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US Appeals Court Blocks Biden Administration's Bid to Reinstate Net Neutrality Rules

share-iconThursday, January 02 comment-icon2 weeks ago 6 views
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US Appeals Court Blocks Biden Administration's Bid to Reinstate Net Neutrality Rules

Credited from: SCMP

A US appeals court has ruled against the Biden administration's attempt to restore net neutrality rules, a legal framework initially implemented during President Barack Obama's term. The decision was made on Tuesday by a three-judge panel from the Cincinnati-based 6th US Circuit Court of Appeals, which stated that the Federal Communications Commission (FCC) lacked the legal authority to reinstate these landmark regulations.

Net neutrality mandates that internet service providers must treat all data on the internet equally, prohibiting actions such as throttling, blocking, or providing premium access based on payment. This decision comes as a blow to the Biden administration, which had made the restoration of these rules a priority, evidenced by President Biden signing an executive order in 2021 that encouraged the FCC to take such action.

The court's ruling aligns with a recent Supreme Court decision in the Loper Bright case, which restricted federal agencies' ability to interpret laws broadly. The panel asserted that the "FCC’s vacillations" could be concluded with this measure, leaving in place state regulations on net neutrality adopted by entities such as California but potentially curtailing over 20 years of federal oversight efforts regarding internet regulations.

After the ruling, FCC Chairwoman Jessica Rosenworcel emphasized the need for congressional action, stating, “Consumers across the country have told us again and again that they want an internet that is fast, open, and fair. With this decision, it is clear that Congress now needs to heed their call.”

Despite the court's decision, several states, including California and Colorado, have maintained their own net neutrality regulations that remain effective. However, with the current political landscape showing a Republican majority in both the House and the Senate, widespread federal net neutrality legislation seems unlikely in the near future.

Industry stakeholders had differing reactions to the ruling. While former FCC Chair Ajit Pai called for a shift in focus toward improving internet access and fostering innovation, current FCC Chair Rosenworcel described the ruling as detrimental to average Americans seeking equitable internet access. Industry advocates for net neutrality, supported by large tech companies such as Amazon and Meta Platforms, expressed discontent with the court's decision, which may further entrench a tiered system of internet access.

The implications of this ruling extend beyond immediate internet access issues, as many see it as a significant turning point in the broader debate surrounding internet regulation and corporate power in the digital age. Internet advocates now face the challenging task of exploring various avenues, possibly including appeals to the Supreme Court, to seek restoration of net neutrality protections.

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