The Fight for Net Neutrality

Abstract
Since the introduction of the Internet into the hands of the average user, there has been a struggle for making it openly available to access all of the content it has to offer. This is called Net Neutrality. Without it, Internet Service Providers would be able to prevent access to certain content on the Internet by slowing down service or even blocking the content completely. They would also have the ability to charge money in order to grant websites with faster service so users can easily access the content. Advocates feel that Net Neutrality regulations are a necessity for small businesses to thrive because it provides an even playing field. Opposition argues that it does not promote innovation. For years the FCC has been dealing with this issue. In the past, orders have been established by the FCC in favor of Net Neutrality, but were later overruled by the court. In recent years, the FCC has found ways around this, in order to allow them the authority to regulate Internet Service Providers. However, this may not be the case in the near future as the new Chairman of the Federal Communications Committee has openly expressed his opposition towards Net Neutrality regulations.

What is Net Neutrality?
Network Neutrality is the belief that Internet Service Providers should permit access to all data on the Internet without any restrictions or obstructions. In other words, websites and applications should all be treated equally, and no piece of information should be given superiority over another. Also, Internet Service Providers should not interfere with a user’s right to freedom of speech. Furthermore, Internet Service Providers should provide users with open networks, and it should not allow preference over any content within those networks. Without net neutrality, Internet Service Providers could slow network speeds on certain websites, making it difficult to access content. They could also block certain content all together. Moreover, since ISP’s could decide how fast data will be transmitted, they could charge extra fees to companies that could afford it, in order for their website to run faster than companies that do not have the funds to pay for faster service. The central issue of Net Neutrality is to protect content creators and businesses that utilize the Internet by forcing Internet Service Providers to treat all web content equally, and to not block, throttle or slow down services.

The History
Net Neutrality is an issue that has become popular in the recent years. However, it has been an issue that has constantly been brought up ever since the early days of the Internet. In fact, Congress passed the 1996 Telecommunications Act, forcing the FCC to group websites and other Internet services in the same category as local access networks. Congress was aware of the tremendous power the owners of the networks had, so it required the FCC to consider them as “common carriers”. This meant the owners were not allowed to prohibit the access of content within the network. However, shortly after this Act was passed, the FCC took a non-neutral approach to this issue and decided that Internet access services would be considered an “information service”, which eliminated their ability to prevent ISP’s from controlling the online content.
In 2010 the FCC switched to the side of Net Neutrality. They created an order to prevent internet service providers from obstructing the traffic of the web, and allow for a more open Internet. The Court later ruled against this order claiming the FCC lacked the authority to carry out the order. As a result, the FCC was not granted the ability to enforce Net Neutrality regulations.
A year later, the FCC Chairman proposed that new Net Neutrality rules should be based on Title II of the Communications Act. Net Neutrality later won in a 3 to 2 vote and the proposal was approved on February 26, 2015. This re-categorized broadband internet service as a telecommunication service rather than an information service. Under Title II, ISP’s were prohibited from discriminating against certain websites. This fundamentally transformed how the World Wide Web operated.

Net Neutrality Today
On January 23, 2017, President Donald J. Trump picked Ajit Pai to be the Chairman of the Federal Communication Commission. This raised concern for many Net Neutrality advocates because Pai, a Republican, is a known supporter of anti-net neutrality regulations. Pai openly criticized the FCC’s order in 2015 that categorized ISP’s as a telecommunication service. He will be replacing Tom Wheeler, a Democrat, who recently announced his resignation from the FCC. As a result, Republicans currently make up the majority of the members. Since Republicans generally oppose net neutrality regulations, many people are concerned that the current rules and regulations in place will be overturned, causing the FCC to have less control over ISP’s. Republicans argue that net neutrality does not promote competition and growth because of the many rules and regulations being enforced on ISP’s. According to a statement made by Pai, the FCC needs “to fire up the weed whacker and remove those rules that are holding back investment, innovation, and job creation.” However, Net Neutralists argue that it is vital for the success of small businesses and entrepreneurs, who utilize the Internet for most of their businesses functions. They believe it acts as a flattener because it lowers the barriers of entry and provides a level playing field for businesses. Without Net Neutrality, their content will be overshadowed by larger corporations. With Trump’s appointment of Ajit Pai as the new Chairman of the FCC, we most likely will see current rules and regulations rolled back, potentially allowing ISP’s to discriminate against certain content on the Internet.

Personal Stance on the Net Neutrality Issue
In researching this topic, I developed my own opinion regarding the Net Neutrality issues we may face in the near future. I personal believe users should have an open Internet, free of control by ISP’s. In my opinion, the Internet is the modern day public library. It should be an equalizer where people have complete access to it. Moreover, people of wealth and cable company owners should not be given advantages over the average small business owner. Net Neutrality is the best solution to making the Internet an even playing field. It gives small businesses the opportunity to grow their business because provides indiscriminative access to the Internet. I am very concerned with Trump’s appointment of Pai as the new Chairman of the FCC because of his open opposition towards Net Neutrality regulations. Although the current state of net neutral is positive, the near future does not look so bright.
Net Neutrality reforms have provided a great platform for minorities who previously lacked representation in mainstream media. As a minority myself, I feel it is important to uphold these rules and regulations in order to allow our voices to continue to be heard. Without Net Neutrality, ISP’s could easily block content created by minorities from being accessed online. By doing this, minorities that own small businesses would not be able to compete with larger corporations who easily have the capital to pay for their content to be accessed on the Internet.