R.I.P.: Net Neutrality Dealt Final Defeat

A U.S. appeals court ruled on Thursday the FCC did not have legal authority to reinstate landmark net neutrality rules.

Reuters reports the decision is a blow to the outgoing Biden administration that had made restoring the open internet rules a priority. President Joe Biden signed a 2021 executive order encouraging the FCC to reinstate the rules.

A three-judge panel of the Cincinnati-based 6th U.S. Circuit Court of Appeals said the FCC lacked authority to reinstate the rules initially implemented in 2015 by the agency under Democratic former President Barack Obama, but then repealed by the commission in 2017 under Republican former President Donald Trump.

Net-neutrality rules require internet service providers to treat internet data and users equally rather than restricting access, slowing speeds or blocking content for certain users. The rules also forbid special arrangements in which ISPs give improved network speeds or access to favored users.

The court cited the Supreme Court’s June decision in a case known as Loper Bright to overturn a 1984 precedent that had given deference to government agencies in interpreting laws they administer, in the latest decision to curb the authority of federal agencies. “Applying Loper Bright means we can end the FCC’s vacillations,” the court ruled.The decision leaves in place state neutrality rules adopted by California and others but may end more than 20 years of efforts to give federal regulators sweeping oversight over the internet.

Incoming FCC Chair Brendan Carr voted against the reinstatement last year and praised the decision to invalidate what he called Biden’s “internet power grab.” He vowed to unwind additional regulations.

FCC Chair Jessica Rosenworcel called on Congress to act after the decision. “Consumers across the country have told us again and again that they want an internet that is fast, open, and fair. With this decision it is clear that Congress now needs to heed their call, take up the charge for net neutrality, and put open internet principles in federal law,” Rosenworcel said in a statement.

USTelecom, an industry group whose members include AT&T and Verizon, said in a joint statement with other groups that sued that the ruling is “a victory for American consumers that will lead to more investment, innovation, and competition in the dynamic digital marketplace.”

History of Net Neutrality

Net neutrality, the principle ensuring equal internet access, has undergone significant developments since its inception. Here's a comprehensive timeline:

Early Days (1990s-2003)

• Internet's Early Years: The internet's decentralized nature and lack of regulation fostered innovation and growth.
• Telecommunications Act of 1996: This US law aimed to promote competition and deregulation in telecommunications.
• Emergence of Broadband: Cable and DSL internet expanded, raising concerns about internet service provider (ISP) control.

Net Neutrality's Beginnings (2003-2007)

• Tim Wu's Concept: Columbia Law professor Tim Wu coined "net neutrality" in 2003, advocating for equal internet access.
• FCC's Internet Policy Statement (2005): The Federal Communications Commission (FCC) outlined principles for broadband providers.
• Network Neutrality Act (2006): Proposed US legislation aimed to prevent ISPs from discriminating against content.

Regulatory Battles (2008-2015)

• Comcast v. FCC (2010): The court ruled the FCC lacked authority to regulate ISPs.
• Open Internet Order (2010): The FCC reclassified ISPs as telecommunications services, enforcing net neutrality.
• Verizon v. FCC (2014): The court struck down the Open Internet Order.
• Net Neutrality Rules (2015): The FCC reclassified ISPs as common carriers under Title II.

Repeal

• Tom Wheeler's FCC (2013-2017): Wheeler championed net neutrality.
• Ajit Pai's FCC (2017-2021): Pai repealed net neutrality rules.