This is scary. Conservatives, liberals, and Libertarians alike will be disappointed that Kavanaugh not only rejects the FCC’s reclassification of ISPs under Title II, but seems to also support a broad First Amendment right to “editorial control,” allowing ISPs to selectively block, filter, or modify transmitted data.
A recent report “also mentions Kavanaugh’s support of NSA surveillance: ‘In November 2015, Kavanaugh was part of a unanimous decision when the DC Circuit denied a petition to rehear a challenge to the NSA’s bulk collection of telephone metadata. Kavanaugh was the only judge to issue a written statement, which said that ‘[t]he Government’s collection of telephony metadata from a third party such as a telecommunications service provider is not considered a search under the Fourth Amendment.’ Even if this form of surveillance constituted a search, it wouldn’t be an ‘unreasonable’ search and therefore it would be legal.”
The sad details may be found in an article by Jon Brodkin in the ArsTechnica web site at: http://bit.ly/2NKf96K.