Federal Appeals Court Upholds Net Neutrality Rules

An appeals court has upheld rules on net neutrality that stop broadband providers blocking or slowing web traffic. The legal battles will likely continue, but this week's verdict is a big blow to those arguing to block the rules.

Net neutrality is the principle of treating all Internet traffic in the same way with the only exception being illegal content. The Federal Communications Commission (FCC) has tried several times to bring in rules to enforce the principle, with bans on carriers deliberately slowing or blocking some types of traffic (such as streaming video) or taking payments from Internet sites to give them priority.

Previous attempts to bring in such rules were held up due to legal vernacular. For example, the FCC classed broadband as an information service ("Title 1" in legal speak) - which meant its powers to regulate the Internet were heavily restricted.

Principle and Procedure Both in Question

Last year the FCC decided to reclassify it as a communications service ("Title 2") which means it has more extensive regulatory powers, similar to those which apply to landline telephone services. It then introduced tougher net neutrality rules known as the Open Internet policy, though it said it had no interest in regulating the prices charged to customers.

Several companies in the broadband industry challenged the decision, not only arguing against the net neutrality rules themselves, but also the FCC's power to reclassify broadband. They said using such powers was excessive and reclassification should only be allowed if done by Congress.

The case has now reached a Federal Appeals court, which voted 2-1 to reject the challenge. They said that Internet use was now so widespread and important to daily lives that it was right to treat it in the same way as telephone networks. (Source: nytimes.com)

Supreme Court May Be Final Destination

The companies bringing the case look set to continue their fight. The likely next step would be an "en banc" appeal, which means a fresh hearing with all the appeal court judges in the district making a ruling, rather than just the panel of three. (Source: washingtonpost.com)

At the moment the Supreme Court is split 4-4 on party lines. If the judges voted 4-4 on this case, which is likely, it would uphold the lower court decision. That means its highly unlikely the net neutrality rules will be overturned any time soon.

What's Your Opinion?

Is it right in principle to try to enforce the idea of net neutrality? Should broadband be treated in the same way as phone lines when it comes to regulation? Is this a matter for Congress rather than a government agency?