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Tech Policy Podcast

#215: The Net Neutrality CRA: Yay or Nay?

Tech Policy Podcast

TechFreedom

Technology

4.845 Ratings

🗓️ 7 February 2018

⏱️ 44 minutes

🧾️ Download transcript

Summary

The effort to overturn FCC’s Restoring Internet Freedom Order already has 50 Senators signed onto the Congressional Review Act - a vehicle chosen by Senate Democrats in attempt to bring back Obara-era net neutrality regulations. To break down what a CRA is and the prospects of its passage we have invited the leading experts in the field: Gigi Sohn - a Distinguished Fellow at the Georgetown Law Institute for Technology Law & Policy, a Mozilla Fellow, Counselor to the Former FCC Chairman Wheeler and Berin Szóka, President of TechFreedom.

Transcript

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0:00.0

Welcome to Tech Policy Podcast. I'm Ashken Kazarian. Don't put dirt on that neutrality's grave just yet.

0:08.5

The Congressional Review Act is the law by which Republican Congress and Trump administration have recently eliminated 14 of President Obama's midnight regulations by passing laws called resolutions of disapproval.

0:21.4

But Democrats just recently rediscovered their love for the CRA, trying to use it to bring back

0:27.5

the Obama-era-in-adern-ad neutrality regulations.

0:30.5

To discuss the CRA, I have a privilege of hosting Gigi Zon, a distinguished fellow at the

0:35.6

Georgetown Law Institute for Technology Law and Policy,

0:39.0

a Mozilla fellow, and a counselor to the former chairman of the FCC, Tom Wheeler, who has passed

0:46.1

the Net and Child Regulations in 2015. Also, we're joined by El Comandante of Tech Freedom,

0:52.8

Baron Zolk. Thanks for having me.

0:55.3

So, Baron, do you want to give us a brief recap of what CRA is and how it works?

0:59.5

So it's the Congressional Review Act.

1:01.2

It was one of the things that the House Republicans back under the contract for America

1:05.4

that they passed in the mid-90s.

1:07.6

And it's a procedure for disapproving of a major rule undertaken by an administrative

1:14.1

agency. So it has two effects. It undoes that thing, whatever that rule is, and it precludes

1:21.7

the agency from doing anything substantially similar. So as we discussed last time, it's been used

1:27.2

fairly rarely until last year.

1:31.1

Republicans last year did pass 15 CRAs to undo Obama era regulatory actions. But before that, it had

1:36.9

really only successfully been used once. So now this CRA that's being discussed, it's not quite ripe yet because it can't actually move

1:46.6

until the restoring Internet Freedom Order that the FCC published last year has actually

1:52.6

been both published in the Federal Register and sent to Congress in a report.

1:56.9

So once that happens, the CRA will go before the Senate Commerce Committee, and the Senate Commerce

...

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