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

handle is hein.journals/fedcom71 and id is 1 raw text is: 


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

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

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