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The court of appeal ruled on Thursday that the Federal Communications Commission (FCC) does not have the legal authority to reinstate the rules
This week has seen a US appeals court strike a major blow to the Biden administration’s aspirations of restoring net neutrality, ruling that the FCC does not have the power to enforce such regulations.
Net neutrality is the concept that all internet users and internet traffic should be treated equally by service providers. This paradigm means that providers may not block, slow down, or charge different rates for specific online content. Championed by the Democrats for over a decade and formally introduced as a ruleset by the Obama administration, net neutrality was then rescinded in 2018 during the Trump presidency.
As a paradigm, net neutrality has been highly political since its inception, with left-leaning Democrats arguing that net neutrality principles are necessary for a fair and open internet, while right-leaning Republicans see it as heavy-handed and unnecessary regulation of the free market.
Joe Biden made the reinstatement of net neutrality a focal point of his election campaign, issuing an executive order encouraging the FCC to reinstate the rules in 2021.
Now, following this new ruling from a US appeals court, it seems that net neutrality’s return is unlikely.
The courts new ruling hinges on a new precedent set by the US supreme court case (the ‘Loper Bright’ case) last summer. This case saw a previous precedent – known as the 1984 Chevron doctrine – overturned, ruling that only the judiciary should have the power to interpret the law in ambiguous cases, rather than federal agencies like the FCC.
Since previous net neutrality rulings by the FCC rested on their interpretation of ambiguous regulatory law via the Chevron doctrine, these arguments are no longer valid.
“Applying Loper Bright means we can end the FCC’s vacillations,” read the court ruling.
In reaction to the ruling, FCC chair Jessica Rosenworcel argued that it was now necessary for Congress to enshrine net neutrality principles into federal law.
“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,” she said.
However, with Congress majority controlled by anti-net neutrality Republicans, it seems unlikely that this call to action will bear fruit – at least during the incoming Trump administration.
Republican FCC Commissioner Brendan Carr, on the other hand, was much more positive about the ruling, describing net neutrality regulations as the Biden government’s “internet power grab”.
Brendan Carr is set to take over as FCC chair under the incoming Trump administration.
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