Posts in "Federal court"

Adam Fowler's picture
By Adam Fowler at 9:10PM

FCC Intent on Regulating Net

Just like when the mediums of radio and television were new technologies, the Federal Communications Commission (FCC) is power-hungry once again to regulate a new medium. And it is moving full-steam ahead, despite a recent court ruling limiting the ability of the Commission to regulate.

At question is the FCC's goal to ensure so-called "network neutrality." The Commission has been concerned with actions by internet service providers (ISPs) to limit or block the ability of users to access certain services or content over their networks. It had proposed implementing new rules restricting the ability of ISPs to do so. The only problem: According to the D.C. Circuit Court of Appeals, the FCC has no statutory basis to justify such regulation.

But, FCC Chairman Julius Genachowski is still pursuing the Commission's larger broadband internet plan. The likely results of such added meddling in the free market by a government regulatory agency will be less competition and more government control. This has always been the case with the FCC, whose statutory authority under the Communications Act has been to regulate in the name of the nebulous "public interest" -- however that may be defined by regulators at any given time.


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Rachel Kania's picture
By Rachel Kania at 6:12PM

Police Force Being Questioned in California

Following an  incident in Cornonado, California, where a police officer tased a man not wearing his seatbelt, a federal appeals court is questioning the use of Tasers.  When is it appropriate to use the a Taser? Michael Gennaco, who has conducted internal reviews of Taser use for the LAPD, comments on the decision made in the 9th circuit ruling:

This decision talks about the need for an immediate threat. . . . Some departments allow Tasers in cases of passive resistance, such as protesters who won't move," he said. Tasering for "passive resistance is out the door now with this decision. Even resistance by tensing or bracing may not qualify.

Still, there is a need to question the use of Tasers all together. Can we trust the officer to use the Taser "appropriately" and only at a time when the person refuses to comply with the officer's orders?  I don't believe so.


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