US appeals court blocks the Biden administration's net neutrality rules

The back and forth over net neutrality regulations in the USA continues. On Thursday, a US appeals court initially halted the reintroduction of three bids for an open internet by the national regulatory authority. With their decision, the judges gave a lawsuit brought by broadband providers against the requirements a very high chance of success. The Federal Communications Commission (FCC) reintroduced the requirements in April under the administration of Democrat Joe Biden. This means that fixed and mobile access providers may not block lawful content, applications, services or devices or throttle or prioritize lawful internet traffic.

In 2015, the FCC had already adopted similar rules under US President Barack Obama. They ultimately withstood a lawsuit. During Donald Trump's presidency, the regulatory authority repealed the rules in 2017 with the Republican majority at the time.

This time, the Ohio Telecom Association is taking legal action against the newly imposed rules for an open internet. According to the decision of the Court of Appeals for the Midwest in Ohio, these still raise important questions. The FCC had "failed to meet the high standards required to implement such rules".

Setback for Biden

As net neutrality has a major impact on the industry, the judges believe that the legislator has a role to play. According to them, "clear congressional authorization is required". They had initially put the case on hold temporarily on July 12 to discuss the industry's arguments. Now an oral hearing is to take place at the end of October or beginning of August, at which all sides can present their views. This is a setback for President Biden, who has made the reintroduction of open internet provisions a priority.

The battle for net neutrality continues

"The American public wants an internet that is fast, open and fair," FCC Chairwoman Jessica Rosenworcel of the Democrats commented on the decision. She assured: "We will not give up the fight for net neutrality." Her party colleague and fellow Democrat 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. Brendan Carr, the leading Republican on the FCC board, on the other hand, spoke of a victory and a step in the right direction. However, the "work to roll back the regulatory overreach" of the Biden administration continues in the further handling of this case.

John Bergmayer, legal expert at the US civil rights organization Public Knowledge, regretted that the court had granted the internet providers' request to suspend the net neutrality regulations. Nevertheless, he remains confident "that the FCC's regulations - and the classification of broadband as a telecommunications service under Title II of the Communications Act - will ultimately be upheld as before." Otherwise, he said, Congress would have to intervene "to restore these popular and necessary protections." In the EU, the principle of the open internet has been enshrined in a regulation since 2015.

(ciw)