Getty Images
A US court has rejected the Biden administration’s attempt to reinstate “net neutrality” rules, ruling that the federal government does not have the authority to regulate internet service providers like utilities.
This marks a major defeat for so-called open Internet advocates, who have long fought for protections that would force Internet providers such as 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introduced by the Federal Communications Commission under former Democratic President Barack Obama, but were later repealed during Republican Donald Trump’s first term.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 move, as Trump prepares to enter the White House for a second term, likely ends the long legal battle over the issue.
In their decision, the judges noted that different administrations have held discussions 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 ruling that limits the power of federal agencies to interpret laws, a ruling which critics say will be used to weaken regulation. in the years to come.
“Enforcing Loper Bright means we can put an end to the FCC’s hesitation,” the Sixth Circuit Court of Appeals said.
Brendan Carr, a Republican FCC member who Trump picked to lead the agency, said he was glad the court struck down the Biden administration’s “internet takeover.”
The outgoing Democratic FCC commissioner said the ruling sends the issue back to Congress.
“Consumers across the country have told us time and time again that they want fast, open and fair internet,” said Jessica Rosenworcel.
“With this decision, it is clear that Congress must now answer their call, take responsibility for net neutrality, and enshrine the principles of the open Internet into federal law.”
The fight over net neutrality was once a hot topic in the United States, pitting internet service providers against big tech companies such as Google and Netflix.
Comedian John Oliver urged his audience to voice their support for the rules, prompting a deluge of comments that crashed the government website.
But the issue has lost importance since the rules were repealed in 2018.
Thursday’s ruling does not affect national net neutrality laws, which in some places offer similar protections.
But advocates, like Mr. Oliver, said state rules are important to prevent Internet providers from having the power to limit certain content or charge more for quickly providing their service.
Public Knowledge, a progressive-leaning internet policy group, said the decision weakened the FCC’s power to shape privacy, implement public safety measures and take other actions.
He believes the court erred in ruling that Internet service providers were simply offering an “information service” rather than acting as telecommunications companies.
“The court created a dangerous regulatory loophole that leaves consumers vulnerable and gives broadband providers unlimited power over Americans’ internet access,” he said.
But USTelecom, an industry group that includes AT&T and Verizon, said the move was “a victory for American consumers that will lead to more investment, innovation and competition in the dynamic digital marketplace.”
