The Net Shifts Back to Neutral

Net Neutrality is back, baby! In a landmark ruling, the FCC has restored pre-2017 broadband regulations. Here’s what it all means

On April 25th, the US Federal Communications Commission restored Net Neutrality, reinstating regulations passed by the FCC in 2015 and then unwound in 2017.

You probably thought to yourself, they did? How come no one told me about that. And also, is that a good thing, or not?

Net Neutrality always felt like a nebulous term, and alliteration aside, perpetually carried a double-negative connotation that left me not knowing whether I was opposed or in favor of it. Like, “(I Can’t Get No) Satisfaction.” Is Mick getting the satisfaction he needs, or not? Lyrically, we’re not so sure. But the evidence says, yes. For 60 years and counting. 

The short answer to the news is Net Neutrality returning is a very, very good thing. It ensures that you, as an internet user (at this very moment, in fact) are protected from the greed and power hunger of corporations with aims on deciding what information and websites ultimately get to you. You may remember John Oliver doing a piece on Net Neutrality. Then, you may remember him doing another – this time on Ajit Pai and his stupidly large mug, as he rolled back Net Neutrality rulings 2 years later. Politics aside, we’d all vote against that dumb mug whenever it landed on the ballot. 

The long answer is a bit more complicated…but it will surely help you impress people at your next dinner party or FCC regulation fantasy draft. So, what does this ruling actually mean? Why is it so important that it gets a coveted “2 Oliver?” Let’s take a deep dive into Net Neutrality, what it means for you, and why this decision is so important.

For us. For you. For everyone who uses the internet on a daily basis. So, you know, everyone.

What is Net Neutrality?

At its core, Net Neutrality is the principle that all internet data should be treated equally. It’s the idea that the internet should remain an open and level playing field for all users and content providers. Sounds pretty simple, right? Equality is a good thing. The internet is a good thing. Like a great sandwich, put that peanut butter and jelly together and everyone eats well.

So, what makes this complicated? As Tony Kornheiser always says quoting Don Ohlmeyer, “The answer to all your questions is money.”

Internet service providers (ISPs) such as AT&T, Comcast and Spectrum – you know, those companies you love to complain about – exist to make money. And, shocker! If at all possible, they’d love to acquire more power to help them make more of that money.

Here’s how that comes into play. Net Neutrality states that all internet traffic is treated equally – that means content, websites, applications, files, emails, everything. Under this principle, an ISP has to provide access to all sites at the same speed and equal conditions. With no preference to any specific content or site for any reason. Net Neutrality protects that condition.

Are you seeing the problem yet?

Without Net Neutrality protections, ISPs can choose which sites gets to you, the consumer, fastest. They can pick favorites. They would do that by awarding faster speeds to sites that paid them the most (or any number of potential reasons). The ISPs would be the deciders as they raked in cash, slowing some sites down and allowing others to get to you at warp speed. Ultimately, consumers would choose to visit the faster sites because they preferred their services, and the slower sites would die.

Here's a crude example. Let’s say Tubi decided to pay AT&T an ungodly amount of money. AT&T could then decide to slow down Hulu, Netflix and Max to all its customers, leaving the streaming app with the best bandwidth in your household as…Tubi. Enjoy Tubi, everyone. We hear it’s mid.

So, ISPs and their government lobbyists proposed a two-tier system for the internet. A fast lane and a slow lane. Which would, in all honesty, be determined by money at the top, and ultimately trickle down to the consumer.Consumer advocates argued that without Net Neutrality rules in place, this would limit access and information exchange at a massive scale, all based on greed and a quest for power and control.

ISPs argued they wouldn’t wield this power that way because, you know, corporations are people, and people are good. They would never, and how dare you imply otherwise.

American consumers looked at each other, shrugged, and said f*ck off. And so Net Neutrality was born.

How We Got Neutral

In the early 2000s, the internet was still in its wild west phase. ISPs enjoyed the freedom to throttle, block, or prioritize certain online content as they pleased. Ebaum’s World? Slow. AltaVista? Slightly less slow. Banana Phone? Coming in choppy, and the biggest crime of them all.

Then, in 2010 the FCC took a stand for internet equality. No longer would they let your Tumblr page lag. It adopted the Open Internet Order, which moved toward establishing Net Neutrality principles. The rules provided enhanced transparency, prohibited types of blocking, and allowed for no unreasonable discrimination. Essentially, the ground rules were laid for neutrality. Cue the collective internet cheers!

But alas, the digital utopia was far from secured. In 2014, the FCC faced a legal challenge from Verizon that ultimately struck down key parts of the Open Internet Order and left the door open for an unbalanced internet. There we stayed, unbalanced and uneven, like one digital leg was shorter than the other. As if our name was Eileen N. Fall.

The FCC got back in the ring in 2015, this time with a new plan: Title II reclassification. They sought to classify broadband internet as a utility under Title II of the Communications Act. The same as water, power or electricity in your home. The internet was just as much of a necessity, and should be treated and protected as such. This reclassification would give the FCC more regulatory power to enforce Net Neutrality. It was a bold move, met with both applause and fiery opposition from ISPs and their allies.

(But also, very important drama with a lot of implications. The stage was set.)

Put Pai’s Thing Down, Flip it & Reverse It

In the case of Net Neutrality though, the devil is in the details, as it so often is. Title II reclassification meant that ISPs couldn't play favorites with internet traffic. No more fast lanes for deep-pocketed companies or slow lanes for everyone else. It was a win for internet freedom. Not everyone was thrilled about the prospect of government regulation looming over their broadband connections, though.

ISPs and their allies spun tales of government overreach and stifled innovation, painting Net Neutrality as the villain in their carefully crafted narrative. Hence, enter Ajit Pai and his mug.

Pai became FCC Chairman and struck down Net Neutrality laws. This dismantled broadband consumer protections in 2017, handing more wealth and power to conglomerates and making the internet more unequal at its core. Without the regulations in place, rich corporations could manipulate and bend the internet to their wills, with the only losers being…consumers. Commonly known as human beings.

Pai’s argument was Net Neutrality rules were too shackling, and that they stifled innovation and competition. He, and other opponents of Net Neutrality, asserted that government regulations should be removed, and the marketplace left to decide costs and speed. Additionally, Net Neutrality rules could raise operating costs for ISPs, which could then be passed down to consumers. There is merit to these arguments...in a vacuum. However, that’s not where life happens. In reality, ISPs would take advantage of an absence of regulations to make money.

The proof? It happened, over and over again, before the regulations were in place. Per the LA Times:

“The truth is that network neutrality has been heavily favored by the public, in part because examples of ISPs abusing their power were not hard to find. In 2007, Comcast was caught degrading traffic from the file-sharing service BitTorrent, which held contracts to distribute licensed content from Hollywood studios and other sources in direct competition with Comcast’s pay-TV business.

In 2010, Santa Monica-based Tennis Channel complained to the FCC that Comcast kept it isolated on a little-watched sports tier while giving much better placement to the Golf Channel and Versus, two channels that compete with it for advertising, and which Comcast happened to own. The FCC sided with the Tennis Channel but was overruled by federal court.”

Let's be real here: ensuring a level playing field on the internet isn't the same as stifling innovation. It's about preserving the very essence of what makes the internet so great in the first place.

Back to the Neutral Milk Hotel

This is what made the recent FCC voting decision so significant. On April 25th, 2024, the FCC voted to restore Net Neutrality by reinstating Title II reclassification. These regulations prevent ISPs from speeding up, slowing down or blocking user internet traffic at whim. This 3-2 party-line vote redefines internet service as being similar to legacy telephone lines, allowing for greater regulatory power over the industry.

Those are massive wins for consumers. Again, also known as human beings. Who historically love to use the internet, and hate being manipulated by companies out of their information, choices and freedom to live their lives.

As an added bonus, the ruling also gives the FCC greater authority to govern spam messages, robotexts, internet outages, privacy, and more. The vote would also prevent internet providers from selling Americans’ personal data or sharing it with tech companies to train artificial intelligence models, according to FCC Chairwoman Jessica Rosenworcel.

Those are all good things!

However, that’s not where this story ends. Legal challenges to the ruling from industry groups are expected. It will be up to the courts to determine how much of the Net Neutrality ruling will remain in place. Whether or not these good vibes continue, and the internet remains free and neutral, remains to be seen.

For now though, Net Neutrality is back, baby. The internet belongs to all of us again. Now, go fire up GeoCities, play a tune off LimeWire and celebrate with some Oregon Trail, just for old times’ sake. One speed. One internet for all. One life of satisfaction for Mick.