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>“[U]nlike past challenges that the D.C. Circuit considered under Chevron, we no longer afford deference to the FCC's reading of the statute. Loper Bright Enter
by bingjames 2y ago
>“[U]nlike past challenges that the D.C. Circuit considered under Chevron, we no longer afford deference to the FCC's reading of the statute. Loper Bright Enters. v. Raimondo, 144 S. Ct. 2244, 2266 (2024) (overruling Chevron U.S.A. Inc. v. Nat. Res. Def. Council, Inc., 467 U.S. 837 (1984) ) … Using ‘the traditional tools of statutory construction,’ id., we hold that Broadband Internet Service Providers offer only an ‘information service’ under 47 U.S.C. § 153(24), and therefore, the FCC lacks the statutory authority to impose its desired net-neutrality policies through the ‘telecommunications service'’ provision of the Communications Act, id. § 153(51).
>47 U.S.C. § 153(24) information service
The term “information service” means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service.
>telecommunications 47 USC § 153(50)
The term “telecommunications” means the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.
What in the absolute hell are these definitions. These sound like they were made by the world's first LLM.
- axus 2y ago"Telecommunications service" sounds like phone or TCP/IP to me. You make a connection, "speak" the data, and ideally it's supposed to be received in order and without distortion on the other side. "Information service" sounds like websites and apps. You'd think a judge would be capable of reading a law as-written. Internet Service Providers aren't running webpages, they don't even host email or newsgroups anymore.