Editing Net neutrality (section)

===United States===
{{Main|Net neutrality in the United States}}
Net neutrality in the United States has been a point of conflict between network users and service providers since the 1990s. Much of the conflict over net neutrality arises from how Internet services are classified by the Federal Communications Commission (FCC) under the authority of the [[Communications Act of 1934]]. The FCC would have significant ability to regulate ISPs should Internet services be treated as a Title II "[[common carrier]] service", or otherwise the ISPs would be mostly unrestricted by the FCC if Internet services fell under Title I "information services". In 2009, the United States Congress passed the American Recovery and Reinvestment Act 2009, which granted a stimulus of $2.88&nbsp;billion for extending broadband services into certain areas of the United States. It was intended to make the internet more accessible for under-served areas, and aspects of net neutrality and open access were written into the grant. However, the bill never set any significant precedents for net neutrality or influenced future legislation relating to net neutrality.<ref>{{Cite journal|last=Daniels|first=Lesley-Ann|date=8 April 2016|title=Tras el velo del antiterrorismo|journal=Revista CIDOB d'Afers Internacionals|issue=112|pages=255–257|doi=10.24241/rcai.2016.112.1.255|issn=1133-6595|doi-access=free}}</ref> Until 2017, the FCC had generally been favorable towards net neutrality, treating ISPs under Title II common carrier. With the onset of the [[First presidency of Donald Trump|Presidency of Donald Trump]] in 2017, and the appointment of [[Ajit Pai]], an opponent of net neutrality, to the chairman of the FCC, the FCC has reversed many previous net neutrality rulings and reclassified Internet services as Title I information services.<ref>{{Cite news|url=https://www.reuters.com/article/us-usa-internet/u-s-net-neutrality-rules-will-end-on-june-11-fcc-idUSKBN1IB1UN|title=U.S. 'net neutrality' rules will expire on June 11: FCC|first=David|last=Shepardson|work=[[Reuters]]|date=10 May 2018|access-date=9 August 2018|archive-date=9 August 2018|archive-url=https://web.archive.org/web/20180809184255/https://www.reuters.com/article/us-usa-internet/u-s-net-neutrality-rules-will-end-on-june-11-fcc-idUSKBN1IB1UN|url-status=live}}</ref> The FCC's decisions have been a matter of several ongoing legal challenges by both states supporting net neutrality, and ISPs challenging it. The United States Congress has attempted to pass legislation supporting net neutrality but has failed to gain sufficient support. In 2018, a bill cleared the U.S. Senate, with Republicans [[Lisa Murkowski]], [[John Kennedy (Louisiana politician)|John Kennedy]], and [[Susan Collins]] joining all 49 Democrats but the House majority denied the bill a hearing.<ref>{{cite news|url=https://www.wired.com/story/senate-approves-measure-to-save-net-neutrality/|title=Senate votes to save net neutrality but hurdles remain|last1=Finley|first1=Klint|date=6 May 2018|access-date=2 June 2019|work=Wired.com|archive-date=3 June 2019|archive-url=https://web.archive.org/web/20190603155855/https://www.wired.com/story/senate-approves-measure-to-save-net-neutrality/|url-status=live}}</ref> Individual states have been trying to pass legislation to make net neutrality a requirement within their state, overriding the FCC's decision. California has successfully passed its own [[California Internet Consumer Protection and Net Neutrality Act of 2018|net neutrality act]], which the United States Department of Justice challenged on a legal basis.<ref>{{cite news|url=https://www.nytimes.com/2018/09/30/technology/net-neutrality-california.html|title=Justice Department Sues to Stop California Net Neutrality Law|last1=Kang|first1=Cecilia|date=30 September 2018|access-date=25 June 2019|work=[[The New York Times]]|archive-date=25 July 2019|archive-url=https://web.archive.org/web/20190725142758/https://www.nytimes.com/2018/09/30/technology/net-neutrality-california.html|url-status=live}}</ref> On 8 February 2021, the U.S. Justice Department withdrew its challenge to California's data protection law. Federal Communications Commission Acting Chairwoman [[Jessica Rosenworcel]] voiced support for an open Internet and restoring net neutrality.<ref>{{Cite web|last=Veigle|first=Anne|date=8 February 2021|title=Statement from the Federal Communication Commission|url=https://docs.fcc.gov/public/attachments/DOC-369799A1.pdf|website=FCC.gov|access-date=12 February 2021|archive-date=8 February 2021|archive-url=https://web.archive.org/web/20210208205500/https://docs.fcc.gov/public/attachments/DOC-369799A1.pdf|url-status=live}}</ref> Vermont, Colorado, and Washington, among other states, have also enacted net neutrality. <ref>{{cite web|title= Net neutrality: responses by state|url=https://ballotpedia.org/Net_neutrality_responses_by_state#:~:text=Colorado:%20On%20May%2017%2C%202019,received%20for%20rural%20broadband%20initiatives}}</ref>

On 19 October 2023, the FCC voted 3–2 to approve a Notice of Proposed Rulemaking (NPRM) that seeks comments on a plan to restore net neutrality rules and regulation of Internet service providers.<ref name="fcc-oct-2023">{{cite news |last1=Brodkin |first1=John |title=FCC moves ahead with Title II net neutrality rules in 3-2 party-line vote |url=https://arstechnica.com/tech-policy/2023/10/fcc-moves-ahead-with-title-ii-net-neutrality-rules-in-3-2-party-line-vote/ |access-date=19 October 2023 |work=Ars Technica |date=19 October 2023}}</ref> On 25 April 2024, the FCC voted 3–2 to reinstate net neutrality in the United States by reclassifying the Internet under Title II.<ref>{{Cite news |last=Kang |first=Cecilia |date=25 April 2024 |title=F.C.C. Votes to Restore Net Neutrality Rules |url=https://www.nytimes.com/2024/04/25/technology/fcc-net-neutrality-open-internet.html |access-date=2024-04-25 |work=The New York Times |language=en-US |issn=0362-4331}}</ref><ref>{{cite news |last1=Fung |first1=Brian |title=Net neutrality is back as FCC votes to regulate internet providers |work=CNN |publisher=CNN |date=25 April 2024 |url=https://edition.cnn.com/2024/04/25/tech/net-neutrality-is-back/index.html |archive-url=https://web.archive.org/web/20240712180127/https://edition.cnn.com/2024/04/25/tech/net-neutrality-is-back/index.html |archive-date=12 July 2024}}</ref> However, legal challenges immediately filed by ISPs resulted in an appeals court issuing an order that stays the net neutrality rules until the court makes a final ruling, while issuing the opinion that the ISPs will likely prevail over the FCC on the merits.<ref>{{Cite web |last=Brodkin |first=Jon |date=2024-08-05 |title=Court blocks net neutrality, says ISPs are likely to win case against FCC |url=https://arstechnica.com/tech-policy/2024/08/fcc-suffers-major-setback-in-attempt-to-defend-net-neutrality-rules/ |access-date=2024-10-23 |website=Ars Technica |language=en-US}}</ref>

On 2 January 2025, net neutrality rules, which disallow broadband providers from selectively interfering with Internet speeds depending on the accessed resource, were struck down by [[United States Court of Appeals for the Sixth Circuit|US Court of Appeals for the Sixth Circuit]] in ''MCP No. 185''.<ref>{{Cite news |last=Bowman |first=Emma |date=2025-01-03 |title=Net neutrality is struck, ending a long battle to regulate ISPs like public utilities |url=https://www.npr.org/2025/01/03/nx-s1-5247840/net-neutrality-fcc-struck |access-date=2025-04-15 |work=NPR |language=en}}</ref><ref>{{Cite web |title=In re MCP No. 185: FCC, No. 24-7000 (6th Cir. 2025) |url=https://law.justia.com/cases/federal/appellate-courts/ca6/24-7000/24-7000-2025-01-02.html |access-date=2025-04-16 |website=Justia Law |language=en}}</ref>

Federal law shows that broadband must be classified as an "information service" and not the more heavily-regulated "telecommunications service" the FCC said it was when it adopted the rules in April 2024, a three-judge panel for the US Court of Appeals for the Sixth Circuit ruled. The FCC lacked the authority to impose its rules on the broadband providers, the court said.<ref name=":0">{{Cite news |last=Heisig |first=Eric |date=January 2, 2025 |title=FCC’s Net Neutrality Rules Struck Down by Sixth Circuit (3) |url=https://news.bloomberglaw.com/litigation/fccs-net-neutrality-rules-struck-down-by-sixth-circuit |access-date=April 16, 2025 |work=[[Bloomberg News]]}}</ref>

According to [[Bloomberg News]], the Sixth Circuit's ruling is "one of the highest-profile examples" so far of an appeals court exercising the expanded authority following ''Loper Bright Enters. v. Raimondo'', which overturned a doctrine that had supported agency interpretations of ambiguous laws.  The court also rejected a similar FCC classification for mobile broadband providers.<ref name=":0" />