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Federal Communications Commission Chairman Tom Wheeler crafted the rules to survive lawsuits filed by Internet service providers, and the strategy worked when a federal appeals court upheld the rules in June of this year. But that doesn’t mean a new presidential administration can’t overturn them.

The FCC rules say ISPs may not block or throttle lawful Internet traffic or speed up Web services in exchange for payments from online service providers. A similar set of net neutrality rules was previously struck down in court, leading to Wheeler’s decision to reclassify broadband providers as common carriers under Title II of the Communications Act. The commission’s Title II authority was enough to put the rules on solid legal ground.