In short, net neutrality is the principle that data packets on the Internet should be moved impartially, without regard to content, destination or source.
Earlier this month, a federal appeals court ruled that the Federal Communications Commission (FCC) does not have the legal authority to enforce net neutrality regulations on Internet service providers.
According to New York Times writer Edward Wyatt (2010), “The court ruling, which came after Comcast asserted that it had the right to slow its cable customers’ access to a file-sharing service called BitTorrent, could prompt efforts in Congress to change the law in order to give the FCC explicit authority to regulate Internet service … More broadly, the ruling by the United States Court of Appeals for the District of Columbia Circuit could raise obstacles to the Obama administration’s effort to increase Americans’ access to high-speed Internet networks” (para 3,5).
High-speed Internet providers, such as Comcast, support a two-tiered service model where carriers would be able to charge owners of websites a premium fee for priority placement and faster speed across their pipes.
Wyatt (2010) further adds:
While there are arguments for both sides, this ruling does jeopardize the open source aspect of the World Wide Web.Comcast, the nation’s largest cable provider, had a muted reaction to its victory. The company said it was gratified by the court’s decision but added that it had changed the management policies that led it to restrict access to BitTorrent, a service used to exchange a range of large data files, from pirated movies to complex software programs.
“Comcast remains committed to the F.C.C.’s existing open Internet principles, and we will continue to work constructively with this F.C.C. as it determines how best to increase broadband adoption and preserve an open and vibrant Internet,” Comcast said in a statement.
The company is currently seeking federal approval for its proposed acquisition of a majority stake in NBC Universal, the parent of the NBC broadcast network and a cadre of popular cable channels. Some members of Congress and consumer groups have opposed the merger, saying that it would enable Comcast to favor its own cable channels and discriminate against those owned by competitors — something the company has said it does not intend to do.
After the ruling on Tuesday, consumer advocates voiced similar concerns about Comcast’s potential power over the Internet, saying that the company could, for example, give priority to transmission of video services of NBC channels and restrict those owned by a competitor like CBS. (para. 11-14)
Wyatt (2010) best sums of the point of the battle for net neutrality by writing:
The concept of equal access for all Internet content is one that people who favor some degree of F.C.C. regulation say is necessary not only to protect consumers but also to foster innovation and investment in technology.
“You can’t have innovation if all the big companies get the fast lane,” said Gigi B. Sohn, president of Public Knowledge, which advocates for consumer rights on digital issues. “Look at Google, eBay, Yahoo — none of those companies would have survived if 15 years ago we had a fast lane and a slow lane on the Internet.” (para. 18-19)
Wyatt, E. (2010, April 6). U.S. court curbs F.C.C. authority on web traffic. The New York Times. Retrieved from http://www.nytimes.com/2010/04/07/technology/07net.html
