The Ongoing Battle for Net Neutrality: Understanding the Fight for a Free and Open Internet
The fight for net neutrality has been a longstanding and contentious issue, with federal net neutrality rules being implemented and repealed multiple times over the past 15 years. The Federal Communications Commission (FCC) first passed the Open Internet Order under President Barack Obama in 2010, which prohibited internet service providers (ISPs) from blocking or throttling lawful internet traffic. However, this order was later blocked by a court, and an updated framework was passed by the FCC in 2015, only to be overturned in 2017 under President Donald Trump’s administration.
Despite the setbacks, the fight for net neutrality continues, with many advocates arguing that it is essential for maintaining a free and open internet. Matt Wood, vice president of policy and general counsel at the nonprofit Free Press, notes that ISPs often claim that net neutrality rules are burdensome, but in reality, many of them are already complying with these rules. “A lot of cable and phone companies, when they talk to their business people and then go back to investors and to the financial analysts, they’re saying, ‘Yep, this is how we’re doing it anyway,'” Wood says. “So, I think a lot of their complaints about the supposed ‘burdens’ from these rules are really just ideological in nature.”
The Importance of Net Neutrality Regulations
Net neutrality regulations are crucial for ensuring that ISPs do not prioritize certain types of internet traffic over others, which could lead to a two-tiered internet system where some content is prioritized over others. This could have significant implications for consumers, who may find that their internet speeds are slowed down or that certain websites are blocked. Chao Jun Liu, senior legislative associate at the nonprofit Electronic Frontier Foundation (EFF), notes that the FCC’s recent move to reverse Biden-era telecom cybersecurity rules is part of a larger deregulatory agenda. “There is very much this theme of, ISPs just want to do whatever they want to do with no limits and nobody telling them how to do it, when to do it, [or] on what timeline,” Liu says.
State-level net neutrality laws have become a crucial line of defense for consumers, with many states passing their own laws to regulate ISPs. California’s 2018 net neutrality law is considered the gold standard, and includes policies such as banning zero-rating, which allows ISPs to exempt certain apps or services from customers’ data caps. Other states, including Washington, Oregon, Colorado, New Jersey, and Vermont, have also adopted similar rules. However, the Trump administration’s FCC has begun to push back against these state-level laws, with the National Telecommunications and Information Administration (NTIA) starting a push to pressure states into exempting ISPs from their net neutrality laws in order to be eligible for funding from the Biden-era Broadband Equity, Access, and Deployment (BEAD) Program.
The Impact of Deregulation on Broadband Access
The deregulation of the internet and broadband industry has significant implications for consumers, particularly in rural areas where access to high-speed internet is often limited. The BEAD program was intended to help address this issue, but the ongoing debate over net neutrality and deregulation has delayed its rollout. “Why are we making broadband deployment, which is pretty popular and pretty bipartisan, into yet another front in these culture wars?” asks Matt Wood. The US is also experiencing a wave of bills that could roll out widespread age verification rules online, sparking debate about privacy, censorship, and free speech.
As the fight for net neutrality continues, it is essential to consider the potential consequences of deregulation on broadband access and the internet as a whole. With the rise of network slicing on 5G networks, which allows certain customers to pay for virtual networks with higher speeds, there is a risk that the internet could become even more fragmented and unequal. It is crucial that policymakers and regulators prioritize the needs of consumers and ensure that the internet remains a free and open platform for all.
