A group of 23 US states has filed a lawsuit seeking a court order to reinstate the former net neutrality rules in the US. The suit, led by the New York Attorney General and filed at the US Court of Appeals for the Washington, DC Circuit, seeks to vacate and reverse the FCC’s order which took effect in June, overturning much of the internet protections. A separate suit led by Mozilla and civil society groups was also filed, seeking the same outcome.
The coalition of 23 attorneys general collectively represents over 165 million people, or approximately 50 percent of the US population. Their brief focuses on two issues: first, that the FCC’s order is "arbitrary and capricious" because it puts consumers at risk of abusive practices by broadband providers and jeopardizes public safety; and second, that the FCC’s order unlawfully purports to preempt state and local regulation of broadband service.
The states want to reinstate the previous Open Internet order passed under the Obama administration. Under the changes which took effect in June, internet access is no longer considered a service regulated by the FCC and instead falls under general consumer protection enforced by the Federal Trade Commission. ISPs are subject only to transparency requirements to disclose to internet users how traffic may be managed or shaped.
Mozilla leads internet industry case
Mozilla is leading a separate case against the net neutrality changes and also filed its brief on 20 August. The case also includes Vimeo, Public Knowledge, Open Technology Institute, the National Hispanic Media Coalition, NTCH, Free Press, Etsy, Coalition for Internet Openness, the Center for Democracy and Technology and Incompas.
Their case disputes that the FCC can hand off its enforcement authority to the FTC, saying only Congress has this power. It also accuses the FCC of making the net neutrality rules a political issue and not engaging in a “reasoned decision making” process, based on data showing that "consumers lack competitive choices for internet access, which gives ISPs the means to harm access to content and services online".
