Network neutrality ensures that all data on the internet is treated equally by internet service providers (ISPs) and governments, regardless of content, user, platform, application, or device. For users, net neutrality enables access and transparency of internet content and allows access to all internet services and applications.
Key Takeaways
- Equal Data Treatment: Network neutrality ensures that all data on the internet is treated equally by ISPs and governments, regardless of content, user, platform, application, or device.
- Policy Issues: Net neutrality policy discussions target issues such as blocking or filtering online content, and preferential internet speeds based on business agreements.
- US Legislation History: U.S. net neutrality laws were enacted by the Obama administration in 2015 and repealed by the Trump administration in 2018.
- Future Legislation: The Net Neutrality and Broadband Justice Act was introduced in July 2022 and would give the FCC tools to protect the free and open internet and create a just broadband future for everyone in the United States.
Understanding Net Neutrality
Net neutrality argues that the internet should be accessible to everyone and requires all ISPs to provide the same level of data access and speed to all traffic and traffic to one service or website cannot be blocked or degraded.
Coined by Columbia University law professor Tim Wu, net neutrality is pivotal in public policy and regulatory discussions concerning online freedom of expression, competition of service, innovation, pricing, and internet traffic management.
Policy discussions both for and against net neutrality regulation target issues: blocking or filtering online content, preferential internet speeds based on business agreements, throttling to limit user upload and download rates, and market competition and innovation to offer consumers the best choice of ISP.
Net Neutrality Policies
The Obama Administration advanced net neutrality legislation in 2015 and enacted rules that barred ISPs, such as AT&T and Comcast, from deliberately speeding up or slowing down traffic to or from specific websites based on demand or business preferences.
However, in 2017, the Federal Communications Commission (FCC), under President Trump, eliminated all net neutrality protections and renounced its authority over broadband, allowing states to implement their own open internet rules.
In July 2022, Senators Edward J. Markey, Ron Wyden, and Representative Doris Matsui introduced the Net Neutrality and Broadband Justice Act. This legislation would classify broadband internet access as a telecommunications service under Title II of the Communications Act, giving the FCC the authority to reinstate net neutrality protections.
The COVID-19 pandemic highlighted the need for an accessible and just broadband future, and the Net Neutrality and Broadband Justice Act gives the FCC the authority to prohibit discriminatory practices like blocking, throttling, paid prioritization online, and the ability to enact effective broadband policies that enhance public safety, increase accessibility, and protect consumers.
Net Neutrality Discussion
There are opposing opinions concerning net neutrality and acceptable internet management activities versus those overreaching and discriminatory against both users and content providers.
Arguments for Net Neutrality
- Equal Access: Network neutrality ensures ISPs do not determine the speed at which consumers can access specific websites or services, encouraging market entry and service creation by smaller companies.
- Legal Mandate: Ensuring net neutrality by law in the U.S. and preventing broadband providers from practicing data discrimination as a competitive tactic.
- Classification as Common Carriers: Human rights organizations, consumer rights advocates, and software companies argue that cable companies should be classified as “common carriers,” like public utility companies or public transportation providers, forbidden by law from discriminating among their users.
Criticisms of Net Neutrality
- Investment Discouragement: Government-mandated data equality may discourage infrastructure investment and create disincentives for ISPs to innovate.
- Popular Critics: Conservative think tanks, hardware companies, and major telecommunications providers are critical of net neutrality.
- Competitive Pricing: ISPs argue that tiered pricing allows them to remain competitive, generate necessary innovation funds, and recoup the costs already invested in broadband networks.
Enhanced Example: Net Neutrality in Action
Following the 2017 repeal of net neutrality rules, several notable violations occurred:
- Streaming Services Throttled: YouTube and Netflix were slowed down by wireless carriers, limiting the available speed for streaming content.
- Emergency Services Impacted: Verizon throttled data services during the California wildfires, affecting the Santa Clara County Fire Department’s ability to provide emergency services.
- Tiered Speed Plans: Comcast introduced new speed limits, throttling video quality to 480p on all mobile plans unless customers paid extra.
Global Perspective on Net Neutrality
Net Neutrality in the UK
The European Union (EU) has established regulations to promote and protect an open internet, preventing ISPs from restricting and blocking users’ access to lawful content. Certain exceptions, such as the ability to slow traffic at the request of a court order, apply.
Net Neutrality in India
In 2017, India developed some of the strictest net neutrality laws in the world. Activists and policymakers advocated for regulations promoting an open internet and widespread access, penalizing service providers who violate these laws by revoking their operating licenses.
The Bottom Line
Net neutrality seeks to promote an open and free internet, unencumbered by service providers and other organizations. Regulations and policies regarding net neutrality have been the subject of extensive debate, evolving since their introduction in 2015.
Related Terms: Internet service providers, Broadband, FCC, Net Neutrality and Broadband Justice Act, Internet regulation.
References
- Senator Ed Markey. “Senators Markey, Wyden, and Rep. Matsui Introduce Legislation to Reinstate Net Neutrality, Reverse Damaging Trump-Era Deregulation”.
- Internet Society. “Policy Brief: Network Neutrality”.
- FCC. “Chairman Pai Statement on Victory in D.C. Circuit”.
- Wired magazine. “The WIRED Guide to Net Neutrality”.
- U.S. Government Publishing Office. “Why Net Neutrality Matters: Protecting Consumers and Competition Through Meaningful Open Internet Rules”.
- Consumer Reports. “Understanding the Fight Over Net Neutrality”.
- Bloomberg. “YouTube, Netflix Found to Be Slowed by Wireless Carriers”.
- Public Knowledge. “Broadband Providers Are Quietly Taking Advantage of an Internet Without Net Neutrality Protections.”
- ISPreview. “EU Telecoms Regulators Publish Final Net Neutrality Guidelines”.
- CNN Money. “India now has the ‘world’s strongest’ net neutrality rules”.
