Getty ImagesA US court has rejected the Biden administration’s bid to restore “net neutrality” rules, finding that the federal government does not have the authority to regulate internet providers like utilities.
It marks a major setback for advocates of the so-called open Internet, who have long fought for protections that would require Internet providers like AT&T to treat all legal content equally.
Such rules were first introduced by the Federal Communications Commission under former Democratic President Barack Obama, but were later repealed during the first term of Republican Donald Trump.
The decision, which comes as Trump prepares to enter a second term in the White House, will likely end a long-running legal battle over the issue.
In their ruling, the justices noted that various administrations have pushed back on the issue.
But he said the court is no longer required to give “deference” to the FCC’s reading of the law, pointing to a recent Supreme Court decision that limits federal agencies’ authority to interpret the rules. , a decision that critics expect will be used to undermine regulation. in the coming years.
“Applying Looper Bright means we can end the FCC’s disruption,” the Sixth Circuit Court of Appeals said.
Brandon Carr, a Republican member of the FCC tapped by Trump to lead the agency, said he was pleased the court had struck down the Biden administration’s “internet power grab.”
The outgoing Democratic commissioner of the FCC said the decision puts the matter in the hands of Congress.
“Consumers across the country have told us time and time again that they want an Internet that’s fast, open and fair,” said Jessica Rosenworcel.
“This decision makes it clear that Congress now needs to act on their demand, take responsibility for net neutrality, and enshrine open internet principles in federal law.”
The battle over net neutrality was once a heated issue in the US, pitting internet providers against tech giants like Google and Netflix.
Comedian John Oliver famously urged his audience to voice support for the rules, leading to a deluge of comments that crashed the government’s site.
But since the repeal of the rules in 2018, the problem has gone away significantly.
Thursday’s order does not affect state-level net neutrality laws, which offer similar protections in some places.
But lawyers, like Mr. Oliver, have said national laws are important to prevent Internet providers from throttling certain content or charging higher prices for faster delivery of their services.
Public Knowledge, a progressive-leaning Internet policy group, said the decision undermined the FCC’s power to shape privacy protections, enforce public safety measures and take other steps.
He said he believed the court erred in ruling that Internet service providers were merely offering an “information service” rather than acting as telecommunications companies.
“The court has created a dangerous regulatory vacuum that leaves consumers vulnerable and gives broadband providers unchecked power over Americans’ access to the Internet,” she said.
But USTelecom, an industry group whose members include AT&T and Verizon, said the decision was “a victory for American consumers that will lead to more investment, innovation and competition in a dynamic digital market.”