An appeals court in the United States has rejected an attempt to restore ‘net neutrality’ rules, finding that the federal government does not have the authority to regulate internet service providers as telecommunications services. Apparently, they are information services, which are quite different. It is a blow to the outgoing Biden administration that had encouraged the Federal Communications Commission to restore the rules.
A requirement for internet service providers to treat all traffic equally was first introduced by the FCC under the Obama administration but was repealed under the first term of President Trump.
President Biden signed an executive order in 2021 calling for the FCC to reinstate the rules. A panel of three judges in the appeals court said the FCC lacked the authority to classify the internet as a telecommunications service.
With Trump due to return to the White House for a second term, the decision kicks into touch the long-running debate over network neutrality, although rules adopted by some states including California will remain.
Network neutrality was intended to prevent internet service providers from blocking or restricting certain online services or providing fast lanes that prioritise other services.
Telecommunications companies have argued that they should be able to control the infrastructure they built and own.
Others have argued that net neutrality rules keep the internet open, free and unrestricted. They are backed by some of the largest technology companies, including Amazon, Apple, Alphabet and Meta, that want the freedom to deliver their services unimpeded.