The attack on equal use of the internet took another potentially threatening turn as the Federal Communications Commission (FCC) announced that it would end “Net Neutrality,” restrictions that previously prohibited internet service providers (ISPs) from offering higher speeds to wealthy or powerful organizations.
The FCC decision came in the wake of the lengthy decision by the U.S. Court of Appeals in Washington, D.C. holding that the FCC didn’t have the authority to prohibit this type of behavior. Advocates of equal internet treatment were disappointed that the FCC simply didn’t ask for enabling legislation that would offset the Court decision. There are other rules—known as Title II—that some felt could be relied on to accomplish this.
FCC Chairman Tom Wheeler has pledged to have rules in place by the end of the year allowing ISPs to offer higher speeds for a price. He noted that the FCC could still act to prevent “harmful behavior” by ISPs, that no legal content could be blocked, that policies must be transparent, and that no preferential treatment could be offered.
Of course, providing faster speeds IS preferential treatment. Critics, including Jon Brodkin writing in arstechnica have pointed out the Chairman Wheeler formerly was the president and CEO of the National Cable & Telecommunications Association, a group that stands to benefit from the FCC decision.
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Smaller companies could be placed at a competitive disadvantage, as would political or ideological users who couldn’t compete with organizations that are funded by wealthy backers such as George Soros.
The concept of faster service is not restricted to the internet. The U.S. Postal Service offers overnight delivery for a fee significantly higher than an average first-class stamp. A better analogy may be a hypothetical act by Washington that would allow well-financed transportation companies to drive on federal highways at faster speeds for a fee.
Following the Obama Administration’s recent decision to surrender control of the Internet to an international body without the consent of Congress or the opportunity of the public to effectively comment, fears have been raised that users without access to power or wealth could be marginalized to speeds that discourage or prevent access equal to what currently exists.