US Appeals Court Blocks Biden Administration's Net Neutrality Rules
A US Appeals Court has ruled that the Federal Communications Commission (FCC) lacks legal authority to reinstate net neutrality rules supported by the Biden administration.
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order that aimed to restore net neutrality regulations originally implemented under President Obama in 2015 and later repealed during the Trump administration in 2017.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 require internet service providers (ISPs) to:
- Treat all internet data and users equally
- Prevent restricting access or slowing speeds
- Block content discrimination
- 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 administrative laws independently.
Incoming FCC Chairman Brendan Carr, who opposed net neutrality reinstatement, praised the court's decision. He characterized the executive order as an "internet power grab" and criticized the Biden administration's broader regulatory approach to internet governance.
Carr emphasized that the ruling preserves the bipartisan regulatory framework established nearly thirty years ago, which he credits for allowing the American internet to flourish. He committed to continuing efforts to reduce what he views as regulatory overreach in internet policy.
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