The D.C. Court of Appeals last week said the Federal Communications Commission lacks the authority to enforce “network neutrality.” It was a victory for telecommunications companies, and a setback, though not necessarily a defeat, for the goal of preserving equal access for all Internet traffic and sites.

Many fear that the telecoms, controlling access to the Internet, have an incentive to play favorites ”“ seeking income, perhaps, from sites requiring a fast connection. The industry denies any such intention, but in 2007, Comcast Corporation blocked use of peer-to-peer networking applications, claiming that users were hogging bandwidth by sharing movies and other large files.

 When the FCC banned this practice, Comcast sued. Now that the company has prevailed, the FCC’s authority to enforce the concept of network neutrality is seriously in doubt. Yet the public clearly supports open access: When Comcast interfered with file-sharing downloads, a public outcry forced the company to retreat even before the FCC acted.

Some supporters of network neutrality argue that the answer now is for the FCC to define Internet providers as providers of “telecommunications services,” rather than “information services.” As common carriers, telecoms would become subject to strict oversight.

But the industry argues persuasively that the Internet evolved as a free and open alternative to highly regulated telephone monopolies. A regulatory approach from the mid-20th century would not be an easy fit with the services provided online today, and the industry has warned that such a move would lead to “years of litigation and regulatory chaos.”

The Electronic Frontier Foundation, a supporter of network neutrality, also has its doubts about old-fashioned FCC regulation. The advocacy group warned this week that the agency has seemed all too willing to impose censorship and copyright enforcement schemes on industries it regulates.

During the Bush administration, deregulation was seen as the right answer to every problem. One of the ambitions of the U.S. Senate at that time was to update the Telecommunications Act of 1996, but the effort stalled amid controversy over regulating the Internet.

Now might be a good time to try again to update this important legal framework, and to achieve the widely shared goal of ensuring network neutrality.