On October 1, 2019, the US Court of Appeals for the DC Circuit
largely upheld the 2018 Restoring Internet Freedom Order, in which
the Federal Communications Commission (FCC) classifies internet
access as an Information Service under Title I of the
Communications Act and adopts a market-based "light
touch" policy for governing the internet. The FCC's 2018
Order was a departure from the FCC's 2015 Open Internet Order,
which had classified internet access as a Telecommunications
Service under Title II of the Communications Act to protect
"net neutrality" and thus potentially opened the way for
utility-style regulation of internet service providers. The
case—Mozilla Corp. v. FCC, No. 18-1051—was decided in
an unsigned per curiam opinion, probably because multiple judges on
the panel wrote parts of the 186-page opinion.
