What's next for net neutrality?
The FCC voted today to regulate the Internet as a public utility.
QuickTake:
That gives it authority to bar service providers likeComcast and Verizon from charging content providers like Netflix for preferential treatment, and from blocking or slowing Web traffic. The rules would also, for the first time, apply open-Internet protections to wireless services for tablets and smartphones. FCC Chairman Tom Wheeler said the agency would not seek to regulate pricing. Both Republican FCC commissioners voted against the rule change and Internet service companies say they’ll fight them in court. What’s confusing is that both sides say they want an open Internet; what’s indispute is whether a heavier government regulatory hand is needed to preserve it. Read more...
Katie Benner:
The FCC’s proposal is being described as a move to regulate the Internet like a utility, and to some degree the description makes sense. Broadband companies won’t be able to block or slow websites and will have to treat data equally. But the commission won't oversee pricing for consumers in a material way, and price caps characterize most utilities. We pay for electricity and water, but those charges are regulated to ensure that a company can make money while still providing reasonably affordable access to a vital service. Read more...
Noah Feldman:
Thus far, legal battles surrounding net neutrality have focused on the FCC’s authority to regulate. Now that the political process has established a statutory responsibility, opponents of net neutrality -- primarily Internet service providers -- need a constitutional argument to ask the courts to reverse the result. Their best bet is to claim that Internet traffic is a form of speech, and the ISPs that carry those messages are speakers. Read more...