Net neutrality repeal litigation
Background on Net Neutrality
Net neutrality is the principle that Internet service providers (ISPs) must treat all data on the internet equally without discriminating or charging differently based on user, content, website, platform, or application.
The FCC initially adopted net neutrality rules under the Open Internet Order of 2015 (under the Obama administration), reclassifying ISPs as common carriers under Title II of the Communications Act of 1934.
In 2017, under the Trump administration, the FCC repealed these protections via the Restoring Internet Freedom Order, reclassifying ISPs under Title I (information services), rolling back many net neutrality protections.
This repeal sparked extensive litigation from states, advocacy groups, and technology companies.
Key Litigation Cases on Net Neutrality Repeal
1. Mozilla Corp. v. FCC (2019)
Facts: Challenged the FCC's 2017 Restoring Internet Freedom Order, arguing the repeal was arbitrary, capricious, and failed to protect consumers.
Issue: Whether FCC had statutory authority to repeal Title II classification and eliminate net neutrality rules.
Decision:
The D.C. Circuit Court largely upheld the FCC's repeal, affirming the agency’s authority to reclassify ISPs under Title I.
However, the court struck down the FCC's attempt to preempt state net neutrality laws, stating the FCC could not bar states from enacting their own protections.
Significance:
Confirmed FCC's discretion to repeal net neutrality.
Preserved states’ rights to enforce their own net neutrality rules.
2. United States Telecom Association v. FCC (2016)
Facts: Challenged the FCC’s 2015 Open Internet Order that imposed net neutrality rules and reclassified ISPs as Title II common carriers.
Issue: Whether the FCC had authority to impose net neutrality rules and Title II reclassification.
Decision: The D.C. Circuit upheld the FCC's rules and reclassification.
Significance: This case validated the regulatory framework that the 2017 repeal sought to dismantle.
3. State of California v. FCC (2018)
Facts: California enacted its own net neutrality law after the FCC repeal.
Issue: Whether California’s law was preempted by federal law and FCC rules.
Decision:
The D.C. Circuit ruled that the FCC could not preempt states’ net neutrality laws.
California's law was allowed to take effect.
Significance: Affirmed states’ ability to enact net neutrality protections despite FCC repeal.
4. Save the Internet v. FCC (2017)
Facts: Multiple public interest groups filed suit challenging the FCC's repeal of net neutrality.
Issue: Alleged that the repeal violated the Administrative Procedure Act (APA) due to inadequate justification.
Decision: The case was consolidated into the Mozilla case but highlighted the procedural challenges involved in repealing net neutrality.
Significance: Established that courts closely scrutinize agency rulemaking affecting broad public interests.
5. New York v. FCC (2021)
Facts: Several states challenged the FCC’s repeal under claims that the rollback violated the Communications Act and the APA.
Issue: Whether FCC failed to consider impacts on public safety, competition, and other factors.
Decision: The case is ongoing but reflects persistent state-level opposition to the repeal.
Significance: Demonstrates continuing legal pushback and uncertainty over net neutrality's future.
6. Verizon v. FCC (2014)
Facts: Verizon challenged earlier FCC net neutrality rules (Open Internet Order 2010).
Issue: Whether the FCC had authority to regulate broadband providers under Title I.
Decision: The court struck down anti-blocking and anti-discrimination rules, holding the FCC couldn’t impose common carrier obligations under Title I.
Significance: This decision led to the 2015 Title II reclassification, a key background to the 2017 repeal.
Summary Table of Net Neutrality Litigation
| Case | Issue | Decision Summary | Significance |
|---|---|---|---|
| Mozilla Corp. v. FCC (2019) | FCC repeal of net neutrality and state preemption | Repeal upheld; states allowed to enact own laws | Validated repeal but preserved state rights |
| U.S. Telecom Assoc. v. FCC (2016) | FCC Title II reclassification and rules | Rules upheld | Validated 2015 net neutrality framework |
| California v. FCC (2018) | State net neutrality laws vs. FCC preemption | States’ laws upheld; FCC preemption rejected | Affirmed state power over net neutrality |
| Save the Internet v. FCC (2017) | Challenge to repeal’s procedural validity | Case consolidated into Mozilla | Highlighted APA review of repeal |
| Verizon v. FCC (2014) | FCC authority under Title I | Anti-blocking rules struck down | Led to 2015 Title II reclassification |
| New York v. FCC (2021) | Ongoing challenge to repeal | Ongoing | Reflects continued legal conflict |
Conclusion
The litigation over net neutrality repeal showcases a complex interplay between federal regulatory authority, state rights, administrative law, and evolving technology policy. Courts have generally upheld the FCC's discretion to repeal net neutrality protections but have preserved states’ rights to enact their own laws. Procedural safeguards under the APA require the FCC to justify major regulatory changes, ensuring that public interest considerations are addressed.
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