Net neutrality may have hit its final hurdle. IN new decision made todayThe U.S. Court of Appeals for the Sixth Circuit has ruled that the Federal Communications Commission does not have the “legal authority” to implement net neutrality rules. First the trial blocked the rules in August 2024 when the lawsuit that became the basis for today's decision was filed.
Net neutrality generally aims to prevent Internet service providers (ISPs) from giving preferential treatment to specific users or content. This prevents things like your service provider from charging you for faster speeds or throttling a particular website. Every app, website, and user is supposed to be treated equally under net neutrality, making the rules an integral part of a free, fair, and open Internet.
Because net neutrality rules were first installed in 2015The FCC's argument was that the classification of Internet service providers as “telecommunications services” under Title II of the Communications Act of 1934 gave it broad authority to regulate them. The decision to redefine ISPs as “information services” during the first Trump administration led to Repeal of net neutrality in 2017.
The current Federal Communications Commission has voted in favor of restore net neutrality on April 25. this year, but the difference between 2015 and now is the Supreme Court's recent radical rethinking of an important legal doctrine. In June 2024, the Supreme Court issued two decisions, according to which canceled Chevron doctrinea structure that essentially states that unless Congress weighs in on the issue, courts must defer to government agencies' interpretation. Interpretation is now left to the individual judge, and the Sixth Court disagrees with the FCC's argument.
Net neutrality rules will remain in effect. California and other states, but anything that happens at the federal level will require either an act of Congress or an appeal (and success) to the Supreme Court. Engadget has reached out to 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 a fast, open and fair Internet,” said FCC Chairwoman Jessica Rosenworcel. in the statement following the resolution. “With this decision, it is clear that Congress must now heed their call, take responsibility for net neutrality, and incorporate the principles of an open Internet into federal law.”