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Eight years ago, I predicted the worst. Net neutrality, which had come into being only a few years earlier, was struck down by the original Trump Administration in 2017. At that time, I declared it dead and disposed of all the bad things that happen as a result.
Now, after a The federal appeals court refused the long-standing efforts of the Biden Administration to restore Net Neutrality, I have to admit that I was wrong. Net Neutrality has never been the Internet freedom fighter we thought it was in part because it was also a product of its era, and the online and broadband world has changed under our feet.
Before going through my apocalyptic vision, it is worth examining what Net Neutrality is and should do.
Net Neutrality is, in the broadest sense, ensuring that the pipes or infrastructure and systems that deliver your Internet to you (websites, streaming platforms, services) see all those bits and bytes as and the same. Therefore, an ISP (Internet or Broadband Service Provider) such as Comcast in the United States does not view one type of data differently from another. Never prioritize information coming from one of its services (NBC) over that of another (ABC, Disney’s).
If someone who controls the throughput has a political ax to grind, they cannot turn off the data spigot on opposing views.
It’s a simple concept but one that has huge implications. Free speech advocates believe a neutral Internet is critical to maintaining a balance of voices and basic fairness.
But net neutrality has always been seen as a 1934 interpretation Title II of the Telecommunications Act, which promises “reasonable prices and non-discriminatory practices”. But it was written for phone companies and not for broadband providers. The courts essentially said that US federal agencies like the FCC can’t just reinterpret their rules for, say, more modern purposes.
As a result, broadband service providers cannot be affected by Title II rules, Net Neutrality does not pass regulatory muster and is now dead.
But since the efforts of the Biden administration to restore it have been blocked almost from the moment The FCC voted to take them backWe have been operating in a world without Net Neutrality since 2017.
Here is a summary of what I predict will happen:
Some of these things happened, but they had little, if anything, to do with Net Neutrality. In fact, when I think about it, the worst changes in our online experience have less to do with ISPs, the so-called gatekeepers, and more to do with large and still largely unregulated technology companies.
Googlefor example, it influences the type of content you can find, especially small independent websites, some of which they are shooting as I write this. Google is not a broadband service provider, but it is the primary way most people find things on the Internet, and it is changing the game very quickly. AI syntheses on top of search results are already pushing most websites – where the original information lives – out of the frame. Great sites like The New York Times can support this. Small sites, not so much.
The content has become more expensive, especially that provided by most of us the best streaming services. This has almost nothing to do with the costs of backbone transmitted by ISPs and a lot to do with intense competition to fulfill our binge-watching needs with fresh content. There are many streaming options, and the platforms without the hot-new-buzzworthy to watch are the ones that lose out. extreme streaming price increase, crackdowns on password sharinga proliferation of streaming platforms, and the return of bundles have marked the last decade.
The battle is to maintain subscriber growth at almost any cost (for them and you). Even if we had Net Neutrality in place, I’m sure it would have little to no impact on these trends.
ISPs often seem to have the least power of all the technology players. Yes, they can set the price for your broadband Internet, but with at least some competition in play in most markets (okay, you usually have two choices), they know they still have to provide the highest speed possible at attractive prices that are usually closed. in a year or so.
The cable industry, in particular, has been disrupted by cable cutters who no longer pay for cable but still buy Internet access from the same companies. To most of their credit, ISPs are adapting and are happy to offer platforms where you’ll never watch cable or broadcast again, but you can try watching boxing live on Netflix with 110 million of your friends I have yet to see evidence of throttling; instead, it’s the streamers who are struggling to meet insane demand peaks during increasingly frequent live events.
I was quite concerned a decade ago that an unregulated Internet would silence independent voices. But, again, the ISPs were never the culprits. Instead, the management of the discourse was left to the social media platforms, most of which did a terrible job and struggle to this day to get it right. Even newer platforms like Bluesky are found scrambling to put reasonable speech controls in place.
What I’m realizing is that our digital experience has much bigger issues than whether or not Net Neutrality is a thing. ISPs, for the most part, seem less interested in controlling our online experience than making sure we don’t suffer. another major almost.
I believe in fairness and equality, but I think we are long past the point of trying to rewrite ancient rules to meet a modern need. Instead, it is time for someone, anyone, to create real and broad regulation for the modern digital age. Something that tackles overreaching tech companies, harmful online content, accessible streaming, and basic high-speed broadband for every citizen.
I have long argued that broadband is a human right. Can we provide a global regulation that recognizes that once and for all?
I’m happy to admit that I was wrong about Net Neutrality, Now let’s move on and start providing a truly fair Internet.