Another Push for Net Neutrality
Last week, several internet companies — Mozilla ADT, Dropbox, Eventbrite, Reddit, Vimeo, Wikimedia — sent a letter to the FCC asking the agency to reinstate net neutrality as a matter of urgency.
What is Net Neutrality?
The idea behind net neutrality is that Internet Service Providers (ISPs) shouldn’t be able to artificially alter the competitive landscape of websites, apps and services. Net neutrality aligns with the founding principle of the internet: that there should be no barriers to entering the market, connecting with others and competing for an audience. Under net neutrality, ISPs like AT&T and Verizon, would treat all internet traffic equally, codified by specific regulations against blocking, throttling, or prioritizing any specific content or traffic.
When consumers send or receive data over the internet, they expect ISPs to transfer that data from one end of the network to the other. Consumers don’t expect ISPs to analyze or manipulate this information. Network neutrality means applying well-established “common carrier” (ie. telecom companies) rules to the internet to preserve its freedom and openness. Common carriage prohibits the owner of a network from discriminating against information. Ultimately, net neutrality ensures that users can freely access ideas and services without artificial restrictions imposed by ISPs.
The FCC first implemented net neutrality during the Obama administration, classifying ISPs as “common carriers” under Title II of the Communications Act of 1934, but in 2017, that order was reversed by the Trump administration. The Trump FCC led by then-Chairman Ajit Pai moved to undo the rule and was ultimately successful despite a court challenge led by Mozilla.
Recent Action by States
With the order reversed at the federal level, some states have made their own push for state-level net neutrality laws. In California, a recent court decision will allow the state to enforce its state net neutrality law and give residents the benefit of fundamental internet safeguards. These state laws have put pressure on ISPs to limit uncompetitive practices, such as “sponsored data.” One recent example is AT&T’s practice of excluding its own HBO Max streaming from counting against wireless customers’ data caps. AT&T announced last week that it would do away with such an arrangement after a federal court upheld California’s net neutrality law that bans this type of “sponsored data.”
Need for Action at Federal Level
While states are putting pressure on ISPs, a state-by-state approach is not the best solution and measures need to be taken at the federal level. With the recent appointment of Acting Chairwoman Jessica Rosenworcel to lead the FCC, there will be a new opportunity to establish net neutrality rules at the federal level, ensuring a free and open access to the internet for individuals and businesses.
Since the pandemic, the need for net neutrality protections has become even more apparent. Classrooms and offices have moved online by necessity, making it critically important to have rules and strong government oversight/enforcement to protect families and businesses from predatory practices. I believe that congress needs to come together and pass legislation that would codify net neutrality into law and not be subject to the political leanings of future administrations and the FCC. Since most individuals only have one or two options when choosing an internet provider, we can’t rely on competitive market dynamics to yield the most equitable outcome for consumers. An internet without net neutrality would give ISPs a disproportionate amount of power and control of data which ultimately undermines innovation and hamper economic growth. When market dynamics fail, it’s the government’s responsibility to step and protect consumers— this is certainly needed for a free and open internet.
