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Washington Prowler
The FCC’s Cynical Forum Shopping
Anything to stack the deck in favor of “net neutrality.”
In an unusual step last week, the Federal Communications Commission released public guidance in an effort to encourage “forum shopping” for lawsuits challenging the FCC’s order to regulate the Internet.
Forum shopping is the practice litigators use to get their cases heard in a court — in this case, a federal court — they believe will more likely deliver a favorable ruling. But in this case something else is at work. “The FCC knows its jurisdiction over regulating the Internet is tenuous at best, and it is hoping that its friends will file suits with a number of federal courts across the country,” says a telecommunications attorney in private practice in New York. “The FCC is gambling that it will get a more sympathetic hearing that way.”
The FCC’s “Public Notice” provides a virtual road map for groups that might want to file suit over the so-called “Net Neutrality” order that the regulatory body approved in late December. The FCC doesn’t even hide the fact that it is encouraging groups to jump-start the “judicial lottery procedure,” which would ensure that the FCC has a shot at a more friendly venue to hear its defense for regulating the Internet.
For example, if three different entities or individuals file three separate lawsuits in three different federal court districts involving the same issue, in this case the FCC net neutrality order, the cases are essentially placed together and a lottery takes place to determine which federal district court will hear the case.
“Look, this isn’t anything new; the Department of Justice has at times forum shopped,” says the New York attorney. “You saw it with some terrorism cases. But I can’t think of a time when a federal agency sent out a kind of ‘wink, wink, nod nod’ press release that encouraged others to file with different federal courts so the agency can rig the system for a friendlier legal venue. I wouldn’t go so far to say it’s unethical, but it’s highly unusual. If I were in Congress, I’d be demanding an explanation, and if I were a federal judge I’d sure be annoyed at the agency for gamesmanship.”
Letter to the Editor View all comments (13) | Leave a comment
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Deborah D | 1.19.11 @ 7:34AM
Good grief. I have a saying that I've been saying since about January of 2009 -- when you think the Obama Administration couldn't possibly do anything worse, they come up with a new way to totally tick you off. Republicans, you'd better start reining in these out of control bureaucrats before they make you totally irrelevant.
Dan Hirsch| 1.19.11 @ 8:45AM
Gotta hand it to them freedom loving, fair minded Democrats! But they do love to stand on the little guy, don't they!
Nolite me conculcare!
Don't tread on me!
Ned| 1.19.11 @ 2:22PM
Nope, don't have to hand them anything... the grasping SOBs will take whatever they want, whether you like it or not.
Ron| 1.19.11 @ 8:52PM
When I am forced to think about government, (because I try not to do this voluntarily), remember the slogan:
Illegitimi non conborundum!
(Don't let the bastards grind you down!)
kingofthenet| 1.19.11 @ 9:48PM
'Net neutrality' must be a tough issue for your more libertarian leaning 'baggers' Do you support greater FREEDOM for companies at the LOSS of Freedom for the individual consumer? How do you square that?
voted against carter| 1.20.11 @ 3:13PM
Silly libratard kingofthenet,
'Net neutrality' is "Progressive Libratard Dumbocrat" speak for silencing dissenting view points. "We are NOT at war with Ociana"
It has NOTHING to do with 'Net neutrality' and EVERY thing to do with information dissemination and control.
Like we wouldn't notice this?
I know it's REALY hard for you to understand that normal people see you for what you are, but we do.
Liberal Fascism is STILL fascism.
Same as Progressive Libratard Dumbocrat Fascism.
Which apparently you are very familiar with.
NO THANKS,
Not interested.
jstwndring| 1.19.11 @ 10:08PM
More "free-speech" DemocRats at work showing their true colors. What a bunch of freaking hypocrites. They can't compete with us in the free market arena of ideas, so, they just try and outlaw us in a round-about way. The Republicans need to eliminate the FCC. And the EPA while they're at it. And and every other regulatory agency out there used by the political left to get around congress. Fricken tyrants. All of you democrats. Tyrants.
Adidas | 8.11.11 @ 5:16AM
is good
العاب بنات | 4.11.12 @ 2:27PM
thank you