President Joe Biden's recent move to reinstate "net neutrality" may encounter challenges from the Supreme Court, which has previously used the "major questions" doctrine to limit the Biden administration's initiatives in areas such as climate policy and student loan forgiveness. It is anticipated that the conservative-leaning court could also question Biden's efforts to bring back net neutrality.
Former Obama administration lawyers Donald Verrilli and Ian Gershengorn have raised concerns that Congress never clearly granted the Federal Communications Commission (FCC) the authority to regulate broadband as a Title II telecommunications service. They argue that the FCC's broad regulatory approach exceeds its legal mandate.
The Biden administration, on the other hand, views net neutrality differently. FCC commissioner Jessica Rosenworcel contends that the repeal of net neutrality rules during the Trump administration was in the "wrong side of history, law, and the public opinion." Conversely, Brendan Carr, one of the two remaining Republicans on the FCC, asserts that net neutrality represents a government power grab that could impede internet freedom and raise costs.
While proponents of net neutrality argue that it prevents internet service providers from throttling services and promotes an open internet, some critics point out that these same advocates have supported censorship in recent years. Additionally, the Biden administration has faced criticism for perceived censorship of Americans on social media platforms. Given this context, Biden's push for net neutrality is met with skepticism by some.
It's worth noting that Biden has stated that net neutrality aims to prevent large corporations from controlling online content. However, many observers see it as another example of government intervention and question the sincerity of Biden's intentions.
In summary, President Biden's efforts to reinstate net neutrality are likely to face opposition from the conservative-leaning Supreme Court. This move has raised concerns about government control and potential censorship on the internet, particularly in light of recent debates about online content moderation.