On Thursday 14 December 2017 the Federal
Communications Commission (FCC) voted to repeal the rules, known as
Net Neutrality, that regulate Internet Service Providers (ISPs), the companies
that connect us to the internet.
What is Net Neutrality and why should we
care?
The principle behind Net Neutrality is simple: it
requires ISPs to treat all data on the internet the same. Discrimination by
user, traffic type, website, platform, application, device or method of connection
was not allowed. This stopped ISPs from charging more, blocking or slowing down
access to websites and online content. It also meant that broadband was treated
as a utility in the United States, regulated in similar ways as water and
energy supplies.
The FCC voted 3-to-2 in favor of repealing the legislation that has
been in effect since 2015. Reactions from numerous organizations were fast,
with the Internet Association, which represents tech companies such as Google
and Facebook, stating it is considering legal action.
Since Net Neutrality came into effect, consumers
have enjoyed a ‘dumb pipe’ approach to their access. The ISP provides the connection
and transparently routes traffic, not caring what type of traffic, where or to
whom the user is connecting.
This change will potentially allow ISPs to adjust
traffic based on who pays. When Ford introduced the Model T back in 1908 they
revolutionized the car industry with mass production and a lower cost of
purchase and ownership, but what would have happened if the incumbent more
expensive manufacturers had been allowed to limit the performance of the Model
T so that only their automobiles could travel at speed! The car industry today
would look very different.
Challenging the repealing of net neutrality
benefits us all: a small startup with a cool idea could easily be suppressed by
players that can afford to pay to keep their own traffic prioritized.
“Since Net Neutrality came
into effect, consumers have enjoyed a ‘dumb pipe’ approach to their access.”
Granting ISPs the right to shape traffic, allowing
for some traffic to be prioritized due to a commercial agreement, may have a
negative effect on the outcome of using the service for both the consumer and
the company providing the service. Traffic-shaping is used in certain places
today: for example, airlines may limit onboard video streaming to ensure that
all passengers wishing to use Wi-Fi in the air at least get some type of
connection that is not being grabbed by just a few passengers bingeing on their
favorite shows.
What happens to freedom of speech if one party has
the funding to allow faster access to their published content, making their
opposition’s traffic slow to the point of and un-usability. Do we enter a
society where only the rich can publish a useable service?
This may sound hypothetical, but 2012, AT&T had to backtrack on a decision to stop subscribers to
their unlimited or tiered data plans from using Apple’s then-new Facetime
service. They only allowed Facetime access to subscribers of their new
shared-data plan. Imagine the reaction of consumers on an unlimited data plan
discovering they were unable to use a feature of their new iPhones unless they
changed plan? In that instance AT&T claimed they wanted to protect their
network from the unknown volume of traffic that Facetime might add, but cynical
people may view it as taking the opportunity for enhanced monetization when
people purchased a new iPhone. Fortunately, the weight of consumer pressure had
this rolled back.
ISPs such as AT&T and Comcast have issued statements stating nothing will change
with the repeal of Net Neutrality. The fact remains, though, that Internet
Service Providers can implement a system that prioritizes traffic for companies
that pay. In the boardroom in 12 months, when revenue targets are not being
reached, then the motivation to offer a superior for-fee service to brand A
over brand B may be too tempting.
Consumers, businesses and society need to fight to
keep the internet an unbiased and free place that does not depend on the
decision of a few as to what can be accessed at what speed.