Net Neutrality
The Federal Communications Commission (FCC) voted on December 14 to approve the Restoring Internet Freedom Order, a repeal of the existing network neutrality regulations.
What is net neutrality?: Net neutrality is the principle that all internet traffic needs to be treated equally. It prohibits internet service providers (ISPs), such as Verizon or Comcast, from blocking or slowing specific internet content, thus preserving a fair and open internet. Powerful ISPs would be precluded from creating a tiered internet in which larger internet companies, like Netflix or Google, pay fees for more preferential fast-lane treatment, or get blocked altogether.
For example, in 2011, Verizon began blocking Google Wallet as it unveiled its own mobile payments company.
Quick history: In 2010, the FCC established Open Internet Order regulations with three main tenets: no unreasonable discrimination of content traffic, no unlawful blocking of content, and requisite performance transparency disclosures.
But Verizon sued the FCC, and in 2014, it won. Verizon v. FCC vacated the former two portions, ruling that they could only be applied to Title II ‘common carriers’ under the Communications Act of 1934.
So in 2015, the FCC reclassified ISPs under Title II, giving the Commission more regulatory authority over the internet. In doing so, the FCC essentially promoted the internet to the level of public utility by recognizing its importance to everyday, modern life.
Ajit Pai is Chairman of the five-member FCC, and formerly an associate general counsel for Verizon. A known net neutrality critic, Pai’s confirmation as chairman was widely viewed as clinching the fate of net neutrality.
Pai is a free-market libertarian by ideology, opposed to regulation. Upon his confirmation, Pai pledged to “fire up the weed whacker and remove those rules that are holding back investment, innovation and job creation.”
He was joined by the two other Republican FCC members in a 3–2 party-line vote. Yet despite the partisan vote, the issue of net neutrality does not publicly break upon party lines. According to a poll by the University of Maryland’s Program of Public Consultation, 75% of Republicans, 89% of Democrats, and 86% of Independents support maintaining net neutrality (83% overall).
Chariman Pai’s new rules repeal the reclassification of ISPs from the Title II, which would prevent the enforcement of net neutrality due to the Verizon verdict.
What’s next: Attorneys general from 22 states have filed a lawsuit to block the FCC repeal of net neutrality, led by New York State Attorney General Eric Schneiderman. “An open internet — and the free exchange of ideas it allows — is critical to our democratic process,” said Schneiderman.
Moreover, Senate Democrats are currently attempting to prevent the FCC’s repeal of net neutrality by utilizing a legislative tool known as the Congressional Review Act (CRA) for Senator Ed Markey (D-MA) to introduce a bill. The party has unanimous support of its 49 Senators as well as support from Rep. Senator Susan Collins (D-ME). It will require the support from one additional Republican Senator to advance the legislation to the House.
