Today, the Supreme Court of the United States declined to hear a challenge to the D.C. Circuit's 2016 decision upholding the Federal Communications Commission’s net neutrality rules. The Supreme Court also declined to vacate the D.C. Circuit's decision as moot.
Yesterday, President Trump nominated Judge Brett Kavanaugh as the next Associate Justice of the Supreme Court of the United States. Public Knowledge finds this nomination extremely troubling for the future of consumer protection and competition law based on Judge Kavanaugh’s extremely expansive view of corporate speech rights and expressed antipathy to economic regulation.
Today, the United States Supreme Court upheld the constitutionality of the United States Patent and Trademark Office's “inter partes review” process in Oil States v. Greene’s Energy. Public Knowledge, joined by the Electronic Frontier Foundation, Engine Advocacy, and R Street Institute, filed an amicus brief in this case in 2017.
The Supreme Court's recent decision in Packingham v. North Carolina struck down, as unconstitutional under the First Amendment, a state law making it a felony for registered sex offenders to access social media websites. The decision has wide-ranging potential implications for technology law, especially on matters of rights to access the internet, which are particularly important for marginalized and disenfranchised voices in our society. Below, Harold Feld reviews the Packingham decision and explores its implications for one area of law: the Digital Millennium Copyright Act's provisions regarding termination of Internet access for accused copyright infringers. This post was originally posted on Harold's personal blog, "Tales of the Sausage Factory," on wetmachine.com.