The return of net neutrality was short-lived, as the Sixth Circuit Court of Appeals struck down rules introduced by the Biden administration aimed at preventing internet service providers from favoring some apps or websites over others. The decision has sparked concerns that it may signal a loss of consumer protections in the years to come.
To understand the ruling, it’s essential to know what net neutrality is: the power to prevent broadband providers from engaging in bandwidth discrimination, slowing speeds for certain customers or sites. This protection existed under the Obama administration but was rolled back shortly after Donald Trump took office.
The Sixth Circuit’s decision may be more alarming than the ruling itself because it cited a recent Supreme Court case that overturned Chevron deference. Under Chevron, courts were required to defer to regulatory agencies when interpreting unclear laws. However, with this change, courts can now decide how relevant laws should be interpreted in the first instance.
This means that giant corporations can “forum-shop” for industry-friendly judges to strike down consumer protection rules. Critics of Chevron argue that Congress should pass a bill explicitly stating agencies have authority to interpret laws, but this seems unlikely given the current legislative landscape.
One way out is for Congress to codify net neutrality as federal law, but this may be too late. The regulatory whiplash caused by changing parties in power will continue to fuel courts’ willingness to take matters into their own hands.
There is some relief in California’s 2018 net neutrality law, which fully went into effect in 2021 and offers some protection to everyone in the US. However, this is not as comprehensive as digital rights advocates hoped for, and it’s unclear how long this will last.
The Sixth Circuit’s decision has shown that consumer and environmental safeguards can be easily erased with a single court ruling. As courts increasingly invoke Loper Bright, it’s essential to recognize the importance of passing laws explicitly stating agencies’ authority to interpret laws.
Source: https://www.wired.com/story/net-neutrality-ruling-dead