October, 01 2019, 12:00am EDT

Court Defers to FCC on Dismantling Net Neutrality for Now but Opens Door for States, Higher Courts and Congress to Act
On Tuesday, the U.S. Court of Appeals for the D.C. Circuit deferred to the Federal Communications Commission in upholding its 2017 repeal of Net Neutrality, but overturned key parts of the agency's so-called Restoring Internet Freedom Order, which was adopted on partisan lines in December 2017. That order repealed the landmark Open Internet Order the Obama-era FCC put in place in 2015.
WASHINGTON
On Tuesday, the U.S. Court of Appeals for the D.C. Circuit deferred to the Federal Communications Commission in upholding its 2017 repeal of Net Neutrality, but overturned key parts of the agency's so-called Restoring Internet Freedom Order, which was adopted on partisan lines in December 2017. That order repealed the landmark Open Internet Order the Obama-era FCC put in place in 2015.
In a lengthy and unusual opinion, the court upheld the FCC's misguided legal analysis repealing the federal rules for Net Neutrality, even though the judges who joined the opinion wrote that they are "deeply concerned that the result is unhinged from the realities of modern broadband service."
The opinion also threw out the agency's attempt to prevent states from filling the void the FCC created with their own laws and orders. It also sent the 2017 repeal back to the agency to assess the impact of that agency order on public safety, ISPs' use of public rights of way, and the federal Lifeline broadband-discount program. Those questions signal to the FCC yet again that it got this decision wrong, and that it cannot continue its unjustified ideological crusade against all of these important safeguards.
FCC Chairman Ajit Pai engineered the repeal of Net Neutrality despite the complete lack of evidence that the 2015 rules were harming ISPs, and despite the overwhelming public opposition to the move. A wave of fraudulent comments tainted the FCC's record in the 2017 proceeding, and Pai did nothing in response. Instead, he and his GOP colleagues uprooted all Net Neutrality rules. They also abandoned a wide range of other duties the agency has under the law to promote broadband affordability, competition and privacy by rejecting the successful legal framework for these protections in Title II of the Communications Act.
Free Press sued the FCC in early 2018, joined by dozens of other public-interest groups, companies, industry associations and state attorneys general who pinpointed the inaccuracies and failings in the repeal. The case was briefed last summer, with oral arguments before the three-judge panel of the D.C. Circuit held on Feb. 1, 2019.
Free Press Vice President of Policy and General Counsel Matt Wood made the following statement:
"Unfortunately, the judges gave a pass to the flimsy legal arguments and phony claims used to tear down these important rules in late 2017 -- not because Ajit Pai and the agency processes he abused led to the right decision, but because courts give agencies a lot of deference when interpreting the law. The court's unusual opinion gave credence to the bad technical arguments and economic lies Pai used to force his order through, even though the judges concurring in that close legal reading said loud and clear that the 15-year-old Supreme Court case dictating this result no longer reflects the realities of modern broadband service.
"Yet the court's decision underscores the pressing need for the Senate to pass the Save the Internet Act that the House adopted in April. It opens the door for a future FCC to go back to the right rules, and for states to fill the vacuum with state-based Net Neutrality laws. And the court rejected the FCC's arguments on several key broadband policies, sending them back to the agency.
"The FCC has a congressional mandate under Title II to protect people's rights to communicate on the internet, free from ISPs' interference and schemes. Open and clear communications networks are crucial in the fight for racial justice, immigrant rights, reproductive freedom and a host of other issues. People simply can't afford to see their speech cut off by the companies that own the wires and channels connecting us all.
"The Trump FCC's decision conflated broadband networks with the information those networks carry, and looked the other way on the thoroughly debunked claims Pai put forward about broadband investment under the Obama-era Net Neutrality rules. Although the judges ignored those mistakes, they did zero in on some key errors in Pai's order. Chiefly, they refused to let Pai get away with his failure to explain why the FCC's abdication of its authority over broadband could preempt state attempts to fill that void, and questioned the agency's threadbare claims that broadband is somehow outside the FCC's jurisdiction.
"Federal agencies get deference from courts when interpreting the law, but as today's decision shows, that deference isn't limitless when it comes to running a clean process and paying attention to reality. The Trump FCC's attempt to reject the law and prevent any state from adopting crucial open-internet rules has failed.
"Already, nine states have put in place decisive rules to protect Net Neutrality. Of those, six have signed executive orders: Hawaii, Montana, New Jersey, New York, Rhode Island and Vermont. And four have passed laws: California, Oregon, Vermont and Washington. Another 27 states have considered legislation. In 2018, more than 125 city mayors signed a Net Neutrality pledge promising not to do business with any ISP that violates the open-internet standard. ISPs will now need to navigate this groundswell of local political support for Net Neutrality.
"The only place in the country where we don't see overwhelming bipartisan support for real Net Neutrality rules is in a small and shrinking bubble inside the Beltway that's populated chiefly by Republican congressional leadership and the failed FCC chairman they've wrongly backed. People in the rest of the United States get it: More than 85 percent of voters -- including 82 percent of Republicans and 90 percent of Democrats -- support the rules that Pai struck down.
"Pai may try a victory lap for today's decision, but no one will be cheering besides his small circle of advisers and the lobbyists that give him his marching orders. The Senate must pass the Save the Internet Act that sailed through the House in April to put the 2015 open-internet rules and the wildly successful legal framework for them even more firmly back in place."
Free Press was created to give people a voice in the crucial decisions that shape our media. We believe that positive social change, racial justice and meaningful engagement in public life require equitable access to technology, diverse and independent ownership of media platforms, and journalism that holds leaders accountable and tells people what's actually happening in their communities.
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Delayed But Not Denied: 2nd Hamas-Israeli Prisoner Swap Goes Through
"After a delay, obstacles to release of prisoners were overcome through Qatari-Egyptian contacts with both sides," a Qatari spokesperson said.
Nov 25, 2023
Despite an initial delay, the second round of hostages were released by Hamas on Saturday night.
The group included 13 Israelis and four foreign nationals believed to be Thai, Middle East Eyereported. Israel also began to release 39 Palestinian prisoners in exchange as the second day of a four-day cease-fire concluded.
"After a delay, obstacles to release of prisoners were overcome through Qatari-Egyptian contacts with both sides," Majed Al Ansari, a spokesperson for Qatar's foreign ministry, tweeted, adding that the hostages were transferred to the International Committee of the Red Cross.
The Israeli military confirmed to The Associated Press that the hostages reached Israel after midnight local time. The hostages included seven children and six women, the office of Israeli Prime Minister Benjamin Netanyahu said. One of the hostages, a young girl named Emily Hand, was previously believed dead by her father.
The swap appeared to be in danger earlier in the day when Hamas said that Israel had not allowed enough aid to enter northern Gaza, which has taken the brunt of the Israeli military's force since October 7, when Hamas attacked Israel, killing 1,200 and taking around 240 hostages. Israel has since killed more than 14,800 Palestinians in Gaza in its response. The two sides have agreed to a four-day cease-fire beginning Friday that will see a total of 50 Hamas-held hostages and 150 Israeli-held Palestinians released.
In explaining the delay, Hamas also said that Israel had not released enough long-serving prisoners.
"Civilians should not be pawns in a deadly standoff between warring parties who flout basic principles of humanity."
"This is putting the deal in danger," said Osama Hamdan, a senior Hamas official in Beirut, as AP reported.
Sari Bashi, the program director of Human Rights Watch, criticized both sides for the delay.
"Hamas is obligated to release hostages, whether or not aid enters Gaza," Bashi tweeted. "The Israeli government is obligated to supply Gaza with aid, whether or not hostages are released. Civilians should not be pawns in a deadly standoff between warring parties who flout basic principles of humanity."
However, Egypt, Qatar, and Hamas later said everything had been resolved and the exchange would go forward, according to AP, sparking great relief from the hostages' friends and families.
"I was very nervous when I heard about the delay. I thought something would happen," Zohar, a classmate of 18-year-old Israeli hostage Noga Weiss, told Channel 13 TV, as AP reported. "It was a great relief when I saw her."
Egypt had also said earlier in the day that it had received "positive signals" from both sides about a possible extension of the cease-fire, Reuters reported. Netanyahu had previously said the pause would extend one day for every extra 10 hostages that Hamas releases.
Hamas said it expected Israel to release six women and 33 teenage boys on the second day of exchanges, AP reported.
One of the prisoners released Saturday was Shorouq Dwayyat, the Palestinian woman who had been held in an Israeli jail the longest, Middle East Eye reported. Dwayyat was first arrested eight years ago when she was 18. Israel claimed she stabbed a settler, which her family denies.
"We send a message to our people in Gaza that we stand by your side and support you," Duwiyat said upon returning home, as AP reported.
Another woman released by Israel was Israa Jaabis, who was arrested in 2015 with burns covering half her body, according to Middle East Eye. Jaabis' family said that she was burned when a defective cylinder of cooking gas ignited near a checkpoint, while Israel accused her of attempting a bombing. Israeli forces raided Jaabis' home ahead of her release, forcing any journalists or distant relatives to leave.
Police also raided the home of Marah Bkeer before her release Friday, Reuters reported.
"There is no real joy, even this little joy we feel as we wait," her monther, Sawsan Bkeer, told reporters. "We are still afraid to feel happy."
Dwayyat told reporters that Israel had threatened to re-arrest the released prisoners if they celebrated, according to Middle East Eye.
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Scientists Relaunch Campaign to Save the Endangered Axolotl
The Adoptaxolotl 2024 campaign invites donors to adopt a threatened salamander for around 600 pesos, or $35.
Nov 25, 2023
Ecologists in Mexico relaunched a campaign Thursday to protect the axolotl, an iconic Mexican underwater salamander threatened with extinction.
The Adoptaxolotl 2024 campaign invites donors to adopt a threatened salamander for around 600 pesos, or $35, The Associated Press reported. A virtual adoption comes with regular updates on the amphibian's well-being. Axolotl lovers can also buy one of the salamanders a dinner or purchase axolotl-themed t-shirts, bandannas, and mugs.
"The axolotl is at critical risk of extinction," Luis Zambrano González, who works at the Biology Institute of Mexico's National Autonomous University (UNAM), told the UNAM Gazette. "For this reason we need to understand its conservation as something that all of society is responsible for, to care for its habitat and develop strategies to allow people to relate more to these animals."
"Thanks to these surveys we realized that the amphibian is on the edge of extinction, and if we don't do something we will soon lose it in the wild."
There are 18 different species of axolotls in Mexico, and nearly all of them are considered critically endangered, according to AP. The salamander is famous for its unique appearance, as well as its ability to grow back severed limbs. Scientists believe that studying the axolotls' ability may help them to repair tissue damage or aid in cancer recovery, but they will have to work fast to uncover their secrets.
Zambrano told the UNAM Gazette that axolotl numbers had rapidly declined in surveys: from 6,000 per square kilometer in 1998 to 36 in 2014, a decline of 99.5% in less than two decades.
"Thanks to these surveys we realized that the amphibian is on the edge of extinction, and if we don't do something we will soon lose it in the wild," Zambrano said.
The campaign, which is organized by UNAM scientists, raised more than 450,000 pesos, or $26,300, last year to launch a captive breeding program and to restore habitat in the ancient canals of the southern Mexico City district of Xochimilco, according to AP.
The scientists said that the salamanders in Xochimilco were in danger because their habitat was menaced by urbanization, pollution, and invasive species, the UNAM Gazette reported.
"There is no more time for Xochimilco," Zambrano told AP.
So far, researchers have restored 40 floating islands and 5.5 kilometers of canal, created 36 biodiversity refuges, and installed 71 filters to improve water quality, the UNAM Gazette reported.
Axolotls are also susceptible to the chrytid fungus behind mass amphibian deaths worldwide, according to AP.
Scientists say more research is needed to truly know the extent of the damage to the axolotls' habitat and the risk to the all of the species.
Alejandro Calzada, who works for the Mexican government monitoring less popular species of axolotl, told AP that his team of nine is not able to monitor all the streams in Mexico City or the country as a whole.
"What I know is that we have to work urgently," Calzada said.
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'Sign of Hope' as First Israeli Hostages and Palestinian Prisoners Freed
The exchange came on the first day of a Qatari-brokered four-day cease-fire that is slated to see at least 50 Israeli hostages exchanged for at least 150 Palestinian women and children held in Israel.
Nov 25, 2023
The first 24 Israeli hostages held by Hamas in Gaza were released Friday evening in exchange for 39 Palestinian women and children held in Israeli prisons.
The exchange came on the first day of a Qatari-brokered four-day cease-fire that is slated to see at least 50 Israeli hostages exchanged for at least 150 Palestinian women and children held in Israel. The office of Israeli Prime Minister Benjamin Netanyahu has said that the pause would be extended a day for every additional 10 hostages released.
"It's a sign of hope for Palestinians and Israelis that the cease-fire will continue and the killing will stop," Mohammed Khatib, who watched the release of the first Palestinian prisoners Friday, toldBBC News.
"I'm very happy of course, but I feel devastated by how that deal was reached… at the cost of our brothers' and sisters' lives in Gaza."
The pause in the fighting has also allowed much needed aid trucks to enter Gaza. The United Nations Office for the Coordination of Humanitarian Affairs (OCHA) said that 200 aid trucks were sent from Israel Friday, of which 137 were unloaded by the U.N. Relief and Works Agency for Palestinian Refugees in the Near East, U.N. Newsreported. It's the largest convey of aid to enter Gaza since Israel's bombardment began October 7.
"Hundreds of thousands of people were assisted with food, water, medical supplies and other essential humanitarian items," OCHA said.
Four trucks full of gas and 129,000 liters of fuel also arrived in Gaza Friday.
However, Hamas has reportedly delayed the release of more hostages Saturday because it says Israel is not allowing aid to enter northern Gaza, Al Jazeera reported. The group said Israel had also violated the terms of the cease-fire by shooting tear gas and live ammunition at people who attempted to return to their homes in northern Gaza and by flying surveillance drones high over Gaza Saturday.
Hamas took around 240 hostages—both Israelis and foreign nationals—into Gaza during its October 7 attack on Israel that also killed around 1,200 people. On Friday, the group released 13 Israelis, including an 85-year-old woman and children as young as 2, as well as 10 Thai nationals and one person from the Philippines, The Guardian reported.
"Each of them is an entire world," Netanyahu said in response to the first release. "But I emphasize… we are committed to returning all the hostages. This is one of the aims of the war and we are committed to achieving all the aims of the war."
The families of the Thai hostages celebrated their return.
"We are all very happy. Everybody is crying," Rungarun Wichangern, the brother of 33-year-old Vetoon Phoome who was released Friday, toldThe Guardian.
Phoome, who was working on a potato and pomegranate farm near Gaza when he was captured, was one of 30,000 Thai nationals working in the agricultural sector in Israel before the war, and one of around 5,000 employed at farms near Gaza. The Thai government said that 20 more Thai nationals were still being held in Gaza.
The one Philippines hostage released was 33-year-old Gelienor "Jimmy" Pacheco, who had been working as a carer in Gaza. Philippine President Ferdinand Marcos said on social media that he was "overjoyed" by Pacheco's release, and that he was safely at the Thai embassy in Israel.
"I salute the work of the Philippine Foreign Service in securing his release, and once again thank the State of Qatar for their invaluable assistance in making Jimmy's release possible," Marcos said.
Another Philippine woman, Noralyn Babadilla, remains missing.
Meanwhile, jubilant crowds turned out in the West Bank to welcome the first Palestinian prisoners released from Israeli custody, according to BBC News. The group included 24 women and 15 teenage boys. They had been arrested for offenses ranging from stone throwing to attempted murder. While some had been convicted, others were awaiting trial. Of a total of 300 Palestinian women and children marked by Israel for potential release, less than 25% have been convicted.
Israel holds around 8,000 Palestinians in its prisons, 3,000 of whom were detained since the October 7 attacks, Al Jazeera reported. Nearly every family in the West Bank has had a relative detained at one point, according to BBC News.
The NGO Palestinian Prisoners' Club said that Israel had told the families of released prisoners that they could be fined around 70,000 shekels ($18,740) for sharing sweets to celebrate their loved ones' return, speaking to reporters, or having guests over.
One of the Palestinian prisoners released was 24-year-old Marah Bakeer, who was 16 when she was arrested for allegedly attempting to stab an Israeli soldier, something she and her family deny. Israeli forces shot her in the arm and hand 12 times before her arrest.
"I'm very happy of course, but I feel devastated by how that deal was reached… at the cost of our brothers' and sisters' lives in Gaza," Bakeer said.
The Israeli attack on Gaza has killed more than 14,800 people, around 10,000 of them women and children. This means Israel has killed women and children at a rate that outstrips the deadliest conflicts of the 21st century, The New York Times reported Saturday. More than double the number of women and children have been killed in Gaza in nearly two months of fighting than have been reported killed in Ukraine in two years. Using women and children as a conservative stand-in for overall civilian deaths would mean more civilians have died during these two months than were killed by U.S. forces in the first year of the Iraq War, and nearly as many as the 12,400 estimated killed by the U.S. and its allies during nearly two decades of war in Afghanistan.
"It's beyond anything that I've seen in my career," Marc Garlasco, a former Pentagon senior intelligence analyst who now advises the Dutch organization PAX, told the Times, adding that, for a comparison, one may "have to go back to Vietnam, or the Second World War."
The bombardment has also destroyed or damaged more than 60,000 buildings, and some Gazans used the pause in the fighting to return to their homes and survey the damage.
"Our home is destroyed, nothing remains standing. And most of the ducks and chickens were eaten by hungry street dogs," one older woman toldAl Jazeera. "This is not a war; it is a genocide."
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