An Appeals Court Strikes Down Obama’s “Net Neutrality” Rules As Executive Overreach


Net Neutrality is actually a very complicated issue that isn’t nearly as simple as either side makes it out to be, but as a general rule, it’s bad news. Ultimately, net neutrality rules would end up permanently stifling the growth of the Internet in the United States and since we’re already falling behind technologically, it’s good to see that a judge struck down the Obama administration’s executive overreach.

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Yesterday’s oral arguments on the recess-appointment issue demonstrated that the Supreme Court may be ready to pull the reins sharply on the Obama administration’s exercise of power. Today, the DC Court of Appeals did the same thing. In a unanimous decision (with some dissent on the justification), the court invalidated the Net Neutrality rules imposed by the FCC when Congress refused to approve them:

By classifying Internet access as an “information service” as opposed to a “telecommunications service” – which is the classification used for traditional telephone companies – the FCC cannot impose its “anti-discrimination” and “anti-blocking” rules on Internet providers, the court said.

“Given that the Commission has chosen to classify broadband providers in a manner that exempts them from treatment as common carriers, the Communications Act expressly prohibits the Commission from nonetheless regulating them as such.”

The decision is blow to President Obama, who made net neutrality a campaign pledge in 2008, and erases one of the central accomplishments of former FCC Chairman Julius Genachowski, who pushed the “Open Internet” order.

…Commissioner Ajit Pai wants the FCC to stop altogether:

For the second time in four years, the D.C. Circuit has ruled that the FCC exceeded its authority in attempting to regulate the Internet. It is time for the Commission to take no for an answer. Unless Congress acts, we should stay our hand and refrain from any further attempt to micromanage how broadband providers run their networks. We should focus on removing regulatory barriers to broadband deployment, not imposing unnecessary rules that chill infrastructure investment.

This is the same administration that CAN’T EVEN BUILD A WEBSITE FOR OBAMACARE and it’s going to tell broadband providers what sort of technical changes they should be making on their networks? It’s perfectly ridiculous. We already have laws in place that keep Broadband providers from abusing their power and remarkably, given the stupidity of our government, they seem to be working pretty well. If anything, that’s because the Internet hasn’t been choked into submission by over-regulation….yet. This ruling helps insure that will continue to be the case.

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