In a significant ruling on Thursday, a U.S. appeals court blocked the Biden administration’s attempt to reinstate net neutrality regulations, dealing a setback to efforts aimed at ensuring an open and fair internet. The three-judge panel of the 6th U.S. Circuit Court of Appeals ruled that the Federal Communications Commission (FCC) lacked the legal authority to restore the landmark rules originally implemented in 2015 under President Obama and repealed in 2017 under President Trump.
Net neutrality regulations are designed to prevent internet service providers (ISPs) from throttling, blocking, or prioritizing certain internet traffic. The rules also prohibit ISPs from offering paid fast lanes or favoring specific users, ensuring a level playing field for all online activity.
The court’s decision was influenced by the Supreme Court’s June ruling in Loper Bright, which overturned a long-standing precedent that typically allowed federal agencies considerable discretion in interpreting the laws they enforce. In light of this, the 6th Circuit ruled that the FCC could no longer reinstate the net neutrality rules without explicit Congressional authorization. “Applying Loper Bright means we can end the FCC’s vacillations,” the court stated, signaling a broader trend of curbing the authority of federal agencies.
The ruling represents a blow to the Biden administration, which had made restoring net neutrality a priority. President Joe Biden signed an executive order in 2021 urging the FCC to reinstate the rules, but the court’s decision leaves the future of federal oversight of internet regulation in limbo. While several states, including California, have passed their own net neutrality rules, the decision effectively ends over 20 years of federal efforts to provide comprehensive oversight of the internet.
FCC Chairman Jessica Rosenworcel responded to the ruling by urging Congress to act. “Consumers across the country have told us again and again that they want an internet that is fast, open, and fair. With this decision, it is clear that Congress now needs to heed their call, take up the charge for net neutrality, and put open internet principles into federal law,” she said in a statement.
On the other side, industry groups celebrated the ruling. USTelecom, which represents companies like AT&T and Verizon, called it a “victory for American consumers,” claiming that it would encourage more investment, innovation, and competition in the digital marketplace. Former FCC Chairman Ajit Pai also weighed in, stating that the ruling should put an end to the push for net neutrality and shift focus to “improving Internet access and promoting online innovation.”
Despite this setback, advocates for net neutrality remain resolute. The decision could still be appealed to the Supreme Court, where further challenges may be raised.
Read more:
Judicial Conference Rejects Request To Investigate Justice Thomas For Ethics Violations
Generative AI To Transform Legal Scholarship, According To Suffolk Law Dean
Amazon Faces Lawsuit For Alleged Self-Dealing With Forfeited 401(K) Funds