In a decision with far-ranging implications for federal administrative law, the United States Supreme Court issued its long-awaited ruling in Loper Bright Enterprises v. Raimondo (Loper Bright).1 The Supreme Court’s six-Justice majority held that the Administrative Procedure Act (APA) requires courts interpreting agency regulations to determine independently whether the agencies have acted within their statutory authority, even where the statute at issue is ambiguous. In so holding, the Court overruled its 1984 decision in Chevron USA v. Natural Resources Defense Council, which for the last four decades had governed thousands of cases involving federal agency interpretations of ambiguous laws.Continue Reading “Chevron is overruled”: How Loper Bright Will Change the Regulatory Law Landscape
ISPs Could Face New Privacy Regulations Under FCC Proposed Rulemaking
On March 31, 2016, the Federal Communications Commission (FCC) adopted a Notice of Proposed Rulemaking (NPRM) that proposed to establish new privacy guidelines for broadband Internet service providers (ISPs).1 The FCC designed the proposal to “ensure broadband customers have meaningful choice, greater transparency and strong security protections for their personal information collected by ISPs.”2 To accomplish this goal, the NPRM proposes to apply the privacy requirements of Section 222 of the Communications Act3 to ISPs that offer broadband Internet access service (or, in the NPRM’s terminology, “BIAS”).4 The FCC asserted that applying the privacy requirements set forth in Section 222 would “give broadband customers the tools they need to make informed decisions about how their information is used by their ISPs and whether and for what purposes [their information may be shared] with third parties.”5
Continue Reading ISPs Could Face New Privacy Regulations Under FCC Proposed Rulemaking