SPONSORED:

Week ahead in tech: Net neutrality fight heads to the courts

Week ahead in tech: Net neutrality fight heads to the courts
© Getty

The fight over the net neutrality rules is now headed to the courts.

The Federal Communications Commission (FCC) voted 3-2 along party lines Thursday to approve Republican Chairman Ajit Pai's plan to scrap the Obama-era rules requiring internet service providers (ISPs) to treat all web traffic equally.

The dramatic vote came amid protests and despite a lengthy campaign by net neutrality advocates to save the rules.

But supporters are not ready to throw in the towel.

ADVERTISEMENT

Immediately after the FCC vote, New York Attorney General Eric Schneiderman (D) said that he would lead a lawsuit with other state attorneys general to stop the FCC from ending the rules.

"Today's rollback will give ISPs new ways to control what we see, what we do, and what we say online," Schneiderman said in a statement Thursday. "That's a threat to the free exchange of ideas that's made the Internet a valuable asset in our democratic process."

Shortly after, Washington's Attorney General Bob Ferguson also announced his plans to sue the FCC.

Expect more attorneys general to jump on board.

Net neutrality supporters have expressed optimism about their court challenge.

Even before the vote, at a rally for net neutrality outside the FCC, Sen. Ed MarkeyEd MarkeyManchin: Ocasio-Cortez 'more active on Twitter than anything else' US national security policy in the 117th Congress and a new administration OVERNIGHT ENERGY: Biden eyes new leadership at troubled public lands agency | House progressives tout their growing numbers in the chamber at climate rally | Trump administration pushes for rollback of Arctic offshore drilling regulations MORE (D-Mass.) said that he and Rep. Anna EshooAnna Georges EshooHow to expand rural broadband, fast and affordably Hillicon Valley: Productivity, fatigue, cybersecurity emerge as top concerns amid pandemic | Facebook critics launch alternative oversight board | Google to temporarily bar election ads after polls close Lawmakers introduce legislation to boost cybersecurity of local governments, small businesses MORE (D-Calif.) would file an amicus brief in support of any litigation on net neutrality.

"We think we have a very good chance of winning in court," Markey told The Hill Thursday. "Our legal experts feel very confident about that."

Democrats in Congress aren't waiting on the courts to settle the issue though.

Senate Minority Leader Charles SchumerChuck SchumerMcConnell: COVID-19 relief will be added to omnibus spending package Overnight Health Care: Moderna to apply for emergency use authorization for COVID-19 vaccine candidate | Hospitals brace for COVID-19 surge | US more than doubles highest number of monthly COVID-19 cases The five biggest challenges facing President-elect Biden MORE (D-N.Y.) is also vowing to force a vote on net neutrality in the upper chamber using the Congressional Review Act (CRA).

The act allows Congress to repeal agency rules with just a simple majority in the House and Senate. Republicans used the act frequently in the early days of the Trump administration to undo a slew of Obama-era rules.

"This CRA doesn't need the support of the majority leader," Schumer said Friday. "We can bring it to the floor and force a vote. So, there will be a vote to repeal the rule that the FCC passed."

Democrats will use a bill introduced by Markey to restore net neutrality into law. Rep. Mike DoyleMichael (Mike) F. DoyleBiden's gain is Democratic baseball's loss with Cedric Richmond White House getting pushback on possible government-owned 5G network Hillicon Valley: DOJ accuses Russian hackers of targeting 2018 Olympics, French elections | Federal commission issues recommendations for securing critical tech against Chinese threats | House Democrats slam FCC over 'blatant attempt to help' Trump MORE (D-Pa.), the top Democrat on the Energy and Commerce Committee Subcommittee on Communications and Technology is introducing similar legislation in the House.

It is unlikely Democrats will be successful with Republicans in control of both chambers. While a few Republicans criticized the FCC's move to scrap net neutrality, it is unclear whether any would back a Democratic bill to restore the rules.

Some Democrats have also pushed for a legislative fix to net neutrality, but there is little momentum for that option.

The heads of the relevant panels, Senate Commerce Committee Chairman John ThuneJohn Randolph ThunePressure builds for coronavirus relief with no clear path to deal McConnell offering new coronavirus relief bill after talks with Mnuchin, Meadows Murkowski: Trump should concede White House race MORE (R-S.D.) and House Energy and Commerce Committee Chairman Greg WaldenGregory (Greg) Paul WaldenHillicon Valley: Leadership changes at top cyber agency raise national security concerns | Snapchat launches in-app video platform 'Spotlight' | Uber, Lyft awarded federal transportation contract Lawmakers urge FCC to assist in effort to rip out, replace suspect network equipment OVERNIGHT ENERGY: Barrasso to seek top spot on Energy and Natural Resources Committee | Forest Service finalizes rule weakening environmental review of its projects | Biden to enlist Agriculture, Transportation agencies in climate fight MORE (R-Ore.) have praised Pai's efforts and have dismissed Democrats' offers to work on compromise legislation to preserve net neutrality principles.

 

Recent stories:

FCC votes to repeal net neutrality rules

FCC hearing room evacuated ahead of net neutrality vote

New York AG to sue FCC over net neutrality repeal

FCC Dems rip net neutrality repeal: Handing over 'the keys to the internet'

DOJ confirms criminal investigation into Uber

Disney to acquire majority of Fox assets for $52.4B

Senator calls for Justice Department to investigate Comcast-NBC merger

New York AG: As many as 2 million net neutrality comments are fake

White House unveils report on modernizing government IT

SEC head warns investors about cryptocurrency

Poll: 83 percent of voters support keeping FCC's net neutrality rules

Lawmakers introduce bipartisan AI legislation

FCC, FTC announce partnership to police internet after net neutrality repeal