The federal net neutrality rules, which came back from the dead for a short time Under the Biden administration, there are Rejected by the Sixth Circuit Court of Appeals,
A three-judge panel ruled that the Federal Communications Commission (FCC) does not have the authority to enforce net neutrality rules on Internet service providers (ISPs). The FCC sought to reclassify ISPs as common carriers under Title II of the Communications Act to prevent them from implementing policies to prevent them from discriminating against different Internet traffic, such as slowing speeds or blocking content.
But the judge disagreed with the agency's interpretation of how ISPs could be classified and emboldened its The recent collapse of Chevron honorA legal doctrine that directs courts to defer to regulatory agencies in many cases. after supreme court scrapped that theory In 2024, courts became more free to favor their own interpretations over the decisions of expert agencies. net neutrality was It was seen as a prime target for immediate destruction. Without beamWhile the D.C. Circuit Court of Appeals upheld previous iterations of net neutrality, the Sixth Circuit judges noted that it relied on beam making it happen. “Unlike previous challenges that the D.C. Circuit had considered beamWe can no longer respect the FCC's reading of the statute,” he writes.
“We acknowledge that the functioning of the Internet is complex and dynamic, and the FCC has significant expertise in overseeing 'this technical and complex area,'” the ruling says, citing a prior decision. after the fall of beamIt continues, “That 'ability' cannot be used to overwrite the plain meaning of the statute, if you wish.”
This left judges free to speak philosophically about phrases such as “offering capacity” and “information services”, clearly articulating the differences between those and more regulated telecommunications services. Part of the judgment reads, “The existence of a fact or idea in one's mind is not 'information' like the 0's and 1's used by a computer.” It claims that “Speaking reduces thought to sound, and writing reduces thought to text…During a phone call, the person speaking creates audio information, which the telephone service transmits to an interlocutor. , which in turn responds,” but “crucially, the telephone service only transmits what a speaker makes; it does not transmit information.”
Net neutrality was in danger even before this decision The issue came to light in a lawsuit filed against the FCC by broadband industry associations. The appeal court made already blocked With net neutrality rules coming into effect. during oral argument In October, three Republican-appointed judges chastised lawyers about the correct interpretation of the Communications Act and respect for agency expertise. With President-elect Donald Trump – under whom Net neutrality was already repealed – Due to take over in just a few weeks, this may be the last we hear about the effort to reclassify broadband providers as common carriers for some time.
FCC Chairwoman Jessica Rosenworcel called on lawmakers to take up the responsibility of creating rules to protect the open Internet. “Consumers across the country have told us repeatedly that they want an Internet that is fast, open, and fair,” she says. statement“It is clear from this decision that Congress now needs to heed their call, take charge of net neutrality, and enshrine open Internet principles in federal law.”
Republican Commissioner Brandon Carr, Trump's choice to lead the agency after taking office, issued a long statement described the decision as “a good victory for the country”. He calls the net neutrality rules an attempt by the Biden administration to “expand government control over every feature of the Internet ecosystem” and says pursuing regulations is a waste of time. While he is pleased with the decision, he added, “The Biden administration's work to dismantle regulatory overreach will continue.”
Former FCC Chairman Ajit Pai, who previously led the movement to repeal the rule during the Trump administration, took a victory lap on x“For a decade, I have argued that so-called 'net neutrality' rules are illegal (not meaningless),” he wrote. “Today, that's exactly what happened in the Sixth Circuit.”