Stalled Resurgence of Net Neutrality: Current Status Update

The FCC repealed its rules on net neutrality in 2017, paving the way for internet service providers in the United States to treat web traffic differently (including affecting speeds) depending on the source. The FCC announced plans to bring back net neutrality, but they are now on hold.

A federal appeals court has temporarily blocked the reinstatement of net neutrality rules until August 5th, marking a major victory for broadband providers challenging the Federal Communications Commission’s (FCC) recent decision—and a major loss for probably everyone else. The net neutrality debate centers on the principle of equal treatment of internet traffic by internet service providers (ISPs). Under the Obama administration, the FCC enacted rules preventing ISPs from blocking or throttling content, but these were repealed under the Trump administration. The current FCC, with a Democratic majority, voted in April to restore the rules .

This move was swiftly challenged by broadband providers, arguing the FCC’s decision exceeded its authority. The challenge gained momentum following a recent Supreme Court ruling that weakened the legal doctrine of Chevron deference. Courts could defer to a government agency’s interpretation of a statute or regulation, as long as the agency’s interpretation was reasonable and not arbitrary, which gave agencies like the FCC greater leeway in interpreting their mandates. Now, though, the Sixth Circuit Court of Appeals has now issued a temporary “administrative stay,” halting the net neutrality rules until August 5th while it considers the merits of the case. This is one of the first examples of a regulatory agency in the US having difficulty implementing policies in a post-Chevron era, but it definitely won’t be the last.

After August 5th, net neutrality rules could go back up, or the court could consider a more permanent halt of the rules. It’s certainly not the best news, but hopefully, this is not the last we see of this fight.

Source: The Verge

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