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Overnight Tech: Net neutrality is sticking around | Ryan's reg agenda takes a shot at the FCC | DC data fail?

LEDE: Net neutrality regulations will be around for the foreseeable future, and even Republican critics are resigned to that fact.

Democrats and the White House on Tuesday hailed a decision by the U.S. Court of Appeals for the D.C. Circuit that upheld all of the Federal Communications Commission's rules regulating the conduct of companies that provide monthly internet service to customers.

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Telecom companies who sued to block the rules have not given up, and they quickly vowed to fight the case to the Supreme Court. But Republicans have come to the conclusion that they will not be able to block the rules in Congress while President Obama remains in office.

"I would," Rep. Greg Walden (R-Ore.) said, when asked if he foresaw the rules remaining this year. "Because we're not in session that much. And you'd have to have 60 [votes] in the Senate, or do it in a budget reconciliation -- neither of which we have." For more on the GOP response, click here. And click here, for the reaction from Democratic presidential candidates Hillary ClintonHillary Diane Rodham ClintonSchumer: 'The big lie is spreading like a cancer' among GOP America departs Afghanistan as China arrives Young, diverse voters fueled Biden victory over Trump MORE and Bernie SandersBernie SandersWyden: Funding infrastructure with gas tax hike a 'big mistake' The Hill's Morning Report - Presented by Facebook - Biden, Congress drawn into pipeline cyberattack, violence in Israel The Memo: Outrage rises among liberals over Israel MORE.

THE OPINION: The entire ruling is here. Included in it is the 115-page opinion by Judge David Tatel and Judge Sri Srinivasan. The dissenting opinion by Judge Stephen Williams runs 69 pages

THE APPEAL: Critics of the rules have two options to appeal. After failing in front of a three-judge panel at the D.C. Circuit, they could appeal to the entire circuit court to decide or they can appeal straight to the Supreme Court. AT&T, one of the companies suing, said in a statement that it always expected the case "to be decided by the Supreme Court."

THUNE KEEPING THE FLAME (SORT OF) ALIVE: Senate Commerce Committee Chairman John ThuneJohn Randolph ThuneBiden-McConnell cold war unlikely to end at White House Top female GOP senator compares Cheney ousting to 'cancel culture' GOP braces for wild week with momentous vote MORE said he still hoped that lawmakers could work out a compromise on the issue. But like Walden, he also said it could come after President Obama leaves the White House. "I still think that a legislative solution is a much better approach and Congress needs to be heard from," Thune said, but he acknowledged that could take some time. 'It's hard to say. Until I have an opportunity to circle back with Bill NelsonClarence (Bill) William NelsonChina fires back after NASA criticism of rocket debris reentry The Hill's Morning Report - Presented by Facebook - Infrastructure, Cheney ouster on deck as Congress returns NASA criticizes China after rocket debris lands in Indian Ocean MORE and his staff and figure out kind of where they are on this, I don't think we'll know that for sure but it's possible it could be in another, future administration," he said.

DON'T HOLD YOUR BREATH: It isn't clear whether there's an appetite among Democrats to tweak the internet rules, now that the court battle has gone their way. "You know, it's the ruling we wanted," said Sen. Brian Schatz (D-Hawaii). "The reason to work on legislation was that both sides of this debate had the possibility of an adverse ruling. Now that it's been settled by the courts, there's less of an incentive to legislate."

SENATE COMMERCE TO MARK UP BROADBAND BILL: The Senate Commerce Committee on Wednesday will mark up a bill exempting small internet providers from transparency requirements in the net neutrality rules. Thune hinted the bill wasn't expected to be heavily amended beyond a manager's amendment. "I think it's going to be pretty smooth," he said.

GOP REGULATORY AGENDA TAKES SHOTS AT FCC: House Republicans' regulatory agenda that was unveiled on Tuesday includes some harsh criticism of the Federal Communications Commission. The GOP's 57-page regulatory agenda took shots at the agency's net neutrality rules and its lack of transparency. The party said the agency "provides a good example of the many issues discussed throughout this paper: outdated statutes, outdated rules, a lack of transparency, and the need for reform."

DC OPEN DATA FAIL?: The D.C. Board of Elections this week attempted to explain why it published an online list of D.C. voters, their party affiliations and their addresses. After a number of security researchers raised concerns about the list ahead of Tuesday's primary vote, the board said that is required to do so as a matter of law. The law, it said, is meant to give people the opportunity to challenge another voter's eligibility. Despite the law, a number of people on social media described it as an "open data fail."

 

ON TAP:

At 6:30 p.m., the Fashion Innovation Alliance is having a showcase on the future of technology and manufacturing.

 

IN CASE YOU MISSED IT:

A hacking group affiliated with the Russian government has infiltrated the Democratic National Committee (DNC), stealing two files of opposition research on presumptive Republican nominee Donald TrumpDonald TrumpKinzinger, Gaetz get in back-and-forth on Twitter over Cheney vote READ: Liz Cheney's speech on the House floor Cheney in defiant floor speech: Trump on 'crusade to undermine our democracy' MORE.

Apple is ramping up its commitment to encryption.

Facebook on Tuesday rolled out a global set of tools it said would help in cases where users are thinking suicidal thoughts or considering self-harm.

Wireless carriers are clashing with the Federal Communications Commission over proposed regulations that could thwart their ambitions of expanding in the mobile advertising business.

President Obama "looks forward to signing" a bill to expand public access to federal records, the White House said Tuesday.

Federal Chief Information Officer Tony Scott is pleading for industry and government officials to support a $3.1 billion modernization plan for the government’s out-of-date technology systems.

A federal appeals court on Tuesday upheld the Federal Communication Commission's "net neutrality" rules in a big final-year win for the Obama administration.

Democratic presidential candidates Hillary Clinton Bernie Sanders on Tuesday applauded a court decision upholding net neutrality.

Republican lawmakers on Tuesday said they were still weighing how to move forward after a court upheld the Federal Communications Commission's (FCC) sweeping rules to ensure net neutrality across the web.

 

Please send tips and comments to David McCabe, dmccabe@thehill.com and Mario Trujillo, mtrujillo@thehill.com

Follow us on Twitter: @dmccabe@_mariotrujillo@HilliconValley