The federal net neutrality rules, which Came back from the dead for a while Under the Biden administration, has been Appeals denied by the Sixth Circuit Court.
A three-judge panel ruled that the Federal Communications Commission (FCC) does not have the authority to enforce net neutrality rules on Internet Service Providers (ISPs). The FCC sought to reclassify ISPs as common carriers under Title II of the Communications Act so that they could implement policies to prevent them from discriminating against different Internet traffic, such as slowing speeds or restricting content. to block
But the justices disagreed with the agency’s interpretation of how ISPs can be classified and who The recent collapse of Chevron honorsA legal principle that has directed courts to defer to regulatory agencies in many cases. After the Supreme Court Eliminated that principle In 2024, courts became more free to base their own interpretations on the decisions of expert agencies. There was net neutrality was immediately seen as a prime target to be killed without Chevron. While the D.C. Circuit Court of Appeals upheld previous iterations of net neutrality, the Sixth Circuit judges noted that it relied on Chevron To do this. “Unlike previous challenges that the D.C. Circuit considered ChevronWe no longer value the FCC’s reading of the statute,” they write.
“We recognize that the functioning of the Internet is complex and dynamic, and that the FCC has significant expertise in overseeing ‘this technical and complex area,'” the ruling says, citing an earlier ruling. After the fall of ChevronIt continues, “That ‘power,’ if you will, cannot be used to overwrite the plain meaning of the statute.”
This left judges free to wax philosophical about phrases like “offering capacity” and “information services”, finely parsing the differences between them and more heavily regulated telecommunications services. “The existence of a fact or idea in one’s mind is not ‘information’ like the 0s and 1s used by a computer,” reads part of the ruling. It asserts that “speaking reduces an idea to sound, and writing reduces an idea to text … During a phone call, a person creates audio information by speaking, which the telephone service transmits to an interlocutor. sends, which in turn responds,” but “importantly, telephone service only transmits what a speaker makes; it does not access information.”
Net neutrality was already in jeopardy before this decision came to light – in a lawsuit filed against the FCC by broadband industry associations. The appeal court c Already blocked Net neutrality rules apply. During the oral argument In October, three Republican-appointed judges asked attorneys to properly interpret the Communications Act and respect the agency’s expertise. With President-elect Donald Trump — under whom Net neutrality was first rejected – With the takeover in mere weeks, this may be the last we hear of an attempt to reclassify broadband providers as common carriers for some time.
FCC Chair Jessica Rosenworcel called on lawmakers to work on creating rules to protect an open Internet. “Consumers across the country have told us time and time again that they want a fast, open and fair Internet,” she says in one. statement. “With this decision it is clear that Congress now needs to heed their call, take the charge for net neutrality, and enshrine open internet principles in federal law.”
Commissioner Brandon Carr, a Republican, has been chosen to lead the agency after Trump takes office. issued a lengthy statement Called the ruling “a good victory for the country”. He calls the net neutrality rules an attempt by the Biden administration to “extend government control over every aspect of the Internet ecosystem” and says the push for the rules was a waste of time. While he is pleased with the decision, he adds, “the work to unravel the regulatory overreach of the Biden administration will continue.”
Former FCC Chairman Ajit Pai, who led the movement to repeal the rule during the first Trump administration, X took a victory lap. “For over a decade, I have argued that so-called ‘net neutrality’ regulations are illegal (not to mention pointless),” he wrote. “Today, the Sixth Circuit held exactly the same.”
