https://www.washingtonpost.com/news/the-switch/wp/2015/12/04/net-neutrality-just-went-to-court-heres-how-it-did/A federal appeals court on Friday challenged regulators to defend a series of strict new rules for Internet providers, asking them why it should allow the controversial regulations to stand in spite of an industry lawsuit that's become the centerpiece of a highly-charged battle over the future of the Internet. Dozens of court-watchers began lining up before dawn to hear the case, with some having spent the night in frigid temperatures outside the U.S. Court of Appeals for the D.C. Circuit. Heavy turnout led the court to open up an overflow room for other spectators. Inside the courtroom itself, a three-judge panel peppered agency and industry lawyers with probing questions in a roughly three-hour debate.
The stakes for the Federal Communications Commission are high. Friday marked the third time the agency has appeared before the court in recent years to justify regulating Internet providers more heavily. At issue is the FCC's net neutrality rules — which prevented Internet providers from slowing down or blocking Web content that they do not like, or even charging Web sites a fee for reaching Internet users faster. Led by several industry associations, broadband providers argued the FCC had abused its authority when it approved those rules in February. In response, the FCC — backed by a number of tech companies and advocacy groups — said Congress had given it sufficient powers to implement the regulations it had written. How the court ultimately rules could have far-reaching consequences for the way Americans experience the Web. If the FCC's policy is struck down, it could give Internet providers more freedom to determine what consumers can see online, and at what cost. The agency itself would be faced with a choice: Appeal to the Supreme Court, or attempt to rewrite the rules a fourth time — a process that analysts say will likely be interrupted by the 2016 election.
