08
January 2018
Past Event
Can a Federal Agency Regulate the Internet? The Supreme Court Takes Up Berninger v. FCC

Can a Federal Agency Regulate the Internet? The Supreme Court Takes Up Berninger v. FCC

Past Event
Hudson Institute, Washington, D.C. Headquarters
January 08, 2018
08
January 2018
Past Event

1201 Pennsylvania Avenue, N.W., Suite 400
Washington, DC 20004

Speakers:
Daniel Berninger

Consultant, Founder of VCXC

harold_furchtgott_roth
Harold Furchtgott-Roth

Senior Fellow and Director, Center for the Economics of the Internet

At the Federal Communications Commission’s recent open meeting to vote on government control of the internet, FCC Chairman Ajit Pai required a security detail from the Department of Homeland Security. Midway through the meeting, a bomb threat forced the evacuation of the FCC meeting room, underscoring the extent to which the FCC is understood to exercise sole federal authority over internet regulation. But internet architect Daniel Berninger argues that the FCC’s authority is not as overarching as many presume, and is pressing that argument as lead plaintiff in a lawsuit against the FCC first filed in 2015 and scheduled to be heard by the U.S. Supreme Court in 2018. In his complaint, Mr. Berninger asserts that a proper reading of the Constitution, Bill of Rights, and the Communication Act of 1934 (as revised by the Telecommunications Act of 1996) delegates no authority over the internet to the FCC.

On January 8th, Hudson Institute hosted Daniel Berninger to discuss FCC authority over the Internet. Mr. Berninger shareed the details of his 20-year journey leading up the Supreme Court challenge. Harold Furchtgott-Roth, Director of Hudson’s Center for the Economics of the Internet, moderated the conversation.

Related Events
20
April 2026
In-Person Event | Hudson Institute
Postponed | Deterring Russia and China: Securing America’s Nuclear Future
Featured Speakers:
Rebeccah L. Heinrichs
Brandon Williams
Getty Images
20
April 2026
In-Person Event | Hudson Institute
Postponed | Deterring Russia and China: Securing America’s Nuclear Future

Join Senior Fellow and Keystone Defense Initiative Director Dr. Rebeccah Heinrichs and Administrator of the National Nuclear Security Administration Brandon Williams for a discussion on the administration's priorities in strengthening the US nuclear enterprise.

Getty Images
Featured Speakers:
Rebeccah L. Heinrichs
Brandon Williams
23
April 2026
In-Person Event | Invite Only
The New India Conference
Featured Speakers:
Nisha Biswal
Kurt Campbell
Vijay Chauthaiwale
Dattatreya Hosabale
Hemang Jani
Kenneth Juster
Amb. Vinay Kwatra
Ram Madhav
Ashok Malik
Bethany Poulos Morrison
Richard Rossow
Joel Scanlon
Priyanka Chaturvedi
Moderators:
Lisa Curtis
Bill Drexel
Walter Russell Mead
Aparna Pande
Getty Images
23
April 2026
In-Person Event | Invite Only
The New India Conference

Hudson will convene leading policymakers, strategists, and scholars from India, the US, and their international partners to examine India’s transformation under Prime Minister Narendra Modi and its implications for global order, US-India relations, and the balance of power in the Indo-Pacific.

Getty Images
Featured Speakers:
Nisha Biswal
Kurt Campbell
Vijay Chauthaiwale
Dattatreya Hosabale
Hemang Jani
Kenneth Juster
Amb. Vinay Kwatra
Ram Madhav
Ashok Malik
Bethany Poulos Morrison
Richard Rossow
Joel Scanlon
Priyanka Chaturvedi
Moderators:
Lisa Curtis
Bill Drexel
Walter Russell Mead
Aparna Pande
27
April 2026
In-Person Event | Hudson Institute
The Future of the Gulf: Commerce and Security in the Middle East After Operation Epic Fury
Featured Speaker:
Jared Cohen
Moderator:
Mike Gallagher
DVIDS
27
April 2026
In-Person Event | Hudson Institute
The Future of the Gulf: Commerce and Security in the Middle East After Operation Epic Fury

Join Hudson Institute Distinguished Fellow Mike Gallagher for a fireside chat with Jared Cohen, president of global affairs at Goldman Sachs and co-head of the Goldman Sachs Global Institute, for a discussion on the future of the Persian Gulf.

DVIDS
Featured Speaker:
Jared Cohen
Moderator:
Mike Gallagher
17
April 2026
Past Event
Building the Future in Romania and Southeast Europe: A Conversation with Minister Dragoș Pîslaru
Featured Speakers:
Matthew Boyse
Dragoș Nicolae Pîslaru
Getty Images
17
April 2026
Past Event
Building the Future in Romania and Southeast Europe: A Conversation with Minister Dragoș Pîslaru

Join Senior Fellow Matt Boyse and Minister of European Investments Dragoș Nicolae Pîslaru for a fireside conversation about how infrastructure investments are enhancing security and economic resilience in Romania and Southeast Europe.

Getty Images
Featured Speakers:
Matthew Boyse
Dragoș Nicolae Pîslaru