The FCC doesn't have regulatory authority over Netflix.  DOJ would have to pursue them on CP charges (which they should).  It meets the CP (DOST) test. Then Netflix can say "why aren't you going after the tons of websites with the same shit on it?  Like T and FB.  Think about it. https://thehill.com/policy/technology/274847-fcc-in-agreement-agency-cant-regulate-netflix