It is not easy to explain the debate over whether — were the FCC to reclassify broadband as a Tittle II service — Sec. 201 and 202 of the Communications Act of 1934, as amended, would then permit or require the agency to allow tiered services or whether net neutrality would/could survive. It's complicated, but grandmaster telecoms lawyer Harold Feld not only explains it in plain English, but manages to be really funny too. I hope he'll forgive my reprinting one of the better punch lines.
Recent Bluessky Posts- Ok. Make that even clearer? January 17, 2026 Michael Froomkin
- The 5A cases are in circuits. One problem is that sometimes the claim has little juice if there's no way you can show it concevably would have hurt you as there is no risk. But we're getting beyond what I know well. January 17, 2026 Michael Froomkin
- I wonder if this might be slightly aggressive as regards drivers. Drivers are required to show a driver's license if stopped for any plausible reason even a broken tail light. And courts are too lenient in finding it. Would hate for people to be misled by and get into more trouble than it's worth. January 17, 2026 Michael Froomkin
- Also while it is correct that people don't have to show ID when stopped, in many states they do have to identify themselves verbally if the stop is based on any sort of reasonable suspicion. It's possible a 5th amendment defense would work but complex. January 17, 2026 Michael Froomkin
- A special sort of pedophilia? January 17, 2026 Michael Froomkin
