American net neutrality has been abolished. A federal appeals court in the country ruled Thursday that Internet access does not fall under the term “telecommunications” and classified mobile broadband services as the same as private radio services such as those provided by taxi hails or truck drivers. Should go. This means that the regulatory authority FCC (Federal Communications Commission) has no jurisdiction and its network neutrality regulation is ineffective.
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Along with net neutrality, the FCC established three mandates for large-scale retail broadband Internet access, whether fixed or mobile:
- No web blocks legitimate content, applications, services or non-harmful tools.
- No blocking of “legal Internet traffic” based on legitimate content, applications, services or harmless devices.
- Legal internet traffic should not be given any preference over other legal internet traffic in exchange for any kind of benefit. Broadband providers should also not prioritize their own content and services.
There was also a more general rule of conduct. These rules were introduced in 2015, when Democrats had a majority in the FC Commission under US President Barack Obama. The old 2005 approach was overturned in 2010 due to a formal error. Large US network operators also went to court against network neutrality adopted in 2015, but without success. The decision was legally favourable. Although net neutrality was repealed under President Donald Trump, the FCC reinstated net neutrality in April 2024 under current President Joe Biden. Network operators once again took the matter to court. This time it was successful, but it has nothing to do with net neutrality.
Republicans are against regulation per se
While the US population and the Democratic Party support net neutrality by a clear majority, large network operators and the Republican Party are against it. Its current success is based on an even more profound victory for the part of the Trump movement that wants to eliminate or at least destroy authorities in general: it fundamentally decriminalizes federal authorities through a decision of the US Supreme Court. Has been successful in weakening.
For 40 years, US federal officials were responsible for interpreting ambiguous terms in their respective technical laws, for example the Environmental Protection Agency (EPA) in environmental protection law, the Federal Aviation Administration (FAA) in aviation law or the FCC in telecommunications law. . The US Supreme Court purportedly did so in 1984 beam-The decision was clarified. To the extent that the experts’ interpretations were reasonable or acceptable, the courts allowed the result to stand. The legislature has relied on this ever since; Experts in officials understand the intricate details better than politicians.
But in June 2024, the Republican majority on the Supreme Court tried and overturned this landmark decision (Loper Bright Enterprises Vs. raymondoSince then, the courts have much greater power and can reject the interpretations of expert authorities, even if they are understandable and reasonable.
Court: Internet does not come under “telecommunications”
The federal Court of Appeals for the Sixth Federal Circuit has now used this opportunity. It has decided that broadband Internet access does not fall under the term “telecommunications”. In the same decision, the court ruled that mobile broadband services are not a “commercial mobile service” but a “private mobile service”, such as radio operations by taxi centers or truck drivers. The Court thus deprives the FCC of the ability to impose conditions on broadband services.
“Consumers across the country have repeatedly said they want an Internet that is fast, open, and fair,” commented FCC Chairwoman Jessica Rosenworcel, a Democrat, on the decision. “This decision makes it clear that Congress is doing what we need to do.” “Now we must listen” (calling on consumers), advocate for net neutrality, and enact the principles of an open Internet into federal law. However, its chances are slim, as Republicans are in majority in both houses of the US Parliament. Its lead representative on the FCC, Brendan Carr, characterized net neutrality as “President Biden’s Internet power grab.”
