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FCC urges courts to ignore 5th Circuit ruling that agency can’t issue fines (arstechnica.com)

submitted 1 week ago by [email protected] to c/[email protected]

9 comments fedilink hide all child comments

The Federal Communications Commission is urging two federal appeals courts to disregard a 5th Circuit ruling that guts the agency's ability to issue financial penalties.

On April 17, the US Court of Appeals for the 5th Circuit granted an AT&T request to wipe out a $57 million fine for selling customer location data without consent. The conservative 5th Circuit court said the FCC "acted as prosecutor, jury, and judge," violating AT&T's Seventh Amendment right to a jury trial.

The ruling wasn't a major surprise. The 5th Circuit said it was guided by the Supreme Court's June 2024 ruling in Securities and Exchange Commission v. Jarkesy, which held that "when the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial." After the Supreme Court's Jarkesy ruling, FCC Republican Nathan Simington vowed to vote against any fine imposed by the commission until its legal powers are clear.

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[–] [email protected] 4 points 1 week ago

I guess that means I can broadcast over cell frequencies now.

[–] [email protected] 16 points 1 week ago (1 children)

It's weird that corporations merit due process, while actual humans go without. Right? That's weird, right?

[–] [email protected] 8 points 1 week ago (1 children)

Counter argument: if corporations are suspected of any crimes, the FTC should ignore all court orders, pack up their offices, and send the equipment to El Salvador.

[–] [email protected] 3 points 1 week ago

Yeah I’m sure somewhere in the AT&T datacenters I saw some server or printer or something labelled MS-13

[–] [email protected] 34 points 1 week ago (2 children)

This is getting very little press outside of this. The FCC can no longer fine? WTF? AT&T must be very happy with that ruling last year.

Now the Republicans want to bring fines back, probably to go after those they deem as enemies.

[–] [email protected] 11 points 1 week ago

The FCC can no longer fine? WTF?

Hell yes! Here comes the pirate radio station I've always wanted to run.

[–] [email protected] 6 points 1 week ago (1 children)

Yeah, I almost commented but couldn't figure out who to root for here. The 5th Circuit is basically a right-wing agenda rubber stamp machine, but the FCC, as led by Carr, is definitely not the good guy either.

Is this a "let them fight" situation?

[–] [email protected] 3 points 1 week ago (1 children)

Maybe? I'm sure the corporations don't want the fines to go through and would love to see the fight as well.

[–] [email protected] 2 points 1 week ago

May the least-worst faction win, I guess.