Seth E. Mermin , Samantha K. Graff , and Thomas Bennigson , Public Good Law Center, Berkeley, California, for Amici Curiae Consumers Union, Consumer Federation of America, Consumer Federation of California, Consumer Action, National Association of Consumer Advocates, National Consumers League, Center for Digital Democracy, Center for Democracy & Technology, Electronic Privacy Information Center, Benton Foundation, Common Sense Kids Action, and Privacy Rights Clearinghouse.
Paul K. Ohm , Professor, Georgetown University Law Center, Washington, D.C.; William McGeveran , Associate Professor, University of Minnesota Law School, Minneapolis, Minnesota; for Amici Curiae Data Privacy and Security Law Professors.
Andrew Jay Schwartzman and Laura Moy , Institute for Public Representation, Georgetown University Law Center, Washington, D.C., for Amicus Curiae Social Justice Organizations.
Before: Sidney R. Thomas, Chief Judge, and Stephen Reinhardt, Susan P. Graber, M. Margaret McKeown, William A. Fletcher, Johnnie B. Rawlinson, Milan D. Smith, Jr., N. Randy Smith, Jacqueline H. Nguyen, Paul J. Watford and Michelle T. Friedland, Circuit Judges.
OPINION
McKEOWN, Circuit Judge:
Although this case began as an effort by the Federal Trade Commission ("FTC") to address AT&T Mobility's "data throttling" — a practice by which the company reduced customers' broadband data speed without regard to actual network congestion — the central issue is one of agency jurisdiction...
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