Regarding net neutrality, The internet is one of the greatest inventions of all time because it has unlocked limitless possibilities & innovations and created a global marketplace for businesses.
And a big reason for this global growth and innovation is the equal treatment of internet traffic (net neutrality).
However, the appetite for profits has led to unequal treatment of internet traffic as corporations pay to have more bandwidth reserved for their platforms.
This unequal internet access has brought forth several court cases, and we will explain this history to help you understand how we got where we are today. Read on to learn more!
What Is Net Neutrality?
Net neutrality is the principle that internet service providers should treat all the data that travels across their cell towers and cable networks equally without any improper preference or discrimination of particular services, sites, or apps.
The idea helps safeguard the open internet because internet providers were slowly creating a closed internet system by blocking applications/protocols or forging packets to tamper with some internet traffic.
A website blocked by an ISP
History of Net Neutrality
Tim Wu, a law professor at Columbia University’s Law School, coined the term net neutrality in a 2002 and 2003 paper when explaining broadband discrimination and a proposal for network neutrality.
The FCC (Federal Communications Commission) spent several years under the Bush and Obama administrations trying to implement net neutrality laws.
Bush Era
The FCC tried to implement the first net neutrality rules in 2005 using a policy statement stating that ISPs should not prevent internet users from connecting to the internet using their preferred devices.
This policy also prohibited them from blocking legal content on their networks.
Using the policy, the commission ordered Comcast to stop throttling connection speeds when users accessed BitTorrent.
Comcast retaliated by suing the commission, arguing that the agency lacks authority over such matters. The internet provider won the case in a federal court.
An image showing the judgment on net neutrality
Obama Era
The FCC drafted a more detailed net neutrality protection order in 2010, stating that ISPs could not impose data limits on users or block them from accessing certain websites.
Verizon Communications filed a federal lawsuit against the order in 2011, and the Federal appeals court overturned FCC’s policy in 2014.
Later that year, the FCC floated a notice of proposed rulemaking on the internet regulatory structure and opened a period for the public to present their suggestions.
A Change of Tack
During that period, Tom Wheeler, the FCC chair, changed strategy and placed all broadband services in the Title II carrier category.
The commission passed detailed net neutrality orders in 2015, resulting in multiple lawsuits from net neutrality opponents (ISPs).
But this time, the federal court sided with the FCC and upheld its strict net neutrality rules.
A 3D illustration on net neutrality showing free vs. restricted internet
A Change of Leadership
All looked positive until President Trump appointed Ajit Pai as the new FCC chair in 2017.
Ajit Pai announced plans to reverse the net neutrality orders introduced in 2015 and introduced a public commenting period.
Like the last time, the commission received multiple comments, but most came from bots and opposed net neutrality.
The commission eventually voted to overthrow the 2015 policy and adopted new regulations that dropped the common-carrier status for ISPs.
These new rules also eliminated any restrictions for throttling or blocking lawful content.
The Effect of Net Neutrality on ISPs
Net neutrality prevents ISPs from doing two things.
- Slowing or throttling internet speeds to users when accessing certain websites or services online.
- Offering preferential treatment (faster internet with no caps and throttling) to users paying higher premiums.
To put it into context, the idea of the open internet meant companies like Walt Disney would not have to pay higher premiums to get better download speeds.
Also, services like DirecTV would get the same access speeds as Netflix even when using AT&T.
So ISPs would have to charge all customers a flat rate and allow traffic to flow without restrictions.
Although ISPs will take a hit in their profits, consumers will be the beneficiaries.
Net Neutrality Violation Examples
After the 2017 repeal of the net neutrality rules, the following examples came to light.
- Wireless broadband carriers throttled connection speeds for users accessing Netflix and YouTube to a fraction of the available bandwidth.
- Sprint began throttling Skype, reducing its video quality.
- Comcast created new speed limits that throttle videos to 480p on all mobile plans unless customers pay extra.
Slow internet speeds caused by throttling
- Verizon’s internet access throttling hampered the Santa Clara County Fire Department’s ability to provide emergency services during the California wildfires.
Net Neutrality Benefits
- Information freedom, idea sharing, and free speech: Net neutrality principles disallow ISPs from regulating what users access or see online.
- Innovation: Enshrining net neutrality into law promotes innovation by eliminating barriers to entry for emerging companies. Blocking or throttling access to the services provided by these companies can kill them.
The concept of net neutrality (every data packet is equal)
- Consumer choice and business freedom: By offering preferential treatment to businesses who pay extra, internet service providers can kill the competition by creating an unfair playing field. This business practice limits customer choice and business freedom.
Net Neutrality Opponents’ Arguments
The broadband industry’s reasons for opposing net neutrality include the following.
- Forcing broadband carriers to treat internet traffic equally eliminates the incentive for them to innovate and discourages investment in infrastructure.
- Tiered pricing allows ISPs to provide affordable internet access to those who can’t afford it. Also, it enables providers to remain competitive and gain the profits required for expansion and innovation while recouping the investments made in broadband.
But most people know it is mostly about profits.
A man choking on an ethernet cable illustrates the lack of neutrality regulations.
The Future of Net Neutrality
The federal appeals court sided with the FCC in most of its 2019 ruling by allowing the FCC to reclassify internet providers as Title I or II.
But the verdict also had some great news. The court said the FCC does not have the authority to override state or local-level net neutrality laws.
Net neutrality on a hex code illustration
So states took it upon themselves to protect their residents, with Washington being the first to pass net neutrality laws.
In some states, governors banned state agencies from doing business with any ISP that does not uphold net neutrality principles.
However, the matter is in court in several states and requires more deliberations to know the way forward. Also, most people and politicians seem to have forgotten the issue or have it low on their priority list.
So most ISPs still implement data caps and don’t offer equal treatment of internet traffic.
Wrap Up
As you can see, the net neutrality issue is still with us, but the 2019 ruling gave some hope.
Since states and local governments have more authority over the FCC, the people have more power over internet control.
Some states might implement strict net neutrality laws, while others might support ISPs. It depends on the leadership.
So it should be exciting to see how this ruling will affect internet providers as states handle the matter.
Comment below to let us know what you think about net neutrality. We would like to hear your opinion.