Earlier this week, a District of Columbia appeals court said the Federal Communications Commission could legally repeal net neutrality — removing rules that prevented internet service providers from throttling specific sites or services. The ruling was a blow to activists who have been fighting to preserve the internet’s status as a telephone service-like “common carrier.” But it handed them one major victory: the FCC can’t preemptively stop states from adopting their own, stricter rules. And by doing so, it may be opening a new chapter in the fight for net neutrality.
The Mozilla v. FCC ruling slogs through a vast range of frequently convoluted arguments, sometimes hinging on strange questions like “Can a smart washing machine make...