The Electronic Frontier Foundation supports the move by the US Federal Communications Commission’s (FCC) stance on fair treatment of data and criticism of ISPs’ potential to become gatekeepers.
The FCC acknowledges that the daily growth in the online user community necessitates reintroducing net neutrality policies. Nonetheless, not all FCC members are onboarding the plan.
Covid Pandemic Made Ground for Broadband Accessibility
The schism arising in the FCC policy became evident following the Tuesday, September 26 press conference where the chair, Jessica Rosenworcel, emphasized the need to reinstate net neutrality. The chair cited the COVID-19 pandemic experience, hence the essence of broadband accessibility.
Net neutrality involves the perspective that the Internet Service Providers (ISPs) should harmonize Internet data, indicating they should avoid blocking, slowing down or prioritizing particular content and users.
Rosenworcel cited the pandemic experience as a clear illustration that broadband is hardly a nice-to-have luxury. Instead, it became a need-to-have for all and everywhere.
Rosenworcel portrayed it as a necessary infrastructure for humanity in modern life. The FCC chair opined that one has a compromised shot at realizing 21st-century success without broadband access. Rosenworcel observed that realizing 100% broadband access is fair, open and fast.
Net Neutrality Would Transform US into a Global Role Model
The nonprofit digital rights entity supported the stance of the FCC to reinstate the net neutrality rules. EFF legal director Corynne McSherry expressed optimism in FCC edging closer to reinstating the net neutrality directive. The director added that attaining net neutrality benefits internet users in America and a role model worldwide.
McSherry admitted that the COVID pandemic experience reinforced the ground to prioritize harmonized treatment for data. The providers of internet services should prioritize fairness in data distribution throughout their networks. The distribution should avoid improper discrimination based on services, applications and sites of users.
McSherry restated the EFF’s desire for the internet to align with its mission of bolstering innovation, autonomy and creativity. The legal director of the data rights group stated that ISPs should not play the gatekeeping role. Such would arise when they reach special deals with a few entities to inhibit competition, expression and innovation.
Reinstating Net Neutrality Regulations Likely to Stimulate Government Control
The move by the commission is not a unanimous decision as some members led by Commissioner Brendan Carr opposed the reinstating net neutrality rules online. The senior Republican termed the measure unlawful and vulnerable to the government exercising increased control over the internet.
The opposition from within would likely replicate the 2017 events where the FCC witnessed a 2-1 vote to lift the net neutrality regulations. With the FCC’s decision in 2017 to allow internet freedom, US users have benefitted from higher broadband speeds at lower prices.
Carr observed that granting freedom to internet service providers triggered competition. Also, Americans have witnessed the record-breaking building of broadband infrastructure necessitated by increased uptake across the digital divide.
Carr stated that reinstating the utility-style regulation hardly involves improved online experience. The FCC commissioner termed such an argument the sheep’s clothing since the intention is always controlled.
The network neutrality concept emerged in the 1980s, though the phase would emerge in a 2003 scholarly paper by Columbia Law professor Tim Wu. He coined the phrase ‘Network Neutrality, Broadband Discrimination’ to underscore the essence of the neural network to nurture application competition.
Reinstating Network Neutrality Equated to Imposing Price Control
The initial attempt for the US to implement the net neutrality policy arose in 2004 under the reign of Michael Powell. The FCC chair then unveiled the principle of preserving network freedom. The rules are oriented towards guaranteeing freedom to run desired applications, attach various devices and secure service plans.
Carr revisited the neutrality debate that surfaced when the Obama Administration enacted the rules. The Trump-led administration quashed the policy only for the Biden Administration to reinstate it. The reinstatement is attributed to the current ‘chair Rosenworcel’s stance, though aligned to the Biden’s administration.
Carr considers that the utility-style regulation would trigger the case for regulating the broadband rate. The Republican argues that imposing price controls yields a surefire of extinguishing innovation and investment. The commissioner added that adjudicating the broadband rates by observing the just and reasonable standard cannot succeed.
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