Net Neutrality Rules Upheld By Federal Appeals Court

A Washington, D.C., federal appeals court upheld rules from the Federal Communications Commission today preventing internet providers from privileging certain forms of internet traffic over others, protecting a principle commonly known as “net neutrality,”  in a 2-1 decision.

Under these rules, the FCC prevents internet service providers like Verizon from giving preferred access to its affiliates' content while slowing loading times for others.

This ruling hands the Obama administration and net neutrality advocates a significant victory, though the plaintiffs are expected to appeal the decision to the Supreme Court.

The challengers to the FCC’s rules are major industry players in the field of telecommunications, including AT&T and CenturyLink, and were led by the United States Telecom Association. They brought suit against the FCC and the federal government after regulatory changes were made in February that were supported by Obama.

Judges David Tatel and Sri Srinivasan, writing for the majority, emphasized the importance of the internet in their ruling, saying, "Over the past two decades, this content has transformed nearly every aspect of our lives, from profound actions like choosing a leader, building a career and falling in love to more quotidian ones like hailing a cab and watching a movie."

But they emphasized also that their ruling was limited, only finding that the FCC had acted within its authority as delineated by Congress. 

Judge Stephen Williams wrote an opinion that both dissented and concurred with the majority. He agreed that the FCC has the authority to regulate the broadband providers, but that the given reasons for doing so were "watery thin and self-contradictory."

Defenders of the FCC’s rules argue that allowing internet providers to prioritize among and discriminate against different types web traffic could result in a form of censorship. Providers could slow user access to certain kinds of content, including content from that provider’s competitors and potentially disruptive startups.

Net neutrality rules supporters include internet behemoths like Google and Netflix. Google has issued a statement in support of the FCC’s actions, reading, “No Internet access provider should block or degrade Internet traffic, nor should they sell ‘fast lanes’ that prioritize particular Internet services over others.”

Critics of the ruling argue that the FCC’s rules hurt the telecommunications industry and that Congress should step in to help craft these regulations.

"Two judges on the court have unfortunately failed to recognize the significant legal failings of the Federal Communications Commission’s decision to regulate the internet as a public utility, leaving in place regulation we believe will replace a consumer-driven internet with a government-run internet, threatening investment and innovation in years to come," wrote USTelecom, an organization that represents telecommunications companies. "Our industry strongly supports open internet principles and the FCC’s order is wholly unnecessary to keeping the internet open. "

It promised to keep working for policies that "facilitate America's broadband leadership" and to further investigate possible legal avenues following today's ruling.

Jessica Rosenworcel, commissioner for the FCC, praised the court's ruling on Twitter, writing, "Today's decision supports internet principles of fairness and openness—the principles that keep us innovative, fierce, and creative."