Appeals Court Strikes Down Biden Administration's Net Neutrality Rules

Appeals Court Strikes Down Biden Administration's Net Neutrality Rules

By Alexander Mitchell

January 16, 2025 at 04:03 AM

A US Appeals Court has ruled that the Federal Communications Commission (FCC) lacks legal authority to reinstate net neutrality rules supported by the Biden administration.

FCC headquarters entrance Washington DC

FCC headquarters entrance Washington DC

The ruling challenges President Biden's 2021 executive order that aimed to restore net neutrality regulations originally implemented under President Obama in 2015 and later repealed during the Trump administration in 2017.

Net neutrality rules require internet service providers (ISPs) to:

  • Treat all internet data and users equally
  • Prevent restricting access or slowing speeds
  • Block content discrimination
  • Prohibit paid prioritization arrangements for improved network access

The Appeals Court based its decision on the Supreme Court's Loper Bright ruling, which overturned the 1984 precedent allowing government agencies to interpret their administrative laws.

Incoming FCC Chairman Brendan Carr welcomed the decision, describing Biden's executive order as an "internet power grab." In his statement, Carr criticized the administration's broader internet regulation efforts, including:

  • Pressure on social media companies regarding content moderation
  • Implementation of "digital equity" rules
  • Application of utility-style regulations to the internet

Carr emphasized that Biden's Title II regulations departed from a longstanding bipartisan consensus that had enabled American internet growth for nearly three decades. He pledged to continue unwinding what he termed the "Biden Administration's regulatory overreach" in his upcoming tenure.

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Drake performing onstage with mic

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Neon Boiler Room sign

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