Court strikes down US net neutrality rules

A US court rejected the Biden administration’s attempt to restore “net neutrality” rules, finding that the federal government does not have the authority to regulate internet providers, like public utilities.

It marks a major defeat for so-called open Internet advocates, who have long fought for protections that would require Internet providers like AT&T to treat all legal content equally.

These rules were first introduced by the Federal Communications Commission during former Democratic President Barack Obama’s administration, but were later repealed during Republican Donald Trump’s first term.

The decision, just as Trump is about to enter the White House for a second term, is likely to end the long legal battle over the issue.

In their decision, the judges noted that different administrations have gone back and forth on the issue.

But they said the court no longer had to give “deference” to the FCC’s reading of the law, pointing to a recent Supreme Court decision that limits the authority of federal agencies to interpret laws, a decision that the Critics hope it will be used to weaken regulation. in the years to come.

“Enforcement of Loper Bright means we can put an end to the FCC’s dithering,” the Sixth Circuit Court of Appeals said.

Brendan Carr, a Republican FCC member whom Trump has tapped to lead the agency, said he was pleased the court had invalidated the Biden administration’s “internet takeover.”

The outgoing Democratic FCC commissioner said the ruling referred the issue to Congress.

“Consumers across the country have told us time and time again that they want an Internet that is fast, open and fair,” said Jessica Rosenworcel.

“With this decision, it is clear that Congress now needs to heed its call, take responsibility for net neutrality, and include open Internet principles in federal law.”

The fight over net neutrality was once a hot topic in the United States, pitting internet providers against big tech companies like Google and Netflix.

Comedian John Oliver urged his audience to express their support for the rules, sparking a flood of comments that crashed the government site.

But the issue has become less important since the rules were repealed in 2018.

Thursday’s ruling does not affect state-level net neutrality laws, which in some places offer similar protections.

But advocates, like Oliver, have said national rules are important to prevent Internet providers from having powers to limit certain content or charge more for quick delivery of their service.

Public Knowledge, a progressive-leaning Internet policy group, said the decision had weakened the FCC’s power to shape privacy protections, implement public safety measures and take other actions.

He said he believed the court had been wrong to rule that internet service providers 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 unlimited power over Americans’ Internet access,” he said.

But USTelecom, an industry group whose members include AT&T and Verizon, said the decision was “a victory for American consumers that will lead to more investment, innovation and competition in the dynamic digital marketplace.”