Deep Dive Episode 72 – The Net Neutrality Saga: Mozilla v. FCC

Earlier in October, the D.C. Circuit issued its long-awaited opinion in Mozilla v. Federal Communications Commission in which the court largely upheld the Commission’s 2017 Restoring Internet Freedom Order that reversed the Obama Administration’s 2015 decision to apply common carrier regulation to the Internet. While the court upheld the bulk of the agency’s actions as reasonable under the Supreme Court’s rulings in Chevron and Brand X, the court also found that the agency lacked plenary preemption authority over state efforts to regulate the Internet under the FCC’s theory of the case. As such, this case does not mark the end of the net neutrality debate; instead, it simply closes one chapter and opens a new one.

In this episode, a panel of legal and economic experts share their views of the court’s reasoning and of the implications of this case upon the on-going net neutrality debate.

George Ford

Chief Economist

Phoenix Center for Advanced Legal & Economic Public Policy Studies

Russell Hanser


Wilkinson Barker Knauer LLP

Daniel Lyons

Professor of Law

Boston College Law School

Lawrence Spiwak


Phoenix Center for Advanced Legal and Economic Public Policy Studies

Cyber & Privacy

The Federalist Society and Regulatory Transparency Project take no position on particular legal or public policy matters. All expressions of opinion are those of the speaker(s). To join the debate, please email us at [email protected].

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