Mozilla Corp. v. Federal Communications Commission, 100119 FEDDC, 18-1051

Docket Nº:18-1051, 18-1052, 18-1053, 18-1054, 18-1055, 18-1056, 18-1061, 18-1062, 18-1064, 18-1065, 18-1066, 18-1067, 18-1068, 18-1088, 18-1089, 18-1105
Opinion Judge:PER CURIAM.
Party Name:Mozilla Corporation, Petitioner v. Federal Communications Commission and United States of America, Respondents City and County of San Francisco, et al., Intervenors
Attorney:Pantelis Michalopoulos and Kevin Kendrick Russell argued the causes for non-government petitioners. With them on the joint briefs were Cynthia L. Taub, Markham C. Erickson, Michael A. Cheah, Brian M. Willen, Donald J. Evans, Sarah J. Morris, Matthew F. Wood, Colleen Boothby, James N. Horwood, Til...
Judge Panel:Before: Millett and Wilkins, Circuit Judges, and Williams, Senior Circuit Judge. Millett, Circuit Judge, concurring. Wilkins, Circuit Judge, concurring. Williams, Senior Circuit Judge.
Case Date:October 01, 2019
Court:United States Courts of Appeals, Court of Appeals for the District of Columbia Circuit
 
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Mozilla Corporation, Petitioner

v.

Federal Communications Commission and United States of America, Respondents

City and County of San Francisco, et al., Intervenors

Nos. 18-1051, 18-1052, 18-1053, 18-1054, 18-1055, 18-1056, 18-1061, 18-1062, 18-1064, 18-1065, 18-1066, 18-1067, 18-1068, 18-1088, 18-1089, 18-1105

United States Court of Appeals, District of Columbia Circuit

October 1, 2019

Argued February 1, 2019

On Petitions for Review of an Order of the Federal Communications Commission

Pantelis Michalopoulos and Kevin Kendrick Russell argued the causes for non-government petitioners. With them on the joint briefs were Cynthia L. Taub, Markham C. Erickson, Michael A. Cheah, Brian M. Willen, Donald J. Evans, Sarah J. Morris, Matthew F. Wood, Colleen Boothby, James N. Horwood, Tillman L. Lay, Jeffrey M. Bayne, Katherine J. O=Konski, Andrew J. Schwartzman, Harold J. Feld, and Lisa A. Hayes. Keenan P. Adamchak and Kevin S. Bankston, entered appearances.

Stephanie Weiner argued the cause for intervenors Internet Association et al. et al. in support of petitioners. With her on the briefs were Christopher J. Wright, Scott Blake Harris, E. Austin Bonner, Matt Schruers, John A. Howes, Jr., and Anthony R. Segall. Maria K. Myers entered an appearance.

Danielle L. Goldstein and Steven C. Wu, Deputy Solicitor General, Office of the Attorney General for the State of New York, argued the causes for government petitioners. With them on the briefs were Barbara D. Underwood, Attorney General at the time the brief was filed, Office of the Attorney General for the State of New York, Arocles Aguilar, Helen M. Mickiewicz, Lisa-Marie G. Clark, Kimberly Lippi, Ester Murdukhayeva, Assistant Solicitor General, Office of the Attorney General for the State of New York, Greta Hansen, Xavier Becerra, Attorney General, Office of the Attorney General for the State of California, Sarah E. Kurtz, Deputy Attorney General, Nicklas A. Akers, Senior Assistant Attorney General, George Jepsen, Attorney General, Office of the Attorney General for the State of Connecticut, Jonathan J. Blake, Assistant Attorney General, Jeffrey T. Pearlman, Phillip R. Malone, Matthew P. Denn, Attorney General, Office of the Attorney General for the State of Delaware, Christian D. Wright, Director, Consumer Protection, Thomas J. Miller, Attorney General, Office of the Attorney General for the State of Iowa, Benjamin E. Bellus, Assistant Attorney General, Russell A. Suzuki, Attorney General at the time the brief was filed, Office of the Attorney General for the State of Hawaii, Clyde J. Wadsworth, Solicitor General, Lisa Madigan, Attorney General, Office of the Attorney General for the State of Illinois, David Franklin, Solicitor General, Andrew G. Beshear, Attorney General, Office of the Attorney General for the Commonwealth of Kentucky, Maura Healey, Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts, Jared Rinehimer, Assistant Attorney General, Janet T. Mills, Attorney General at the time the brief was filed, Office of the Attorney General for the State of Maine, Brendan O=Neil, Assistant Attorney General, Brian E. Frosh, Attorney General, Office of the Attorney General for the State of Maryland, Richard L. Trumka, Jr., Assistant Attorney General, Lori Swanson, Attorney General, Office of the Attorney General for the State of Minnesota, Joseph C. Meyer, Assistant Attorney General, Hector Balderas, Attorney General, Office of the Attorney General for the State of New Mexico, Tania Maestas, Deputy Attorney General, James M. Hood, Attorney General, Office of the Attorney General for the State of Mississippi, Crystal Utley Secoy, Special Assistant Attorney, Gurbir S. Grewal, Attorney General, Office of the Attorney General for the State of New Jersey, Jeremy M. Feigenbaum, Assistant Attorney General, Joshua H. Stein, Attorney General, Office of the Attorney General for the State of North Carolina, Kevin Anderson, Senior Deputy Attorney General, Peter Kilmartin, Attorney General, Office of the Attorney General for the State of Rhode Island, Michael W. Field, Assistant Attorney General, Ellen F. Rosenblum, Attorney General, Office of the Attorney General for the State of Oregon, Andrew Shull, Senior Assistant Attorney General, Josh Shapiro, Attorney General, Office of the Attorney General for the Commonwealth of Pennsylvania, Michael J. Fischer, Chief Deputy Attorney General, Thomas J. Donovan, Jr., Attorney General, Office of the Attorney General for the State of Vermont, Christopher J. Curtis, Chief, Public Protection Division, Karl A. Racine, Attorney General, Office of the Attorney General for the District of Columbia, Loren L. AliKhan, Solicitor General, Mark R. Herring, Attorney General, Office of the Attorney General for the Commonwealth of Virginia, Samuel T. Towell, Deputy Attorney General, Robert W. Ferguson, Attorney General, Office of the Attorney General for the State of Washington, Tiffany Lee, Assistant Attorney General, Dennis J. Herrera, and William K. Sanders. Bryan C. Yee, Deputy Attorney General, Office of the Attorney General for the State of Hawai=i, Sarah E. Kurtz, Deputy Attorney General, Office of the Attorney General for the State of California, Michael C. Wertheimer, Assistant Attorney General, and John S. Story, Attorney, Office of the Attorney General for the State of Connecticut, Theresa C. Mueller, Jennifer M. Murphy, and James B. Ramsey, entered appearances.

Christopher Jon Sprigman was on the brief for amici curiae Members of Congress in support of petitioners.

Mitchell Stoltz and Corynne McSherry were on the brief for amicus curiae Electronic Frontier Foundation in support of petitioners.

Christopher T. Bavitz was on the brief for amicus curiae Engine Advocacy in support of petitioners.

MacKenzie Fillow, Edward N. Siskel, Michael P. May, and Karen L. Moynahan were on the brief for amici curiae The City of New York and 27 other local governments, mayors and municipal organizations in support of petitioners.

Allen S. Hammond, IV was on the brief for amici curiae Professors of Administrative, Communications, Energy, Antitrust, and Contract Law and Policy in support of petitioners.

Jessica L. Ellsworth and Matthew Higgins were on the brief for amici curaie The American Council on Education and 19 other education and library associations in support of petitioners.

Henry Goldberg and Devendra T. Kumar were on the brief for amicus curiae eBay Inc. in support of petitioners.

Adrienne E. Fowler was on the brief for amicus curiae Twilio Inc. in support of petitioner.

Andrew Jay Schwartzman and James T. Graves were on the brief for amicus curiae Consumer Reports in support of petitioners.

Thomas H. Vidal was on the brief for amici curiae Professors Scott Jordan and Jon Peha in support of petitioners.

Michael J. Burstein was on the brief for amici curiae Professors of Communications Law in support of petitioners.

Paul Goodman and Yosef Getachew were on the brief for amici curiae Common Cause, et al. in support of petitioners and vacation of the order.

William Michael Cunningham, pro se, was on the brief for amicus curiae William Michael Cunningham in support of the public interest.

Thomas M. Johnson Jr, General Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Kristen C. Limarzi and Nickolai G. Levin, Attorneys, U.S. Department of Justice, David M. Gossett, Deputy General Counsel, Federal Communications Commission, Jacob M. Lewis, Associate General Counsel, and James M. Carr and Scott M. Noveck, Counsel. Robert J. Wiggers, Attorney, U.S. Department of Justice, and Richard K. Welch, Deputy Associate Counsel, Federal Communications Commission, entered appearances.

Jonathan E. Nuechterlein argued the cause for ISP intervenors. On the brief were Michael K. Kellogg, Scott H. Angstreich, Helgi C. Walker, Andrew G.I. Kilberg, Miguel A. Estrada, Matthew A. Brill, Matthew T. Murchison, Jeffrey A. Lamken, and Stephen E. Coran. C. Frederick Beckner, III, Rick Chessen, Kellam M. Conover, Neal M. Goldberg, Theodore B. Olson, and Michael S. Schooler entered appearances.

Ken Paxton, Attorney General, Office of the Attorney General for the State of Texas, Kyle D. Hawkins, Solicitor General, and John C. Sullivan, Assistant Solicitor General, were on the brief for amici curiae The States of Texas, et al. in support of respondents.

Lawrence J. Spiwak was on the brief for amicus curiae Phoenix Center for Advanced Legal and Economic Public Policy Studies in support of respondents.

Tara M. Corvo and Jonathan Markman were on the brief for amici curiae Richard Bennett, et al. in support of respondents.

Thomas R. McCarthy was on the brief for amici curiae Washington Legal Foundation, et al. in support of respondents.

John D. Seiver, Daniel P. Reing, and Sarah Oh were on the brief for amicus curiae The Technology Policy Institute in support of respondents.

Charles Kennedy and James Dunstan were on the brief for amicus curiae TechFreedom in support of respondents.

Arthur J. Burke was on the brief for amicus curiae Information Technology and Innovation Foundation in support of respondents.

Robert N. Weiner was on the brief for amici curiae The Georgetown Center for Business and Public Policy and Nine Prominent Economists and Scholars in support of respondents.

Leonid Goldstein, pro se, was on the brief as an intervenor in support of respondents.

John P. Elwood, Matthew X. Etchemendy, Peter C. Tolsdorf, Kevin W. Brooks, Dileep S. Srihari, and Daryl Joseffer were on the brief for amici curiae The National Association of Manufacturers, et al. in support of respondents.

David P. Murray was on the brief for amici curiae The International...

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