The DC Circuit Court’s 2-1 decision in favor of the FCC’s Internet regulations represent a significant blow to the integrity of the Internet. The decision fails to address any meaningful issue and will serve to stifle innovation and investment in the future.

This decision also allows the FCC and the rest of the government to continue to overstep its authority and threaten the sovereignty of the private sector. 

Grover Norquist, the President of Americans for Tax Reform said:

“Treating the internet as a 19th century utility means putting it under political control, driven by backward looking bureaucrats. Such treatment will kill innovation, delay the future and abort thousands of new entrepreneurial efforts. This court decision must not stand.”

The spirit of the FCC’s regulations was to prevent Internet Service Providers (ISPs) from censoring free speech by charging different prices for different content. However, the dissent by Judge Williams makes clear that, while these rules were intended to promote growth, they will, more likely, slow innovation and investment.

The FCC’s regulations not only impose unnecessary burdens on existing ISPs by dictating their private pricing practices, it will undeniably deny smaller ISPs from being able to gain access to a greater share of the market. This will have the counterproductive effect of severely limiting competition.

As Judge Williams addressed in his eloquent dissent, the FCC’s regulations will put Internet on a trend towards incurable monopolies. Despite being created to prevent these sorts of economic conditions, the regulations will actually make them a reality. This is the “ultimate irony” of these rules.

Despite this obvious setback, we will continue to participate in the steps ahead to ensure that the Internet is able to return to a free-market approach that has fueled its thriving success. We also plan on being a voice in the coming discussion on how to ensure the Internet best serves the American people. We are optimistic that the value of the free market will shine through in this fight.