A US court rejected the Biden administration’s request to reinstate “net neutrality” rules, finding that the federal government does not have the authority to regulate Internet service providers like utilities.
It marks a major defeat for so-called open Internet advocates, who have long fought for protections that would require Internet service providers like AT&T to treat all legal content equally.
Such rules were first introduced by the Federal Communications Commission under former Democratic President Barack Obama, but were later repealed during Republican Donald Trump’s first term.
The decision, just as Trump is poised to enter the White House for a second term, likely puts an end to a long-running legal battle over the issue.
In their decision, the judges noted that different administrations had gone back and forth on the issue.
But they said the court no longer had to give “deference” to the FCC’s interpretation of the law, pointing to a recent Supreme Court decision limiting federal agencies’ authority to interpret the law, a decision that critics expect will be used to weaken regulations in the years ahead. .
“Applying Loper Bright means we can end the FCC’s vacillation,” the Sixth Circuit Court of Appeals said.
Brendan Carr, the Republican FCC member Trump picked to lead the agency, said he was pleased the court struck down the Biden administration’s “internet power grab.”
The FCC’s outgoing Democratic commissioner said the decision took the issue to Congress.
“Consumers across the country have told us time and time again that they want an internet that’s fast, open and fair,” said Jessica Rosenworcel.
“This decision makes it clear that Congress must now heed their call, take responsibility for net neutrality, and put the principles of an open internet into federal law.”
The fight over net neutrality was once a heated issue in the US, pitting internet providers against big tech companies like Google and Netflix.
Comedian John Oliver famously called on his audience to voice their support for the rules, leading to a flurry of comments that took down the government’s website.
But that issue has lost ground since the rules were lifted in 2018.
Thursday’s ruling does not affect state-level net neutrality laws, which offer similar protections in some places.
But advocates, like Mr. Oliver, said national rules are important to prevent ISPs from having the power to throttle certain content or charge more to deliver their services quickly.
Public Knowledge, a progressive Internet policy group, said the ruling weakened the FCC’s power to shape privacy protections, enforce public safety measures and take other actions.
It said it believed the court erred in ruling that ISPs were simply offering an “information service” rather than acting as telecommunications companies.
“The court has created a dangerous regulatory loophole that leaves consumers vulnerable and gives broadband providers unchecked power over Americans’ Internet access,” it said.
But USTelecom, an industry group whose members include AT&T and Verizon, said the decision was “a win for American consumers that will lead to more investment, innovation and competition in a dynamic digital marketplace.”
