Via E-Mail March 31, 2021

Ms. Marlene H. Dortch Secretary Federal Communications Commission 45 L Street NE Washington, D.C. 20554

Re: Lincoln Network’s Ex Parte Communication, In the Matter of Section 230 of the Communications Act of 1934, Docket No. RM-11862; Restoring Internet Freedom Order, WC Docket No. 17-108

Dear Ms. Dortch:

On March 30, 2021, Joel Thayer, Outside Counsel for Lincoln Network (“Lincoln”), transmitted an email to Federal Communications Commission (“FCC”) Chairwoman , Commissioner , Commissioner , and Commissioner Nathan Simington. The email provided the Chairwoman and fellow Commissioners with Lincoln’s article posted in the Federalist Society titled “The FCC’s Legal Authority to Regulate Platforms as Common Carriers” (attached hereto).

In short, the article demonstrates that advocates for net neutrality—FCC regulation of ISPs as Title II common carriers—should also be advocates of FCC regulation of platforms under Section 230—a provision of Title II. Moreover, efforts to revoke the FCC’s Restoring Internet Freedom Order by making internet service providers (“ISPs”) out as the problem without due consideration of how such regulation should also affect platforms is a less-than principled approach given the advocates’ stated goals of net neutrality (i.e., preventing a gatekeeping effect on lawful content).

The fact that Section 230 of the Communications Act falls squarely in Title II should merge the often-siloed conversations about net neutrality and Section 230, especially when one considers that both debates attempt to tackle the same underlying policy concern: Ensuring the average consumer can access lawful online content.

JOEL L. THAYER

D I R E C T 202 617 2700 [email protected]

ATTORNEYS AT LAW

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1100 PENNSYLVANIA AVENUE SUITE 300 WASHINGTON, DC 20004-2514 PHONE (202) 617-2799 FAX (202) 617-2799 | PHILLIPSLYTLE.COM

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The article also contends that if the FCC treats one aspect of the internet stack as a public utility, then it must hold the entire internet ecosystem to the same standard so that the policy will better ensure consistent and predictable legal requirements for all internet users and players. If not, then the FCC runs the risk of imposing inconsistent and haphazard enforcement and regulatory policies on internet practices.

Pursuant to the Commission’s rules,1 this ex parte notice is being electronically filed via the Commission’s Electronic Comment Filing System.

Very truly yours,

Joel L. Thayer

PHILLIPS LYTLE, LLP 1101 Pennsylvania Ave., N.W. Suite 300 Washington, DC 20004 202-617-2700

Counsel to Lincoln Network cc: Chairwoman Jessica Rosenworcel Commissioner Geoffrey Starks Commissioner Brendan Carr Commissioner Nathan Simington

1 47 C.F.R. § 1.1206.