Just read FCC v. AT&T, 582 F3rd 490, United States Court of Appeals-3rd Circuit. The court remanded this case back to the Federal Communications Commission to determine whether disclosure of certain e-mails, names, other documents to the FCC by AT&T would amount to an unwarranted invasion of personal privacy.
The court held that the personal privacy exemption under the Freedom of Information Act was also applicable to AT&T because corporations were defined as persons under the statute. It appears instead that the FCC would rather the U.S. Supreme Court (see docket no. 09-1279) define once and for all what an unwarranted invasion of personal privacy is and more importantly clarify that FOIA defines corporations as persons.
That’s fine by me. A decision in favor of AT&T would pay dividends for broadband access providers. Even if net neutrality is not codified by statute (which it won’t be), being able to claim that a broadband access provider is exempt from providing requested information to third parties during a law enforcement action is a positive benefit not only to companies but also to their subscribers.
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