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71 Fed. Comm. L.J. [i] (2018-2019)

handle is hein.journals/fedcom71 and id is 1 raw text is: EDITOR'S NOTE Welcome to the first Issue of Volume 71 of the Federal Communications Law Journal (Journal), the official journal of the Federal Communications Bar Association (FCBA). Over the summer, the Journal added 30 talented editors to our membership ranks. FCLJ's incoming editorial board, associates, and members have worked diligently in their new roles to compose a topically diverse introduction to the new volume. We are honored to publish two practitioner articles in this Issue. The first is written by Doctor Joel Timmer, a professor at Texas Christian University. In his article, Doctor Timmer explores whether the First Amendment is implicated by the previous net neutrality regulations imposed in the 2015 Open Internet Order. Doctor Timmer asserts that although it is likely not implicated, reinstated net neutrality rules would not violate the First Amendment because they serve an important government interest in deterring Internet service providers from acting as content gatekeepers. The second practitioner article is penned by Lawrence J. Spiwak, President of the Phoenix Center for Advanced Legal and Economic Public Policy Studies and co-chair of the FCBA Editorial Advisory Board. While most of the net neutrality debate to date has focused on the statutory definitional question of whether broadband internet access should be classified as a information service under Title I or a common carrier telecommunications service under Title II, Mr. Spiwak's article focuses on the more substantive (yet notably neglected) legal problem: the FCC's actual implementation of Title II in its 2015 Open Internet Order. As Mr. Spiwak argues, the FCC violated almost every standard of basic ratemaking in promulgating its 2015 Rules, raising significant due process concerns under the Fifth Amendment. Yet, because the D.C. Circuit's broad extension of Chevron deference in USTelecom condoned this behavior, Mr. Spiwak contends that the D.C. Circuit has established a troubling precedent of administrative law that will likely haunt us for years to come. Additionally, the Journal is excited to feature three timely student Notes. In the first Note, Katherine Krems examines the problem of the 22 million fraudulent comments filed in the FCC's Restoring Internet Freedom proceeding, and proposes that the FCC identify and remove such comments in order to preserve public faith in the FCC rulemaking process. The second Note is written by Laura Nowell, who argues that the Supreme Court should adopt the Fourth Amendment standard held by the Fourth and Ninth Circuits for digital searches at the border. The third Note is penned by John Roberts who discusses the prevalence of fake news on media platforms, and asserts that the Federal Trade Commission should use its authority under the Federal Trade Commission Act to regulate the circulation of such misinformation. The editorial board is appreciative of the FCBA, GW Law, and the outgoing board for the continuous support that played a substantial role in the successful publication of this Issue. This fall, GW Law has generously added Michael Beder as an adjunct professor to guide our members in drafting their Notes. We welcome your feedback or questions to fcli(law.gwu.edu, and please direct submissions for publication consideration to feliarticles(Law.gwu.edu. This Issue and our archive will be available at www.fcli.org. Stephen Conley Editor-in-Chief

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