The back-and-forth over net neutrality requirements continues in the United States. A US appeals court on Thursday initially blocked the reintroduction of three commandments of the national regulator for the open internet. With his decision, the judge gives a very high chance of success to a lawsuit brought by broadband providers against the requirements. The Federal Communications Commission (FCC) reinstated the requirements in April under the Democratic administration of Joe Biden. According to it, access providers on landline or mobile networks are not allowed to block legal content, applications, services and devices and are not allowed to slow down or prioritize legal internet traffic.
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The FCC had already passed the relevant rules in 2015 under US President Barack Obama. They eventually faced a lawsuit. During Donald Trump’s presidency, the regulator, which had a Republican majority at the time, repealed the rules in 2017.
This time, the Ohio Telecom Association is suing over new regulations imposed for the open internet. According to Decision of the Court of Appeal Important questions still remain for the Midwest in Ohio. The FCC “failed to meet the high standards necessary to enforce such rules.”
Setback for Biden
Since net neutrality has a major impact on the industry, the judges look to the legislature as necessary. According to them, “It requires explicit authorization from Congress.” They initially put the case on hold temporarily on July 12 to discuss the industry’s arguments. Oral hearings are now scheduled for late October or early August, in which all parties can present their views. This is a setback for President Biden, who has made it a priority to restore rules for the open internet.
The fight for net neutrality continues
FCC Chairman Jessica Rosenworcel, a Democrat, commented on the decision, saying, “The American public wants an Internet that is fast, open, and fair.” She assured: “We will not give up the fight for net neutrality.” Her party and official colleague Geoffrey Starks was outraged: “I cannot emphasize enough how much I disagree with the 6th Circuit Court of Appeals’ decision to suspend our net neutrality rules.” The Supreme Court and another appeals court had already ruled differently on the matter. Republican Brendan Carr, the head of the FCC board, spoke of a victory and a step in the right direction. But the Biden administration’s “work to reverse regulatory overreach” continues as the case is being handled.
John Bergmayer, a legal expert at the American civil rights organization Public Knowledge, expressed regretThe court had granted the Internet providers’ request to suspend net neutrality rules. Nevertheless, he is confident that “the FCC’s rules – and the classification of broadband as a telecommunications service under Title II of the Communications Act – will ultimately be upheld as before.” Otherwise, Congress should intervene “to restore these popular and necessary protections.” In the European Union, the principle of the open Internet has been included in a regulation since 2015.
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