Senator Yah Youbetcha, a Unites States senator from North Dakota, recently read

Question

Senator Yah Youbetcha, a Unites States senator from North Dakota, recently read several scholarly, peer-reviewed research studies indicating a correlation between watching cat videos online and the release of high levels of dopamine in the brain consistent with dopamine secretions in the brains of cocaine and methamphetamine users. Of course, an addict’s brain gains tolerance for dopamine, which requires perpetually increased levels of dopamine, eventually causing damaged or otherwise impaired brain function. Even though the study reflects a strong correlation between cat video consumption and dopamine levels, the data do not prove that the videos cause this effect because the studies did not consider the possible influence of the study participants’ other behavioral or environmental factors. Regardless, Senator Youbetcha relies on the data to introduce potential legislation prohibiting the uploading and consumption of online cat videos. Ultimately, Congress passes the Feline Internet Control Act (FICA), which prohibits the uploading and consumption of online cat videos. The FICA enabling legislation included the creation the Feline Internet Control Commission, a sub-agency of the FCC exclusively devoted to administering the FICA. The FICC creates a rule allowing it to monitor internet user behavior by receiving monthly reports from internet access providers documenting user website traffic. Mr. Dontchaknow is a Wisconsin resident and has a YouTube channel devoted to cat videos, which he uses for uploading such videos. He files a claim in federal court requesting the court to declare that: (1) the federal government does not have jurisdiction over internet-based activities of citizens (which would invalidate the FICA); and (2) even if the federal government has jurisdiction over internet-based activities, the FICA is unconstitutional; and (3) EVEN if there is federal jurisdiction and the FICA is constitutional, the FICC regulation is unconstitutional. You are the federal court judge that needs to decide the case. Prepare a decision/opinion ruling on each of Mr. Dontchaknow’s three issues.

Explanation / Answer

1. The claim of Mr. Dontchaknow’s stating that the Federal Government does not have jusrisdiction over the Internet based activiites of citizens are ruled out here since the Government has moral responsibility of each and every individual's activites in their country. They will be able to set permissions for websites which they caa access. On the other hand though it is like obstructing the individual's right to browse but the Government can intervene and restrict certain websites if they are found harmful. Hence this issue of Mr. Dontchaknow’s is invalidated and the intervention of Government and FICA is validated here.

2. When the Federal Government has jurisdiction over the Internet based activities then it should definitely have an agency to monitor the activities of the individual. Hence the presence of FICA cannot go unconstitutional. FICA will have the terms and policies of the Act pertaining to the upload of CAT videos. Hence presence of FICA is definitely constitutional.

3. Mr. Dontchaknow’s statement of calling FICC unconstitutional is completely ruled out in this case since for the policies of FICC to get constitutional they should have a monitoring agency which can monitor and present their views on the consumer behaviour. The FICA is the Act based on which legal decisions are arrived upon whereas FICC is the agency which will act as a regulating body which in turn will monitor and present its observations on the consumer behaviour for every month. Hence the regulations of FICC is very much constitutional.

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