Kristian Stout on the FCC’s Net Neutrality Vote

Law360 – ICLE Director of Innovation Policy Kristian Stout was quoted by Law360 in a story about the Federal Communications Commission’s vote to reinstate net neutrality rules. You can read full piece here.

Some think tanks, including the International Center for Law & Economics, continued to oppose the FCC’s initiative on both policy and legal grounds.

“The justifications the FCC has put forward for imposing Title II obligations on broadband providers not only lack merit, but emphasize the likely legal challenges this order will face,” said Kristian Stout, ICLE director of innovation policy, in a statement.

Stout said the commission’s rulemaking presents a major-questions issue “that will leave the FCC in an uphill battle before the U.S. Supreme Court in the face of inevitable legal challenges.” The major-questions doctrine says large-scale regulatory initiatives that have broad impacts can’t be grounded in vague, minor and obscure provisions of law.