What Is Net Neutrality? Policies and Controversy

What Is Net Neutrality?

Network neutrality ensures that all data on the Internet is treated equally by Internet service providers (ISPs) and governments, regardless of content, user, platform, application, or device.

For users, net neutrality enables access and transparency of Internet content and allows access to all Internet services and applications.

Understanding Net Neutrality

Net neutrality argues that the Internet should be accessible to everyone and requires all ISPs to provide the same level of data access and speed to all traffic and traffic to one service or website cannot be blocked or degraded.

Coined by Columbia University law professor Tim Wu, net neutrality is used as a broad label in Internet public policy and regulatory discussions concerning online freedom of expression, competition of service, innovation, pricing, and Internet traffic management.

Policy discussions both for and against net neutrality regulation target issues such as blocking or filtering online content, preferential Internet speeds based on business agreements, throttling to limit user upload and download rates, and market competition and innovation to offer consumers the best choice of ISP.

Net Neutrality Policies

The Obama Administration advanced net neutrality legislation in 2015 and enacted rules that barred ISPs such as AT&T and Comcast from deliberately speeding up or slowing down traffic to or from specific websites based on demand or business preferences.

However, in 2017, the Federal Communications Commission (FCC), under President Trump, eliminated all net neutrality protections and renounced its authority over broadband, but allowed states to implement their own open Internet rules.

In July 2022, Senators Edward J. Markey (D-Mass.), Ron Wyden (D-Ore.), and Representative Doris Matsui (CA-06) introduced the Net Neutrality and Broadband Justice Act, legislation that would classify broadband Internet access as a telecommunications service under Title II of the Communications Act, giving the FCC the appropriate authority to reinstate net neutrality protections.

The COVID-19 pandemic highlighted the need for an accessible and just broadband future and the Net Neutrality and Broadband Justice Act gives the FCC the authority to prohibit discriminatory practices like blocking, throttling, paid prioritization online, and the ability to enact effective broadband policies that enhance public safety, increase accessibility, and protect consumers.

In April 2024, the Federal Communications Commission (FCC) restored net neutrality but a federal court blocked it in August 2024.

Net Neutrality Discussion

There are opposing opinions concerning net neutrality and acceptable Internet management activities and those which are overreaching and result in discrimination against both users and content providers.

Arguments for Net Neutrality

• Network neutrality does not allow ISPs to determine the speed at which consumers can access specific websites or services and smaller companies will be more likely to enter the market and create new services.
• Net neutrality ensures an open Internet if mandated by law in the U.S. and prevents broadband providers from practicing data discrimination as a competitive tactic.
• Human rights organizations, consumer rights advocates, and software companies argue that cable companies should be classified as "common carriers," like public utility companies or public transportation providers, who are forbidden by law from discriminating among their users.

Criticism of Net Neutrality

• Forcing ISPs to treat all traffic equally, the government will ultimately discourage the investment in new infrastructure, and will also create a disincentive for ISPs to innovate.
• Conservative think tanks, hardware companies, and major telecommunication providers are popular critics of net neutrality.
• ISPs argue that tiered prices allow them to remain competitive and generate funds needed for further innovation and expansion of broadband networks, as well as to recoup the costs already invested in broadband.

Examples of Net Neutrality Violations

Following the 2017 repeal of net neutrality rules, several violations were studied including:

• YouTube and Netflix were slowed by wireless carriers, using a fraction of the available speed.
• Verizon’s throttling of services affected the Santa Clara County Fire Department’s ability to provide emergency services during the California wildfires.
• Comcast introduced new speed limits where videos will be throttled to 480p on all its mobile plans unless customers pay extra.
• AT&T introduced a "Turbo" add-on feature for its mobile data plans, which allows users to pay an extra amount for faster speeds. While technically allowed as it is a service tier, it raised questions about net neutrality violations.
  

The Bottom Line

Net neutrality seeks to promote an open and free Internet, unencumbered by service providers and other organizations. Regulations and policies regarding net neutrality have been debated for several years with policies and changes enacted since 2015.