The US Court of Appeals rules against the effort to restore net neutrality

Net neutrality may have run its course. In a new decision presented todaythe Sixth Circuit US Court of Appeals ruled that the FCC lacked “statutory authority” to implement net neutrality rules. First the court blocked the rules in August 2024 when the process in the center of today’s sentence was presented.

Net neutrality largely seeks to prevent Internet Service Providers (ISPs) from giving preferential treatment to specific users or content. That prevents things like a service provider charging a streaming service for faster speeds, or limiting a specific website. Every app, website and user should be treated equally in net neutrality, making the rules integral to a free, fair and open internet.

Since net neutrality rules were first put in place in 2015The FCC’s argument has been that its classification of ISPs as “telecommunications services” under Title II of the Communications Act of 1934 gives it broad authority to regulate. The decision to redefine ISPs as “information services” during the first Trump administration brought the repeal of net neutrality in 2017.

The current FCC voted restore net neutrality on April 25 of this year, but the difference between 2015 and now is the recent radical reinterpretation of the Supreme Court of an important legal doctrine. In June 2024, the Supreme Court presented two decisions that overturned the Chevron doctrinea framework that basically said that if Congress does not weigh in on an issue, the courts are supposed to defer to the interpretation of government agencies. Now, the interpretation is up to the individual judge, and the Sixth Circuit disagreed with the FCC’s argument.

Net neutrality rules will remain California and other states, but something at the federal level will require either an act of Congress or for this case be appealed to (and successful before) the Supreme Court. Engadget has reached out to the FCC to see if it plans to appeal and will update this article if we hear back.

“Consumers across the country have told us time and time again that they want fast, open and fair Internet,” said Jessica Rosenworcel, FCC chairwoman. in a statement after the sentence. “With this decision, it’s clear that Congress now needs to hear their call, take charge of net neutrality, and put open internet principles into federal law.”