Advocacy groups have decided not to appeal a federal court ruling that struck down Biden-era net neutrality rules, citing the FCC’s current Republican majority and a Supreme Court viewed as hostile to the issue. Instead, they plan to push for open internet protections through Congress, state laws, and future court cases, while noting California’s net neutrality law remains in effect.
Matthew Wood, VP of policy and general counsel at Free Press, expressed the decision, stating that Trump’s election shifted the FCC majority back to ideologues who have consistently supported the broadband industry’s stance on net neutrality. He emphasized the importance of the protections struck down by the ruling and noted the potential for future legislative and judicial avenues to address the issue.
Other advocacy groups, including the Benton Institute for Broadband & Society, New America’s Open Technology Institute, and Public Knowledge, also announced their decision not to appeal. They highlighted that while the 6th Circuit’s decision was erroneous, there are alternative methods to advance their efforts for consumer protections and ISP accountability. They anticipate that the issue may still reach the Supreme Court in a future case.
The groups noted that while the legal battle in the courts may be stalled, legislative action remains a crucial avenue. With the Republican majority in the FCC, they face significant challenges in reversing the current regulatory environment. Instead, they plan to focus on pushing for new legislation that would codify net neutrality protections at the federal level, as well as working with state legislatures to enforce similar measures. California’s law, which remains in effect, serves as a model for other states looking to enact their own protections.
Scholars and industry experts have expressed mixed reactions to the decision. While some argue that legislative action is more viable given the current political climate, others warn that it could take years to achieve meaningful reform. The shift from legal to legislative strategy reflects the broader challenges faced by advocacy groups in the current political landscape, where the balance of power heavily favors the broadband industry and its allies.
Despite the setback, advocacy groups remain committed to their mission. They are actively reaching out to lawmakers, engaging in public campaigns, and collaborating with other organizations to build a coalition in favor of open internet access. Their focus on legislative and state-level strategies underscores the need for a multi-faceted approach to combating the erosion of net neutrality protections in the United States.