Judge Scirica notes the incredible challenges in determining the size and use of the internet. As it continues to rapidly grow, pinpointing exact numbers are very difficult. He does not agree with the premise that only news reported by 'news organizations' is news, and therefore many little groups, shops, and organizations use their websites to post local 'news'. Due to his disagreement on the definition of 'news', and the difficulty overall in pinpointing internet numbers, he does not believe there is sufficient enough proof that the FCC was incorrect in its determination, and as such should be given deference.