Re: So where is Congress in all this?
"litigation is The American Way."
It's a bit more complex than that. The whole system, I believe, has its roots in the English* system.
The courts sit at the sharp end. The legislature makes the laws but the courts have to interpret them. Whatever's new hits the courts first because it hits individuals (and individual businesses) first and it's the courts to which those individuals have access. The courts will attempt to fit the new reality and law together by setting precedents. They have a lot of experience in that. It's up to the legislature to come along when things have settled a bit and replace what the courts have put together with new law.
In short, courts tackle things bottom up and legislatures tackle things top down; the first is more responsive and the latter, hopefully, a more general solution. Then the cycle starts all over again.
The difference between the UK and the US seems to lie in unelected bodies such as the FCC being able to make what are effectively laws without any of the procedures that apply to normal legislatures.
* English because the system goes way back before the Act of Union, let alone the founding of the US.