Sixth Circuit Net Neutrality Ruling Weakens Consumers Protections, Undermines Telecommunications Law, Says OTI

In response to last week’s Sixth Circuit Court of Appeals decision striking down the FCC’s April 2024 order reasserting oversight of the broadband industry and restoring net neutrality rules, the Open Technology Institute (OTI), a New America program fostering equitable access to digital technology and its benefits, issued the following statement from Raza Panjwani, a Senior Policy Counsel at OTI.

“Last week, the Sixth Circuit rang in the new year with bad news for the nation’s broadband subscribers: a wholesale rejection of the FCC’s statutory authority to protect consumers from big ISPs, secure the nation’s network infrastructure, and promote competition. The decision is the latest in a parade of recent court opinions declaring that the government can’t protect consumers from exploitative business practices in the marketplace.

“Fortunately, state laws like the California Internet Consumer Protection and Net Neutrality Act remain in effect, providing a backstop against the worst abuses. But without a federal regulatory framework, crucial matters—including privacy, national security, and competition—remain unaddressed.

“Despite this setback, OTI remains dedicated to fighting for robust consumer protections that ensure that all Americans have access to the full internet free of interference.”