A big win for net neutrality advocatesThe war over net neutrality isn't over, but it did just swing somewhat in favor of those who support a level playing field, one that's devoid of paid fast lanes. Tom Wheeler, Chairman of the Federal Communications Commission (FCC), confirmed today that he wants to reclassify and regulate the Internet as a public utility under Title II, a section of the Communications Act of 1934.
This is a big deal because it pulls the rug out from under ISPs that want to create their own rules, like allowing certain types of Internet traffic to run faster than others, or even outright blocking services altogether. As it currently stands, the Internet is regulated as an "information service" under Title I in the Communications Law. That means they're considered as "common carriers" and not subject to the same rules and regulations as the telecommunications industry. It's also why a U.S. Appeals Court ruled last year that the FCC didn't have the legal power to impose net neutrality rules on ISPs.
By classifying the Internet as a public utility, power would shift back to the FCC, which could then impose rules to prevent ISPs from speeding up or slowing down broadband traffic, effectively banning paid prioritization.
"I am proposing that the FCC use its Title II authority to implement and enforce open internet protections. Using this authority, I am submitting to my colleagues the strongest open internet protections ever proposed by the FCC," Wheeler said in an op-ed piece posted at Wired. "These enforceable, bright-line rules will ban paid prioritization, and the blocking and throttling of lawful content and services. I propose to fully apply—for the first time ever—those bright-line rules to mobile broadband. My proposal assures the rights of internet users to go where they want, when they want, and the rights of innovators to introduce new products without asking anyone’s permission."
Contrary to what ISPs would have you believe, Wheeler says the above can be accomplished while still encouraging investment in broadband networks.
As stated, however, the war isn't over -- you can bet that ISPs and certain lobbyists will oppose Wheeler's proposal. In fact, negative reactions are already starting to pile up.
"Heavily regulating the Internet for the first time is unnecessary and counterproductive," said Michael Glover, deputy general counsel for Verizon, according to CNET.
You can read the rules Wheeler proposes here.
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