Net neutrality may have hit its final hurdle. In a new decision presented todayThe US Court of Appeals for the Sixth Circuit ruled that the FCC does not have the “statutory authority” to implement net neutrality rules. The court first blocked the rules in August 2024, when the lawsuit at the center of today's ruling was filed.
Net neutrality broadly seeks to prevent Internet service providers (ISPs) from giving preferential treatment to specific users or content. That avoids things like a service provider charging a streaming service for faster speeds or throttling a specific website. All apps, websites, and users are supposed to be treated equally under net neutrality, making the rules an integral part of a free, fair, and open Internet.
Since net neutrality rules were first implemented in 2015, the FCC's argument has been 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 to 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 presented two rulings that canceled the Chevron doctrinea framework that basically said that if Congress does not intervene on an issue, the courts are supposed to defer to the interpretation of government agencies. Now, interpretation is up to the individual judge, and the Sixth Court disagrees with the FCC's argument.
Net neutrality rules will remain in California and other states, but anything at the federal level will require an act of Congress or, in this case, being appealed to (and successful before) 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 an Internet that is fast, open and fair,” said FCC Chairwoman Jessica Rosenworcel. in a statement after the ruling. “With this decision, it is clear that Congress must now heed its call, take responsibility for net neutrality, and incorporate open Internet principles into federal law.”
