Federal Circuit Protects Open Internet from Trade Agency Incursion in ClearCorrect v. ITC

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This morning, the Court of Appeals for the Federal Circuit issued its decision in ClearCorrect v. International Trade Commission. The Court rejected the ITC's attempt to block transmissions of digital data, holding that "[t]he Commission’s decision to expand the scope of its jurisdiction to include electronic transmissions of digital data runs counter to the 'unambiguously expressed intent of Congress.'"

The following may be attributed to Charles Duan, Director of the Patent Reform Project at Public Knowledge:

"This decision is a big win for the open Internet. By rejecting the ITC's attempt to expand its jurisdiction, the Federal Circuit helps to ensure that Internet users have unfettered access to the free flow of information that has proved so useful for innovation and free expression.

"In particular, Judge O'Malley's concurrence strongly recognized the importance of ensuring that 'the Internet remains an open platform for all.' This recognition of the central role that open information flow has played in the digital age is heartwarming to advocates like us who have tirelessly worked to protect that Internet openness.

"We applaud the Federal Circuit on its decision today, and will continue following the case as it moves forward."

A copy of the decision may be found here.

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