The Sixth Circuit Court of Appeals has overturned Biden administration rules aimed at preventing internet service providers from favoring certain websites or apps. This decision, based on the Supreme Court's recent Loper Bright ruling, raises concerns about the future of consumer protections and the role of regulatory agencies.
The Sixth Circuit Court of Appeals struck down rules introduced by the Biden administration that would have prevented internet service providers from favoring some apps or websites over others. This marks the end of a decades-long fight for a more equitable internet and could signal what lies ahead for other consumer protections. The Federal Communications Commission aimed to prevent broadband providers from engaging in bandwidth discrimination, slowing speeds for certain customers or sites.
These protections existed under the Obama administration but were rolled back in 2017. While the immediate impact might not be significant, the court's reasoning is more alarming than the ruling itself. The three-judge panel frequently cited Loper Bright Enterprises v. Raimondo, a recent Supreme Court decision that overturned Chevron deference, a legal doctrine requiring courts to defer to regulatory agencies when interpreting unclear laws. Now, courts can decide for themselves, potentially shaping policy in various areas like tech, environment, and healthcare. Critics argue that Congress should clarify agencies' authority to interpret laws, but this seems unlikely in the current political climate. Outgoing FCC chair Jessica Rosenworcel still hopes Congress will codify net neutrality, but for now, the regulatory landscape remains uncertain. However, there's some good news. California's net neutrality law, which went into full effect in 2021, offers some protection nationwide. While not as comprehensive as advocates hoped, it's a step in the right direction
NET NEUTRALITY REGULATION COURTS FCC CONGRESS
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