Between armenia and azerbaijan. And a major ruling today from the European Unions top court against france the u. K. And belgium the mass surveillance of phone and Internet Data is against the law. 2 men have been found guilty over their role in a Shopping Center attack in kenya 7 years ago a 3rd man was acquitted the suspects have been charged with helping alshabaab fighters carry out the attack at the westgate Shopping Mall in nairobi 67 people were killed during the attack in 20130 Catherine Sawyer joins us live now from nairobi katherine when will we get the sentencing. While the magistrate gives his sentence on the 22nd of october he said the defense lawyers and the prosecutors all agreed to this the prosecutors say that they want the survivors and some of the families that lost their lost loved ones to give their testimonies ahead of that sentencing and the defense lawyers say that they want a presentencing report from the different security organizations now the prosecution case
Fccs decision and the restoring Internet Freedom order was permissible and was, essentially, completely upheld. Its a big win for consumers, its a big win for innovators, big win for investment in broadband in america. And essentially e what the court said was that the fccs decision to regulate Broadband Internet access as an Information Service, as it largely has been for the last 20 years outside of a twoyear period under the title ii order, was permissible. Its consistent with Supreme Court precedent, and this d. C. Circuit was not going to make a determination that the fccs crassification classification was incorrect. Because its within their discretion as the Expert Agency to classify broadband as an Information Service or as a telecommunication service. What it did also say was that the commission and the one area where the commissions decision was vacated, which doesnt come up until page 121 of the report. Everything up to that point was upheld. That, look, the fcc, you dont hav
This week on the communicators, discussion of the recent d. C. Court of appeals decision on internet regulation, also known as Net Neutrality. Joining us to discuss this issue gigi sohn, former fcc chair tom wheelers adviser, currently with the Georgetown Law Institute for technology. And the Senior Vice President at u. S. Telecom, trade Association Patrick halley washington, d. C. Give us of lawyers assessment of what the d. C. Court of appeals ruled. The d. C. Court of appeals ruled that the secs decision was permissible in the industry storing Internet Freedom order. It was completely upheld. It was a big win for consumers and innovators and a big win for broadband in america. Essentially, with the court said was that the secs decision to regulate Broadband Internet access as an Information Service as it largely has been for the last 20 years outside of a twoyear period. Under the title to order, was permissible. It is consistent with Supreme Court precedent and this d. C. Circuit j
Please the court, id like quickly to try to reorient the court to marylands case, and then if i can, address some of the concerns that i heard in the argument that you just had. In this case, the court should reverse and vacate for three reasons. The First Amendment retaliation test that was adopted, a single test was used here, fails to provide a management standard because it does not give courts and legislators the means to distinguish between excessive Political Considerations and those deemed constitutionally acceptable. Was this an excessive political consideration . I dont think it was, your honor. Whether the court may like it or not, this is the norm for states where one party receives more than 60 of the vote in congressional elections, those states have a lineup if thats right, then your defense is not really that we cant tell the difference between excessive and nonexcessive. Under measure this is excessive, isnt it . You only need 10,000 votes to do the population measure
Reverse and vacate for three reasons. The First Amendment retaliation test that was adopted fails to provide a manageable standard because it does not give courts and legislators the means to distinguish between excessive political consideration and those that have been deemed constitutionally acceptable. Was this a political consideration . I dont think it is, your honor. This is the norm where states receive one party receives more than 60 of the vote and congressional elections. If that is right in your defense is not really we cant tell the difference between and nonexcessive. To doly need 10,000 votes the population measure. Moved 66,000kers republicans out of the district, flips the composition of the district from 47 republicans and 36 democrats to 45 democrats. Effectively insuring the republicans will never win this seat again, and maryland, which has 35 republicans is going to have one Republican House member for the foreseeable future. How is that not excessive . We assume i