The Federal Communications Commission (FCC) stands on the cusp of restoring net neutrality rules, a vital nuance in the upcoming regulations concerning so-called “fast lanes” has garnered pointed critique. Critics argue that while the FCC’s draft net neutrality order, set for a vote on April 25th, reinstates many of the essential protections from the landmark 2015 order, it leaves the door ajar for potential anti-competitive practices.
One of the central pillars of net neutrality is that all internet service providers (ISPs) should treat all traffic without discrimination, allowing customers to shape their internet experience. However, the reinstated rules seem to provide ISPs with leeway to engage in a form of unpaid prioritization, where certain applications or traffic can be expedited – essentially creating fast lanes. This scenario raises red flags for net neutrality proponents who have long argued against any form of traffic favoritism.
Specifically, the rules permit mobile carriers to employ “network slicing” to craft 5G fast lanes for certain apps, such as video conferencing and gaming, without requiring those app developers to pay for the privilege. Although this means companies cannot be extorted for baseline performance, ISPs can still impose a variety of fees on consumers desiring optimal functionality for popular apps and services.
Barbara van Schewick, a Stanford law professor and net neutrality expert, highlights the potential fallout from this regulatory gap, explaining, “There’s a huge problem: the proposed rules make it possible for mobile ISPs to start picking applications and putting them in a fast lane – where they’ll perform better generally and much better if the network gets congested.” She furthers the argument by noting that “programs like this favor the most popular apps…while most others would be left out,” including a myriad of smaller and less popular apps, local news sites, and nonprofit services. Such a scenario systematically disadvantages these entities, creating a tiered internet that runs counter to the spirit of net neutrality.
Despite this criticism, proponents of the new FCC rules suggest that there’s no cause for alarm, pointing out that the draft order’s language going further than the 2015 order did. This doesn’t mean that the new rules are perfect, or as comprehensive as they could be in theory. Free Press filed a letter with the agency describing ways regulators could improve the order to make even clearer what the rules already say. But they are just as good and strong as their 2015 predecessor.
Relevant articles:
– Biden’s New Net Neutrality Rules Don’t Prevent Anti-Competitive “Fast Lanes”
– Tell the FCC It Must Clarify Its Rules to Prevent Loopholes That Will Swallow Net Neutrality Whole, EFF, Tue, 16 Apr 2024 18:53:09 GMT
– Some Net Neutrality Advocates Claim the FCC’s New Rules Are Weak. They’re Wrong, Free Press, Thu, 18 Apr 2024 10:55:58 GMT
– Why we may get paid-for 5G fast lanes under net neutrality, The Register, Wed, 17 Apr 2024 21:02:00 GMT
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