What Happens Now With Net Neutrality?

The rules voted on Feb 26 will define the debate around an Open Internet for the foreseeable future and establish a strong precedent in favor of robust network neutrality protections going forward. However, for better or worse, they do not bring that debate to an end.

While it is unclear exactly what the next step will be, this post is an attempt to briefly outline the possibilities. One set of possible next steps take place in the courts. At least one Internet service provider has already outlined its case against the rules, and it may not be alone in planning to challenge the rules in court. That challenge can take at least two forms. The first is called a facial challenge, and is the type of challenge that Verizon successfully brought against the 2010 Open Internet rules. It is a challenge to the rules as they are written -- how they appear on their face. The second type of challenge is an as-applied challenge. Instead of immediately challenging the rules as they are written, an as-applied challenge challenges the rules as they are applied in a specific circumstance.The other possible next steps take place in Congress. Next steps in the courts and in Congress are not mutually exclusive, and we will fight back against them in different ways. Congress could respond with a Congressional Review Act, specific legislation, appropriations riders, or a Communications Act Rewrite.