This week, a major net neutrality trial was launched, with a group of consumer guardians and internet business organizations challenging the FCC Open Internet Order override (OIO). This order, which was completed in 2015, is what made it illegal for ISPs to block or melt internet speeds when opening specific locations or platforms – it is the law that protects consumers from having to pay more for "fixed lane" services, and that protected companies from having to pay extra money to internet providers for good rates to be available on their websites.
Since OIO was abolished in 2017, consumers and industry insiders have been concerned that internet providers may begin to restrict access to certain websites ̵
The case is heard by the US Court of Appeal for the District of Columbia, and it states whether the FCC was entitled to disrupt OIO. When OIO was passed in 2015, it was upheld by the court, and critics point out that nothing has changed since the law was put in place except those operating the FCC. The FCC may therefore not be entitled to change the law.
"Nothing has changed since the 2015 scheme, but the leadership of the FCC," said Lisa Hayes, general counsel for the Center for Democracy and Technology, Gizmodo . "The FCC lacks compelling evidence justifying the 2018 order and I expect DC Circuit to find out that FCC's actions were arbitrary and capricious."
The case is brought by a diverse group, including technology companies such as Mozilla and open internet defense groups such as the Open Technology Institute and the Center for Democracy & Technology. "Today we fought for an open and free internet that puts consumers first," said Mozelle, Chief Operating Officer Denelle Dixon in a statement, according to Gizmodo. "Mozilla took on this challenge because we believe that the FCC must follow the rules of everyone else … The struggle to save net neutrality is on the right side of the story. Consumers deserve an open internet. And we look forward to the decision of the court. "