Net neutrality may have hit its final hurdle. In a new decision filed todaythe Sixth Circuit US Court of Appeals ruled that the FCC lacked “statutory authority” to enforce net neutrality rules. In court first rules blocked in August 2024 when the case at the center of today's judgment was filed.
Net neutrality broadly aims to prevent internet service providers (ISPs) from giving preferential treatment to specific users or content. This prevents things like a service provider charging a streaming service for faster speeds, or the throttling of a particular website. Every app, website, and user should be treated equally under net neutrality, making the rules essential to a free, fair and open internet.
Since net neutrality rules first placed in 2015the FCC's argument is that its classification of ISPs as “telecommunications services” under Title II of the Communications Act of 1934 gives it broad authority to regulate them. The decision to redefine ISPs as “information services” during the first Trump Administration led to the repeal of net neutrality in 2017.
The current FCC voted on restore net neutrality on April 25 of this year, but the difference between 2015 and now is the Supreme Court's recent, radical reinterpretation of an important legal doctrine. In June 2024, the Supreme Court filed two decisions that reversed the Chevron doctrinea framework that basically says that if Congress won't weigh in on an issue, courts should defer to government agencies' interpretation. Now, the interpretation is up to the individual judge, and the Sixth Circuit disagreed with the FCC's argument.
Net neutrality rules will remain in place California and other states, but anything at the federal level would require either an act of Congress or for this case an appeal to (and succeed in front of) the Supreme Court. Engadget contacted the FCC to see if it plans to appeal and will update this article if we hear back.
“Consumers across the country have told us time and time again that they want internet that's fast, open, and fair,” said FCC Chair Jessica Rosenworcel in a statement following the decision. “With this decision it is clear that Congress now needs to heed their call, accept the charge for net neutrality, and enshrine open internet principles in federal law.”
