Obama Administration Achieves Victory in Net Neutrality Legislation

boy sitting front of computer and showing thumb up

On Tuesday the 14th, the District of Columbia Appeals Court upheld the Obama Administration’s regulations of Net Neutrality. This allows the Federal Communications Commission to classify internet providers as a form of “telecommunications service.” Thus enabling the FCC to regulate internet providers to provide fair internet distribution.

Tom Wheeler, FCC Chairman, stated “Today’s ruling is a victory for consumers and innovators who deserve unfettered access to the entire web.”

Net Neutrality (Open Internet) enforces specific rules that internet providers must follow including:

• No Blocking: broadband providers may not block access to legal content, applications, services, or non-harmful devices.
• No Throttling: broadband providers may not impair or degrade lawful Internet traffic on the basis of content, applications, services, or non-harmful devices.
• No Paid Prioritization: broadband providers may not favor some lawful Internet traffic over other lawful traffic in exchange for consideration of any kind—in other words, no “fast lanes.” This rule also bans ISPs from prioritizing content and services of their affiliates.

These rules have been set for a very specific reason. Internet providers could block or limit internet access to certain websites that the internet provider may have been competing with. Sometimes the internet provider would speed up the service of specific websites in order to promote their content creating a form of internet “fast lane”. Therefore providing unequal internet access.

The intention of Net Neutrality is to prevent the discrimination of internet access and to assert internet as a form of standard communication. Net Neutrality is derived from the Telecommunications Act of 1996 (an extension of the Communications Act of 1934) which was intended to provide fair and equal communication.

The victory for the FCC has not been won easily; even though the FCC adopted Net Neutrality rules in 2015, court approval for the rules have been debated since 2011 when broadband companies sued the FCC for “overstepping” its authority. The basis for these suits was that the FCC would “have too much control” and could harm the economy by setting low internet costs and could also harm smaller broadband companies. These suits resulted in the FCC having to redraft many of the rules used in Net Neutrality.

The struggle for internet equality, however, may not end here. It’s possible that the case may reach the Supreme Court, a situation that could result in a even further complication. The absence of Justice Antonin Scalia could lead to a split 4-4 ruling that would mean even further delay in final enactment of Net Neutrality.

David McAtee, AT&T’s general council stated “We have always expected this issue to be decided by the Supreme Court, and we look forward to participating in that appeal.”