Is the U.S. FCC really about to destroy the Open Internet?

It looks like there's some bad news coming out of the United States. Headlines across the country are suggesting that the U.S. Federal Communications Commission, or FCC, has announced new rules that could destroy the Open Internet. The rules will allow giant media conglomerates to buy faster access, leaving everyone else in the slow lane. If passed, these extreme proposals would mean there will be a “fast lane” for companies that can pay, and a “slow lane” for those who cannot.

The rules threaten to destroy the hallowed principle of Net Neutrality – one of the core founding principles of the Internet. As we’ve described elsewhere (see here or here), Net Neutrality basically means all Internet traffic should be treated equally, regardless of where it’s coming from.

Meanwhile, a defensive-sounding FCC is desperately trying to assure the public that their new rules would prevent any type of network slowing that isn’t “commercially reasonable.” However, U.S. telecom expert Josh Levy at Free Press rightly pointed out during their multi-group reddit Ask-Me-Anything (AMA) today, that the new proposals are even worse than they appear at first glance. Josh highlights how, in addition to creating a “pay-to-play” scheme to benefit deep-pocketed giant conglomerates, there appears to be no provision to stop ISPs from favouring their own content. This means that if an ISP both provides Internet service and owns media content, it’s very likely that they could put their property in the fast lane, and everyone else’s in the slow lane.

When the news first came down the pipes yesterday afternoon, our small team here at OpenMedia reacted with dismay. And, as the details became clearer about just how extreme these FCC proposals are, that dismay turned to outrage. For many of us – myself included – the early Net Neutrality debates in Canada and the U.S. were how we first got interested in the fight for an open Internet. In fact, long before I joined the team, the fight to make Canada’s Internet open and fair was one of OpenMedia’s very first major campaigns – an effort called SaveOurNet – which actually led to the establishment of Net Neutrality rules in Canada.

While it’s been a bit of a roller-coaster of ups-and-downs on Net Neutrality over the years, the announcement of new rules coming out of the FCC have been met with near-universal disapproval from Internet users everywhere. The overwhelming message has been one of anger, as a central pillar of the Internet now appears to be in the cross-hairs of the FCC – an unelected institution increasingly driven by Big Telecom’s army of lobbyists. While I’ve written about the revolving door between the FCC offices and Big Telecom elsewhere, it’s worth quoting here:

“The problem here is a straightforward one: the FCC thinks their job is to coddle industry, rather than act in the interests of everyday citizens. Sadly, this shouldn’t come as a total surprise, given the FCC’s history of hiring ex-Telecom lobbyists into leadership positions, and sending their former employees on to high profile gigs as telecom and industry shills.”

Don’t believe me? You can even read all about the “ecstatic” welcome current Chairman Tom Wheeler received from Big Telecom when he was awarded the position last year.

In the meantime, I would encourage you to check out a number of great articles written on this week’s FCC announcement, including an excellent piece from the founding father of the term “Net Neutrality”, Columbia Law Professor and former Free Press chair Tim Wu writing in the New Yorker:

• New net neutrality rules coming from FCC. CBC.
• It's time for the FCC to stand up for Americans instead of ruining the internet. The Verge.
• Goodbye, Net Neutrality; Hello, Net Discrimination. The New Yorker.
• All is not Lost: Young people care about Net Neutrality. The Techtainian.

There’s still hope. The FCC doesn’t make its final decision on these extreme proposals until May 15th. Your OpenMedia team will be following this issue closely, and we will keep you posted on how you can get involved. In the meantime, please sign on to our Declaration of Internet Freedom, and take a stand for a free and equal playing field online.