Court strikes down US net neutrality rules

A US court has rejected the Biden administration’s attempt 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 defeat for so-called open Internet advocates, who have long fought for protections that would require ISPs 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introduced by the Federal Communications Commission under former Democratic President Barack Obama, but were later repealed during Republican Donald Trump’s first term.

The decision, just as Trump is poised to enter the White House for a second term, is likely to end a long court battle over the issue.

In their decision, the judges noted that different administrations differed on the issue.

But they said the court no longer had to “give deference” to the FCC’s reading of the law, pointing to a recent Supreme Court decision limiting federal agencies’ authority to interpret laws, a decision that critics expect will be used to weaken regulation in the years to come.

“Applying Loper Bright means we can put an end to the FCC’s wavering,” the Sixth Circuit Court of Appeals said.

Brendan Carr, the Republican member of the FCC whom Trump appointed to head the agency, said he was pleased the court invalidated the Biden administration’s “internet power grab.”

The outgoing Democratic FCC commissioner said the decision moved the issue to Congress.

“Consumers across the country have told us time and time again that they need fast, open and fair Internet,” said Jessica Rosenwortzel.

“With this decision, it is clear that Congress must now heed their call, take responsibility for net neutrality, and enshrine the principles of an open internet into federal law.”

The battle for net neutrality was once a hot-button issue in the US, pitting internet service providers against big tech companies like Google and Netflix.

Comedian John Oliver famously urged his audience to voice their support for the rules, leading to a flood of comments that crashed the government’s website.

But that issue has become less important since the rules were lifted in 2018.

Thursday’s ruling does not affect state-level net neutrality laws that offer similar protections in some places.

But advocates such as Mr Oliver said national rules were important to ensure ISPs did not have the power to throttle certain content or charge more for the speedy delivery of their services.

Public Knowledge, a progressive Internet policy group, said the ruling weakened the FCC’s authority to define privacy protections, enforce public safety measures and take other actions.

He said he believed the court erred in ruling that the ISPs were merely offering “information services” and not acting as telecommunications companies.

“The court has created a dangerous regulatory loophole that leaves consumers vulnerable and gives broadband providers unchecked power over Americans’ access to the Internet,” it said.

But USTelecom, an industry group that includes AT&T and Verizon as members, said the decision was “a win for American consumers that will lead to increased investment, innovation and competition in a dynamic digital marketplace.”