Center for Democracy & Technology

For Immediate Release

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Brian Wesolowski
Director of Communications
+1 (202) 407-8814

D.C. Circuit Denial of En Banc Review on Net Neutrality Case a Win for Internet Users

WASHINGTON - CDT applauds the Federal Court of Appeals for the D.C. Circuit's denial of a petition for en banc rehearing of the U.S. Telecom v Federal Communications Commission decision. The petitioners filed for rehearing after losing their appeal before a three-judge panel last June.

Today's opinion upholds the FCC's reclassification of broadband internet access as a telecommunications service, which makes internet service providers subject to the regulations of Title II of the Communications Act. The FCC's rule follows the court's reasoning laid out in a previous decision, Verizon v FCC, which concludes that such rules would be permissible for entities regulated under Title II.

Lisa Hayes, CDT's General Counsel, stated, "Today's decision is a win for consumers. The court agreed that Title II classification is sound, and that the FCC has authority to regulate the marketplace. Net neutrality is essential to a vibrant internet ecosystem, and CDT will continue to defend the open internet in the days and years to come."


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The Center for Democracy and Technology works to promote democratic values and constitutional liberties in the digital age. With expertise in law, technology, and policy, CDT seeks practical solutions to enhance free expression and privacy in global communications technologies. CDT is dedicated to building consensus among all parties interested in the future of the Internet and other new communications media.

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