Net neutrality rules have been axed again, this time thanks to a ruling from the U.S. Court of Appeals for the Sixth Circuit, The New York Times reports.
These rules were first codified in 2015 and broadly aimed to regulate internet providers like utilities to create a more open, accessible internet. Net neutrality ensured, for instance, that internet providers couldn’t restrict access to certain content, slow or accelerate connection speeds, or hamstring connectivity for customers who didn’t pay premium fees.
Net neutrality was later scrapped during the Trump administration, but in April 2024, the Federal Communications Commission (FCC) voted to restore it. These rules would’ve likely been repealed again during Trump’s second term (Brendan Carr, the incoming FCC chair, is an outspoken net neutrality critic); but the Sixth Circuit was able to undo them thanks to a recent Supreme Court ruling that significantly hobbled the ability of federal agencies to impose regulations.
In its decision, the appeals court cited the Supreme Court’s Loper Bright ruling from last June, which overturned the 40-year legal doctrine (known as “Chevron deference”) that gave federal agencies the power to interpret the laws they administer. “Applying Loper Bright means we can end the FCC’s vacillations,” the ruling stated.
Judge Richard Allen Griffin (appointed by George W. Bush) went on to say that while the FCC “has significant expertise in overseeing” the internet, it ultimately “lacks the statutory authority to impose its desired net-neutrality policies.”
Net neutrality’s biggest opponents have often been major cable and telecom companies, such as Comcast and AT&T. Meanwhile, some of its biggest defenders have been tech behemoths like Google, Facebook, and Netflix, but also consumer and artist advocacy groups.
Carr, the incoming FCC chair, said in a statement that he was “pleased” with the decision, adding, “The work to unwind the Biden administration’s regulatory overreach will continue.”
The Sixth Circuit ruling will not have any effect on states that have implemented their own net neutrality rules, like Colorado, California, and Washington. Jessica Rosenworcel, a Democrat and current chairwoman of the FCC, called on Congress to implant net neutrality rules and “put open internet principles in federal law.”
