmits unaltered information while an information service is used for “generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information.” This classification is important as the D.C. Court of Appeals has held that the FCC cannot enforce net neutrality against Internet Access Providers if they are classified as telecommunications services, but they can if the IAPs are classified as telecommunications services. The 2015 Open Internet Order classified IAPs services to be telecommunications while the 2017 Restoring Internet Freedom Order reclassified IAPs services as information services. Continue reading »