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The federal net neutrality rules, which briefly came back from the dead under the Biden administration, have been struck down by the Sixth Circuit Court of Appeals. The three-judge panel ruled that the Federal Communications Commission (FCC) does not have the authority to impose net neutrality rules on internet service providers (ISPs). This decision marks a significant blow to the open-internet movement and has far-reaching implications for consumers, ISPs, and lawmakers alike.
The FCC had sought to reclassify ISPs as common carriers under Title II of the Communications Act in order to impose policies meant to prevent them from discriminating against different internet traffic. However, the judges disagreed with the agency’s interpretation of how ISPs could be classified and were emboldened by the recent downfall of Chevron deference, a legal doctrine that instructed courts to defer to regulatory agencies in many cases.
The Impact on Net Neutrality
Net neutrality was already in danger even before this ruling came out — in a suit filed against the FCC by broadband industry associations. The appeals court had already blocked the net neutrality rules from taking effect. During oral arguments, the three Republican-appointed judges prodded attorneys about the correct interpretation of the Communications Act and about deference to agency expertise.
“Consumers across the country have told us again and again that they want an internet that is fast, open, and fair,” said FCC Chair Jessica Rosenworcel in a statement. “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 in federal law.”
Rosenworcel’s comments highlight the need for lawmakers to step in and create rules to safeguard the open internet. However, it remains to be seen whether Congress will take up this mantle or continue to allow ISPs to self-regulate.
The Future of Net Neutrality
The Sixth Circuit’s decision has significant implications for the future of net neutrality. With President-elect Donald Trump due to take office in mere weeks, this could be the last we hear about the attempt to reclassify broadband providers as common carriers for a while. However, advocates of an open internet will likely continue to push for legislation that protects consumers and promotes competition.
Republican Commissioner Brendan Carr, Trump’s pick to lead the agency once he assumes office, issued a lengthy statement calling the ruling “a good win for the country.” He called net neutrality rules an attempt by the Biden administration to “expand the government’s control over every feature of the Internet ecosystem” and said the push for the rules was a waste of time.
“For a decade, I’ve argued that so-called ‘net neutrality’ regulations are unlawful (not to mention pointless),” wrote former FCC Chair Ajit Pai on X. “Today, the Sixth Circuit held exactly that.”
Conclusion
The Sixth Circuit’s decision marks a significant blow to the open-internet movement and has far-reaching implications for consumers, ISPs, and lawmakers alike. As advocates of an open internet continue to push for legislation that protects consumers and promotes competition, it remains to be seen whether Congress will take up this mantle or continue to allow ISPs to self-regulate.
Photo by TJ Dragotta on Unsplash
References
1. FCC.gov. “Statement by Chair Jessica Rosenworcel on the Sixth Circuit’s Decision” [PDF]. Retrieved 2023-02-20.
2. AjitPai.com. “Ajit Pai Celebrates Victory on X”. Retrieved 2023-02-20.
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