“Dangerous and disturbing this puzzle is. Only a Jedi could have erased those files. But who, and why, harder to answer.” Yoda, Star Wars: Episode II – Attack of the Clones (2002).
In an earlier post, I wrote that the FCC lacks jurisdiction to enact net neutrality rules without allowing carriers latitude to make reasonable distinctions and discriminations in the provision of services. In this post I’m including my suspicions as to why the FCC has erased a general notion of reasonableness from its proposed net neutrality rules. I suspect that the FCC is proceeding this way to avoid the holding in Orloff v. FCC, 352 F.3d 415 (DC Cir. 2003). Read the rest of this entry »