Why are people saying 'net neutrality is dead' in United States?
In what will come as a blow for advocates of net neutrality around the globe, the US Federal Communications Commission (FCC), on December 14, approved the removal of the tough laws it put in place just two years ago. With a 3-2 vote in favour of rescinding the guidelines it had imposed under Barack Obama administration in 2015, the US telecom regulatory authority has, in one fell swoop, damaged the core idea of the unbiased and non-discriminatory digital space we call the internet.
For us sitting in India, what's more concerning is that this move by the FCC sets a dangerous precedent at a time when most regulatory authorities around the globe are batting for net neutrality – close to home, the Telecom Regulatory Authority of India (TRAI) recently announced guidelines to strengthen the idea of the internet remaining resource accessible to all, without any discrimination.
With serious doubts being cast over the ability of the internet to remain an unbiased playground for all going forward, the latest development is being termed as the "death of net neutrality" in the US. Here's why:
1. Paid slow and fast lanes
In what could greatly influence the way Americans use the internet, the FCC ruling gives the Internet Service Provider (ISP) the power to create slow and fast lanes on their networks, thus essentially giving them the ability to cap data speeds on certain websites and services.
At its core, the move is highly discriminatory in nature and opens the door for exploitative practices, which could see the performance on certain websites being intentionally throttled for anti-competitive motives. Any such move, coupled with a competitor being afforded a fast lane on the network, will invariably lead to the end user being coerced into moving to the competing website or service.
2. Blocking of apps and services
Yes, it's as sinister as it sounds. Armed with this, telecom operators such as Verizon and AT&T can block any application from running on their networks. This sweeping power also allows them to block any app from their competitors. The implications of this move could be extremely grave as this could create an internet that would be unhealthy and discriminatory in nature.
3. Declassifying ISPs as Title II common carriers
What's worse is that today's ruling also removes the Title II designation previously given to the ISP. This essentially gives them legal backing to carry out unhealthy practices that would make the internet non-neutral. By changing the classification, the FCC also does away with the possibility of putting tough net neutrality rules in place.
FCC makes its stance clear
With the FCC making such sweeping changes to net neutrality rules in the US, and its chairman making the regulatory authority's stance on the issue clear, it looks like those fighting to keep the internet a neutral resource have their work cut out.
Speaking after the vote, the FCC chairman said: "The internet wasn't broken in 2015. We were not living in some digital dystopia... The main problem consumers have with the internet is not and has never been that their internet provider is blocking access to content. It's been that they don't have access at all.”
Hope for the future
However, despite the latest move leaving internet users in the US at the mercy of big ISPs, and seriously damaging the core idea behind the world wide web, there still remains hope for net neutrality.
Net neutrality advocates in the US will almost certainly appeal after the commission's ruling in an attempt to invalidate this development and restore the 2015 net neutrality rules. As The Verge explains, "...the commission is allowed to change its mind, it isn’t allowed to change rules for 'arbitrary and capricious' reasons."
In court, the FCC will have to prove that enough has changed since 2015 and that there’s enough evidence in the way of comments to back up the conclusion that net neutrality ought to be revoked.
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