Summary
A US appeals court ruled that the FCC lacks authority to reinstate federal net neutrality rules, blocking Biden administration efforts to restore open internet protections.
The 2015 rules, repealed in 2017, mandated ISPs treat internet traffic equally and barred content blocking or prioritization.
The court cited a recent Supreme Court decision Loper Bright Enterprises v. Raimondo, limiting federal agency powers.
FCC Chair Jessica Rosenworcel urged Congress to pass federal net neutrality laws, while industry groups praised the decision, claiming it will boost innovation.
The ruling leaves state net neutrality laws, like California’s, intact.
The problem is that there is no ambiguity in this case. It’s 100% clear that Congress DID give this specific regulatory authority to the FCC and it takes an incredibly tortured legal argument to say otherwise. You can thank Loper Bright only for giving slight cover to these blatantly unlawful rulings.