The Cyberlaw Clinic filed an amicus brief (pdf) [last] week in the United States Court of Appeals for the District of Columbia Circuit, on behalf of Engine Advocacy, supporting petitioners in a set of consolidated cases challenging the Federal Communications Commissions’ rollback of Obama-era net neutrality protections. Engine—a non-profit organization that advocates on behalf of the startup community—previously filed comments and reply comments with the FCC in the runup to the 2018 “Restoring Internet Freedom Order” (pdf) that is the subject of these proceedings. The brief highlighted Engine’s prior comments and noted instances where the FCC mischaracterized, failed to consider, or improperly discounted the interests of the startup community and the harms to innovators and venture investors of eliminating clear ex ante rules against throttling, blocking, and paid prioritization. Engine has its own post about the substance of the brief, here.
A number of other amici filed briefs in support of petitioners, including eBay; two law professor coalitions (1, 2); a pair of former FCC Chief Technologists; the American Council on Education and other education and library associations; the City of New York and other mayors and municipal / local government organizations; a coalition that includes Common Cause among other organizations; Consumers Union, the Electronic Frontier Foundation, Members of Congress, and Twilio. Chris Bavitz took the lead on the brief within the Clinic, working closely with Evan Engstrom and Kate Tummarello of Engine, and with support from the Clinic’s summer intern team (including Christina Chen from Penn Law).