Tech Musing #2 - Net Neutrality Is In More Danger Than Ever

One year ago the Federal Communications Commission (FCC) adopted the Open Internet Order. Discussed frequently in class, this order theoretically ushers us into the age of net neutrality.  In other words, Internet service providers are not able to discriminate against certain types of traffic or charging more for content to be funneled through "fast-lanes". However, the battle is not over. According to the article in Wired, "The FCC's decision has catalyzed the forces that oppose government-enforced net neutrality. Regulators may be pushing for a more open Internet, but its prospects are in greater danger than ever".

These threats can be seen in recent Presidential campaigns. Last month, Ted Cruz and Marco Rubio participated in the proposal of a bill that would overturn the FCC decision; "The Restoring Internet Freedom Act". The act would nullify the FCC's net neutrality rules and prohibit the agency from passing similar rules in the future. Ted Cruz referred to net neutrality as the "Obamacare for the Internet", and Donald Trump claimed that net neutrality will somehow "target conservative media" even though they have no power to interfere with conservative websites. This types of involvement and statements are working. Eighty-five percent of self-identified Republicans opposed internet fast lanes. As compared to a later polling in 2015, the number had dropped to 63%, displaying an effect of the presidential campaign propaganda.

Another threat to the Open Internet Order is a lawsuit to be filed on behalf of the telecommunications industry. The US Telecom Association is challenging the FCC's authority to enforce net neutrality regulations. The case is being deliberated by the US Court of Appeals' District of Columbia Circuit. The previous version of the Open Internet Order was struck down because broadband providers were not classified as common carriers. The FCC has reclassified them as common carriers now. However, telecom industry is challenging FCC's decision stating that "The order represents and unprecedented transfer of regulatory power to the FCC without a clear warrant from Congress".

Network loopholes also pose another threat. Internet providers are implementing a practice referred to as "zero rating". Through this, providers are exempting certain apps or website from data limits. It makes it more expensive for subscribers to stream videos and use certain websites than others. Instead of a fast lane, they have enforced a toll road for the Internet. While it is unfair, it is not specifically banned by the Open Internet Act. As mentioned in class, T-Mobile has been the most famous face of zero-rating services with its Binge On offering. It downgrades speeds for all videos connections, however, it will not count data streaming from certain providers against their customers data limits. T-Mobiles system is different from those like Verizon and AT&T in that they do not charge companies to allow users access to zero-rated data. There is still some controversy as T-Mobile violates the FCC's general conduct rules and is indeed illegal. The FCC reserves the right to ban zero rating on a case-by-case basis, but has yet to take action towards T-Mobile.

Net neutrality and the controversy that surrounds it is not only interesting but something that MIS professionals and students should be aware of and keep up with. While it will continue to be debated, the Open Internet Order or the Restoring Internet Freedom Act may cause a major shift in the way we use the Internet. As students who use the Internet every day for more than just streaming Netflix, we need to stay informed.

Reference:
http://www.wired.com/2016/03/despite-fcc-net-neutrality-danger-ever/