Federal court hands blow to Biden administration’s net neutrality regulations

A federal court has blocked the Federal Communications Commission 's reinstatement of net neutrality rules that expanded government oversight over the internet.

The 6th U.S. Circuit Court of Appeals's ruling against the FCC on Thursday came after the federal agency voted earlier this year to reinstate former President Barack Obama’s net neutrality regulations.

"The final rule implicates a major question, and the commission has failed to satisfy the high bar for imposing such regulations," the court wrote. "Net neutrality is likely a major question requiring clear congressional authorization."

The court has paused the regulation, saying it will pick up the case with oral arguments scheduled for late October or early November.

In a statement responding to the ruling, FCC Chairwoman Jessica Rosenworcel said, “The American public wants an internet that is fast, open, and fair. Today’s decision by the Sixth Circuit is a setback but we will not give up the fight for net neutrality.”

The court’s decision marks a blow to President Joe Biden’s efforts to reinstate the Obama-era regulations. They were instituted in 2015, but after Donald Trump took office, he rescinded the internet regulations.

Net neutrality mandates that internet service providers do not discriminate based on the source or destination of data, classifying providers as common carriers under Title 2 of the Communications Act.

Advocates of net neutrality say the purpose of government regulation is to fuel a level playing field in cyberspace and ensure the internet is open and fair.

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Critics say the internet has grown and flourished without government intervention, arguing that net neutrality invites unnecessary federal oversight that stifles innovation.

David Williams, president of the Taxpayers Protection Alliance, said earlier this year that the Biden administration’s actions to reinstate net neutrality were “an attempt to correct a problem that didn’t exist. And quite frankly, it’s just wanting to grow the size of government because this gives the FCC more power and more control over the internet.”