As
reported by NPR: The beauty of the Internet — and the reason for its ubiquitous place in our
lives — is that just about anyone can use it to offer services, products or
information. But the link between what's out there on the Internet, how fast it
gets to us and how much data can get to us is dependent on Internet service
providers and the rules that govern them. That's where things get thorny for the
principle of
net neutrality.
If your eyes are already glazing over, consider this: This debate could
affect the speed, quality and cost of your
Hulu or
Netflix binge-viewing.
Net neutrality is back in the news Monday because a landmark case is getting
its day in a D.C. federal court. The case challenges
whether the federal
government can enforce net neutrality rules. Here's a primer to get you up to
speed:
What Is Net
Neutrality?
Net neutrality refers to the notion that's governed the Internet since the
beginning — all Internet users deserve equal access to online information, no
matter whether you use
Verizon or
Comcast. Internet service providers should be
"neutral" to the content their customers consume.
The Way Things Are Now
As things are now, the
Federal Communications Commission regulates net neutrality by "policing" an open
Internet. The current rules, passed in 2010, prevent broadband Internet service
providers from blocking lawful content and other Internet services.
Time
magazine sums up the three rules:
"First, the order requires ISPs to be transparent about how they handle
network congestion; second, the ISPs are prohibited from blocking traffic such
as Skype or Netflix on wired networks; third, the order outlaws 'unreasonable'
discrimination, meaning the ISPs can't put such services into an Internet 'slow
lane' in order to benefit their own competing services."
The regulations don't fully cover wireless carriers, something that Internet
rights groups aren't pleased with. The FCC says the exemption recognizes that
the wireless Internet gets overused because of new customers constantly signing
up and that carriers, therefore, need flexibility to put limits on use.
The Politics
President Obama supported net neutrality in his 2008 campaign, and then after
he was sworn in, he appointed Julius Genachowski, a net neutrality supporter, as
chairman of the FCC.
In December 2010, when the FCC approved a plan to implement the net
neutrality regulations, the vote was 3-2, along party lines. Congressional
Republicans argue that net neutrality is unnecessary government involvement that
stifles innovation; the GOP-controlled House has even voted to strip the FCC of
funding for net neutrality enforcement.
The Recent History
For nearly a decade, companies have challenged the net neutrality principle,
a move they say better serves their customers.
In 2007, customers accused Comcast of "throttling," or purposely slowing down
downloads. Comcast and other companies argued that they needed to discriminate
between the bits of information being shared to conserve bandwidth given the
growing number of customers on the Web. The FCC cited Comcast, Comcast appealed,
and the same court hearing Monday's case decided the FCC didn't prove it had the
authority to regulate broadband Internet.
The Case Before Judges
It's an understatement to say communications companies aren't pleased with
existing FCC regulations. Verizon filed suit in federal court to overturn the
rules, arguing the FCC overstepped its regulatory authority and that the rules
are unnecessary. Verizon points out that the FCC has documented only four
examples in the past six years of ISPs' possibly blocking content.
Verizon also said that net neutrality rules violate the First Amendment,
since broadband companies transmit the speech of others. That gives the
providers "editorial discretion," according to Verizon.
The FCC
argues
that it has the authority to enforce net neutrality under provisions of the
Telecommunications Act of 1996 and the Communications Act of 1934.
Internet rights groups believe the open Internet is what lets companies like
Twitter, Facebook and Skype flourish. Supporters say net neutrality prevented
existing market players from slowing down or blocking the connections of Skype
calls, for instance, to protect their businesses. As
The New York Times
lays out:
"The F.C.C. ... believes that Internet service providers must keep their
pipelines free and open, giving the creators of any type of legal content —
movies, shopping sites, medical services, or even pornography — an equal ability
to reach consumers. If certain players are able to buy greater access to
Internet users, regulators believe, the playing field will tilt in the direction
of the richest companies, possibly preventing the next Google or Facebook from
getting off the ground."
The three judges on the U.S. Court of Appeals for the District of Columbia
Circuit are hearing the case now.
The Implications
Advocates of net
neutrality fear that if the federal government stops enforcing rules to keep the
pipelines free and open, then certain companies will be able to get greater
access to Internet users. That, they say, creates a system of haves and have
nots — the richest companies could get access to a wider swath of Internet
users, for example, and that could prevent the next Google from getting off the
ground.
GigaOm
explains:
"If the courts decide
the FCC doesn't have the legal authority to enforce the network neutrality
rules, it not only could gut the rules, but it also gives ISPs a free pass to
start
making decisions about the information aspects of their service — and in
today's non-competitive broadband environment — that could mean throttling
Netflix or charging Google more money to deliver a clean YouTube stream. It also
neuters the agency moving forward when all content will flow as information over
broadband pipes — from TV to your doctor visits."
Judges aren't expected to issue a ruling for months. But now you're up to
speed.