US appeals court rules against efforts to restore net neutrality

Net neutrality may have reached its final hurdle. c new decision filed todayThe US Sixth Circuit Court of Appeals ruled that the FCC lacked the “statutory authority” to enforce net neutrality rules. First the court block rules in August 2024 when the case at the center of today’s decision was filed.

Net neutrality generally seeks to prevent Internet Service Providers (ISPs) from providing preferential treatment to specific users or content. This prevents things like a service provider charging a streaming service for higher speeds or throttling a specific website. Every app, website and user should 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 introduced 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 powers 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 yes restore net neutrality on April 25 from this year, but the difference between 2015 and now is the recent, radical reinterpretation of an important legal doctrine by the Supreme Court. In June 2024 The Supreme Court filed two decisions which overturned Chevron doctrinea framework that basically says that if Congress doesn’t rule on an issue, courts must defer to government agencies’ interpretation. The interpretation is now 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 that matter, to be appealed to (and succeed in) the Supreme Court. Engadget has 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 an Internet that’s fast, open and fair,” said FCC Chair Jessica Rosenworcel in a statement after the decision. “With this decision, it’s clear that Congress must now heed their call, take responsibility for net neutrality, and enshrine the principles of an open internet in federal law.”