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The State of Net Neutrality in 2026
Table of Contents
Net neutrality, the principle that internet service providers (ISPs) should treat all data on the internet equally, was repealed in the United States in 2017, but its status remains a contentious issue with ongoing debate and potential for future regulation as of January 26, 2026.
The core of the debate centers on whether ISPs should be allowed to prioritize certain types of internet traffic,possibly charging companies more for faster delivery of their content – a practise known as “paid prioritization.” Proponents of net neutrality argue this creates an uneven playing field, stifling innovation and limiting consumer choice. Opponents contend that such regulations hinder investment in broadband infrastructure.
In December 2017, the Federal Communications commission (FCC) under Chairman Ajit Pai voted to repeal the 2015 Open Internet Order, which had established net neutrality rules.Restoring Internet freedom Order (FCC, 2017). This decision reclassified broadband internet service as an “facts service” rather than a “telecommunications service,” removing it from stricter regulatory oversight.
Legal Challenges and state-Level Actions
The repeal of net neutrality faced immediate legal challenges. Several states, including California, filed lawsuits against the FCC, arguing the decision was arbitrary and capricious. California passed its own net neutrality law in 2018, California Senate Bill 822, which was later partially blocked by a federal court in 2019, citing federal preemption. The court allowed portions of the law related to clarity requirements to stand.
As of January 2026, the legal landscape remains complex. While the FCC’s repeal remains in effect, several states continue to pursue measures to protect net neutrality within their jurisdictions.These efforts often focus on transparency rules requiring ISPs to disclose their network management practices.
In 2021, the Biden administration signaled its intent to restore net neutrality rules. Jessica Rosenworcel,appointed as FCC Chair in 2021,has publicly supported reinstating the 2015 Open Internet Order. White House Fact Sheet: Competition in the Internet Broadband Industry (2022). However, restoring the rules requires a majority vote by the FCC, which currently has a 3-2 Democratic majority.
Current ISP Practices and Concerns
Without federal net neutrality rules,concerns persist regarding potential anti-competitive practices by ISPs. While widespread instances of blatant blocking or throttling of content have not been widely reported as of January 2026, critics argue that the lack of clear rules creates an environment where such practices could occur.
The Electronic frontier Foundation (EFF) continues to monitor ISP practices and advocate for strong net neutrality protections. they report instances of ISPs offering “zero-rating” plans, where certain content is exempt from data caps, which critics argue favors those services and disadvantages others.
For example, in 2023, T-Mobile was investigated by the FCC for allegedly throttling data speeds for certain video streaming services.Reuters: US FCC investigates T-Mobile over alleged video throttling (2023). While the investigation is ongoing as of January 2026, it highlights the potential for ISPs to engage in practices that could harm competition and consumer choice.
Future Outlook
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