Net Neutrality Ruling Foreshadows an FCC Defeat on Privacy Rule

The Sixth Circuit decision to strike down the Federal Communications Commission’s net neutrality rules creates a potential roadmap for another challenge in the same court targeting the agency’s data breach reporting rule.

A three-judge panel Jan. 2 shot down the FCC’s rules preventing broadband providers from unfairly throttling internet speeds.

The US Court of Appeals for the Sixth Circuit cited the US Supreme Court’s decision in Loper Bright Enters. v. Raimondo, which threw out a decades-old doctrine under which judges deferred to agencies’ reasonable interpretations of ambiguous statutes. The Sixth Circuit concluded the agency lacked authority to classify broadband ...