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9th U.S. Circuit Court of Appeals

Sep. 20, 2017

En banc 9th Circuit hears arguments in AT&T ‘data throttling’ case

An en banc panel of the 9th U.S. Circuit Court of Appeals wrestled Tuesday with the 21st century implications of a law signed over 100 years ago by President Woodrow Wilson.

En banc 9th Circuit hears arguments in AT&T ‘data throttling’ case
Judge William A. Fletcher and other members of the 9th Circuit Court of Appeals wrestled with questions about when a company is a common carrier and exempt from Federal Trade Commission authority.

An en banc panel of the 9th U.S. Circuit Court of Appeals wrestled Tuesday with the 21st century implications of a law signed over 100 years ago by President Woodrow Wilson.

At the heart of the debate was a dispute over what constitutes “common carriers subject to the Acts to regulate commerce,” which are exempt from Federal Trade Commission policing under Section Five of the FTC Act of 1914.

The FT...

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