Don't the FCC's own regulations say that ISPs aren't common carriers? Don't recent acts of Congress (e.g. the Telecommunications Act) overrule ancient common law precedents?
Only if the adjudicators agree with statute and regulation -- and there is clear parallel with every other application of common carrier law, so what the courts should be finding is that the ISPs are de facto and de jure common carriers, despite legislation to the contrary. To put it technically, they are the same in essence, and the rule of law says that when two things are the same in essence, they cannot be treated differently.
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Don't the FCC's own regulations say that ISPs aren't common carriers? Don't recent acts of Congress (e.g. the Telecommunications Act) overrule ancient common law precedents?
Only if the adjudicators agree with statute and regulation -- and there is clear parallel with every other application of common carrier law, so what the courts should be finding is that the ISPs are de facto and de jure common carriers, despite legislation to the contrary. To put it technically, they are the same in essence, and the rule of law says that when two things are the same in essence, they cannot be treated differently.