Net Neutrality

Net neutrality, what does it mean, how does it affect you? Simply speaking, net neutrality is a policy that means that Internet Service Providers (like Spectrum, AT&T, etc) have to treat all data the same, and cannot throttle (slow down), charge more, or block any specific online content. This article from Wired covers the basic of net neutrality and its history really well.  For example, if there is no net neutrality, you want to access Netflix but you can't, because your internet plan is only on the "basic plan" and you need to pay an extra $50 dollars a month for the "Video Plus plan," without net neutrality this is allowed. As you can see, net neutrality, or the lack thereof, affects virtually everyone that has access to the internet.

Netneutralityexplained1
Courtesy of TNM

However, this is the least sinister thing an ISP can do if there is no net neutrality. Let's say your ISP has been involved in some pretty dodgy or even borderline illegal things, you go to read an article about what your ISP did but the webpage is blocked by your ISP for "inflammatory content." On a more basic level, with net neutrality ISPs can censor the content of the internet, and since companies do not have have to follow the First Amendment, there is no recourse for you to have to fight against it. You might be asking "well, why not just switch to another ISP?" Unfortunately, that is not always and option, many people only have one internet provider and can not simply switch ISPs, plus what prevents the other ISP from having even worse censorship?

Well, what can be done, you might ask? In an ideal world, the internet would be classified as a utility, like telephone communications, meaning it is classified as essential infrastructure for the general public, which it is seemingly becoming, if not one already. This would lead to the government having more regulation and preventing ISPs from throttling or blocking information. Another option is municipal broadband, where the internet infrastructure is own and managed by state or local government.

Not all is lost, as the United States is a federal country, states can pass net neutrality laws. Only one state has successfully passed a law, California, the law is called the "California Internet Consumer Protection and Net Neutrality Act of 2018." This law states that ISPs are prohibited from:
(1) Blocking lawful content, applications, services, or nonharmful devices, subject to reasonable network management.
(2) Impairing or degrading lawful Internet traffic on the basis of Internet content, application, or service, or use of a nonharmful device, subject to reasonable network management.
(3) Requiring consideration, monetary or otherwise, from an edge provider, including, but not limited to, in exchange for any of the following:
(A) Delivering Internet traffic to, and carrying Internet traffic from, the Internet service provider’s end users.
(B) Avoiding having the edge provider’s content, application, service, or nonharmful device blocked from reaching the Internet service provider’s end users.
(C) Avoiding having the edge provider’s content, application, service, or nonharmful device impaired or degraded.
(4) Engaging in paid prioritization.
(5) Engaging in zero-rating in exchange for consideration, monetary or otherwise, from a third party.
(6) Zero-rating some Internet content, applications, services, or devices in a category of Internet content, applications, services, or devices, but not the entire category.
The FCC sued the State of California immediately after they passed this law in order to try to prevent it from being enforced claiming that "states have no jurisdiction over the internet." California is fighting the suit and as of the posting of this blog post, the law is still in full effect.

As you can see, net neutrality is a very complicated issue that affects virtually everyone. Will it be up to states to enforce net neutrality laws, or will it take the federal government? Will state laws pass judicial review, setting a new precedent for state rights? Only time will tell, but one thing is for sure, we cannot trust ISPs to self-regulate, as there have already been events where ISPs have violated the principles of net neutrality.

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