US Appeals Court Blocks Biden Administration's Net Neutrality Rules
A US Appeals Court has struck down the Federal Communications Commission's (FCC) attempt to reinstate net neutrality rules supported by the Biden administration, ruling that the agency lacked legal authority for such action.
FCC headquarters entrance Washington DC
The ruling challenges President Biden's 2021 executive order that aimed to restore net neutrality regulations originally implemented under President Obama in 2015 and later repealed during the Trump administration in 2017.
Net neutrality rules mandate that internet service providers (ISPs) must:
- Treat all internet data equally
- Avoid restricting access or slowing speeds
- Prevent content blocking
- Prohibit paid prioritization arrangements for improved network access
The Appeals Court based its decision on the Supreme Court's Loper Bright ruling, which overturned the 1984 precedent allowing government agencies to interpret their own administrative laws.
Incoming FCC Chairman Brendan Carr, who opposed net neutrality reinstatement, praised the court's decision. In his statement, Carr criticized the executive order as an "internet power grab" and highlighted how it departed from the previous bipartisan consensus that had governed internet regulations for nearly three decades.
The ruling represents a significant setback for the Biden administration's internet regulation agenda and maintains the current framework where ISPs have greater flexibility in managing their networks and services. Carr has indicated his intention to continue unwinding what he describes as regulatory overreach in internet governance.
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