Part 10 of the Washington Examiner's 10-part series "With the Stroke of a Pen: How Obama abuses executive power to make the law of the land." Soon after the
At the time, sharing of large computer files through applications like BitTorrent accounted for somewhere between 50 and 90 percent of all internet traffic.
By that time, the principle behind not allowing Internet providers the freedom to manage their own networks -- branded by traditional media and liberal activists as "net neutrality" -- had become an article of faith on the Left.
Every 2008 Democratic presidential candidate, including
And, shortly after he became president, Obama appointed
That act reads: "The commission may perform any and all acts, make such rules and regulations, and issue such orders, not inconsistent with this chapter, as may be necessary in the execution of its functions."
The court rejected this argument, noting that "if accepted, it would virtually free the commission from its congressional tether."
The court then emphasized that "commission counsel told us at oral argument that just as the order seeks to make
Were the court to accept the commission's argument, "we see no reason why the commission would have to stop there."
Obama and Genachowski then could have sought new legislation in
For whatever reason, they didn't. Instead, seven months after Obama lost in federal court, the
This time, however, the commission claimed that section 706 of the 1996 Telecommunications Act gives it authority to regulate broadband.
That is an ironic assertion since section 706 actually calls on the
In fact, as recently as 2009, it was
But losing the
And again it looks like the
During oral arguments
"Isn't that exactly this case?" Judge
Given Obama's long record of ignoring
Part 10 of the Washington Examiner's 10-part series "With the Stroke of a Pen: How Obama abuses executive power to make the law of the land."
Soon after the