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Mike Adkins at a net neutrality protest in February, 2018. Photo: Win McNamee/Getty Images

The net neutrality litigation cycle continues Friday as a three-judge panel considers a challenge to the Federal Commission Commission repeal of its own previous regulations for internet providers.

Why it matters: From AT&T's purchase of Time Warner to Comcast's Netflix competitor, internet service providers are increasingly getting into the content game, raising questions about whether they will try to use their pipes to boost their content businesses.

The bottom line: Net neutrality backers, which includes public interest groups and tech companies, want to see the repeal struck down — restoring regulations from 2015. The FCC wants things to stay as they are.

  • The case is being heard by three DC Circuit Court of Appeals judges: Patricia Millett, Robert Wilkins and Stephen Williams.

The panel of judges is facing multiple questions:

  • Did the FCC rightfully change broadband's status under the law? In 2015, the agency treated it more like a utility, which gave it more authority to ban practices like blocking, throttling or creating fast lanes for content. The FCC will say the Supreme Court affirmed its authority to treat internet service providers the way it did and that this lower court shouldn't contradict its ruling.
  • Was the process the FCC used to repeal the rules appropriate? Regulators aren't allowed to make rules that are "arbitrary and capricious" and the FCC's opponents say that's exactly what happened. The FCC will say it met its obligations.

What they're saying: Both sides are — no surprise — projecting optimism.

  • "We are confident that the Restoring Internet Freedom Order will be upheld in court," said FCC chief of staff Matthew Berry in a statement.
  • “Net neutrality is an essential consumer protection that everyone online deserves, and this case is the fight to save it," said Danelle Dixon, the chief operating officer of Mozilla, the named plaintiff battling the FCC in court.

Go deeper

Trump pressures Barr to release so-called Durham report

Bill Barr. Photo: Jabin Botsford/The Washington Post via Getty Images

President Trump and his allies are piling extreme pressure on Attorney General Bill Barr to release a report that Trump believes could hurt perceived Obama-era enemies — and view Barr's designation of John Durham as special counsel as a stall tactic, sources familiar with the conversations tell Axios.

Why it matters: Speculation over Barr's fate grew on Tuesday, with just 49 days remaining in Trump's presidency, after Barr gave an interview to the Associated Press in which he said the Justice Department has not uncovered evidence of widespread fraud that could change the election's outcome.

CDC to cut guidance on quarantine period for coronavirus exposure

A health care worker oversees cars as people arrive to get tested for coronavirus at a testing site in Arlington, Virginia, on Tuesday. Photo: Olivier Douliery/AFP via Getty Images

The CDC will soon shorten its guidance for quarantine periods following exposure to COVID-19, AP reported Tuesday and Axios can confirm.

Why it matters: Quarantine helps prevent the spread of the coronavirus, which can occur before a person knows they're sick or if they're infected without feeling any symptoms. The current recommended period to stay home if exposed to the virus is 14 days. The CDC plans to amend this to 10 days or seven with a negative test, an official told Axios.

  • The CDC did not immediately respond to a request for comment.
4 hours ago - Health

CDC panel: COVID vaccines should go to health workers, long-term care residents first

Hospital staff work in the COVID-19 intensive care unit in Houston. Photo: Go Nakamura via Getty

Health-care workers and nursing home residents should be at the front of the line to get coronavirus vaccines in the United States once they’re cleared and available for public use, an independent CDC panel recommended in a 13-1 emergency vote on Tuesday, per CNBC.

Why it matters: Recent developments in COVID-19 vaccines have accelerated the timeline for distribution as vaccines developed by Pfizer and Moderna undergo the federal approval process. States are preparing to begin distributing as soon as two weeks from now.