“Where are you going?” Aunt Beru, Star Wars (1977).
I wrote in an earlier post that the FCC lacked jurisdiction to enact its proposed net neutrality rules as written. Today the D.C. Circuit issued an opinion holding that the FCC failed to justify ancillary jurisdiction “over Comcast’s network management practices.” (Comcast v. FCC, No. 08-1291 at 3 (D.C. Cir. Apr. 6, 2010).) In this post, I explain what the court did and what options remain open to the FCC in its net neutrality proceeding. Read the rest of this entry »