[BLOG] Net Neutrality Is Dead

[Digmbot]

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At least for now. On Jan 14/2014, three judges in the United States Federal Appeals Court struck down the Federal Communications Commission's (FCC) Open Internet Order. That's a lot of big words. But what does it really mean?



Basically, the FCC had put into effect a set of rules that prevented Internet Service Providers (ISPs) from blocking or interfering with Web traffic. In essence, this prevented Verizon, Comcast and the like from pushing traffic to their own websites while restricting the bandwidth available to competitors. A different analogy would be to that of telephone companies. The FCC has long prevented these companies from prioritizing certain calls. This prevents them, from giving preferential treatment to companies or individuals with the money to pay them for that treatment. Up until now, ISPs were required to behave the same way.



What does this mean for the future of the internet? Well, as of today the prognosis isn't good. The suit was brought by Verizon, and the telecommunications giant has openly stated that it would like to set up what amount to tolls going in both directions on the web. In essence, they will block certain websites or charge them for priority access to web users and charging web users for unfettered access to that data. This would mean the death of the free and open internet that we have all come to know and love, instead setting up the ISPs as self-appointed editors for all Internet content. The new internet as envisioned by these companies would be similar to cable TV, with the companies determining what channels are available and how much they cost. Imagine a world where Comcast decides that they want to charge Netflix a premium so that the company can deliver movies in a quickly streaming, high quality format. That is what the Federal Courts decision today does. In fact, it kicks the door wide open for such behaviour.



Even more troubling, this could sound a death knell for independent developers and companies trying to make a name for themselves on the web. In effect, if these entities are unable to pony up the cash for the access and exposure they need, they will suffocate. The internet as we know it is an open forum for the expression of opinions and information worldwide. Allowing large corporations to control access to it, be it the speed at which that data or even ideas is accessed, or the outright blocking - even censoring - of those ideas is not just a bad idea, it is morally wrong. The internet genie is out of the bottle. Yet, during the last few years we have seen SOPA/PIPA and even the NSA's unchecked spying threatening the ecosystem that so many of us have grown dependent on as large corporations and governments attempt to cubbyhole that genie into something they can control and monetize.


In the end, this process is not done in the courts. It is almost certain that the decision will be appealed to the Supreme Court. However, if the FCC does not revise and revamp its rules and find some ground on which to regulate these corporations the future of the net looks grim. In this writer's eyes, this is not merely a problem affecting on the US. The ripples of a failure to protect the free flow of information and access on the internet will spread worldwide. We can still save the Internet we love. But time is running out.