Law Prof van Schewick Calls Net Neutrality Ruling 'a Radical Decision’

WASHINGTON, Jan. 9, 2025—Another net neutrality autopsy has rolled in following the Federal Communications Commission’s recent defeat in a landmark net neutrality case. 

On Jan. 2, a panel of the U.S. Court of Appeals for the Sixth Circuit ruled that the FCC lacked authority to impose common carrier regulation on broadband Internet Service Providers like AT&T and Comcast.

In reaction, Stanford Law professor Barbara van Schewick–who feared 5G network slicing would create discriminatory fast lanes–called the Sixth Circuit's decision to void the FCC's net neutrality rules "a huge setback for American consumers and businesses that rely on the Internet."

Van Schewick, a leading advocate for federal protections online, was the senior technical advisor in drafting California’s 2018 net neutrality law, created to fill the void after a Republican-controlled FCC abolished net neutrality rules.

The law professor also helped shape net neutrality legislation adopted by the European Union in 2015 and 2020. She has written an award-winning book on the subject of net neutrality.

In an interview Monday on NPR’s popular radio show, All Things Considered, van Schewick likened the FCC’s lack of authority over internet providers to a hypothetical in which the FAA “no longer had the power to oversee airlines like Delta and American.”

She called the outcome a “radical decision" and said "the FCC can still protect you when you make a regular phone call but not when you use the Internet." 

Brendan Carr, the FCC’s senior Republican and the incoming chairman, hailed the Sixth Circuit's ruling. He implied he would roll back other rules instituted by the FCC Chairwoman Jessica Rosenworcel.

“I am pleased that the appellate court invalidated President Biden’s Internet power grab by striking down these unlawful [net neutrality] regulations,” he said. “But the work to unwind the Biden Administration’s regulatory overreach will continue. I welcome the chance to advance a policy agenda that will deliver great results for the American people.”

When asked what this might mean for consumers, van Schewick described how, even if you are paying for high-speed 5G internet, your service provider can throttle the amount of real-time data you can stream.

“These companies deliberately slow down and blur your video from Netflix, YouTube or TikTok, unless you pay extra for a more expensive plan.” 

This is exactly what net neutrality was meant to prevent, she explained.

She believes that consumers should be able to determine how their internet connection is metered; without government protections, this is out of their control.

The Stanford professor is hopeful states can step in and offer protection where the FCC can’t. She thinks California’s net neutrality law is a good model for other states because it “matches all of the net neutrality protections that were in place at the federal level” at one time.

Five other states currently have net neutrality laws on the books, according to Ballotpedia.