Have we lost the fight for Net Neutrality?

written by: Jeff McNear

“Internet service providers may not necessarily generate much content of their own, but they may decide what content they will transmit, just as cable operators decide what content they will transmit,” … “Deciding whether and how to transmit ESPN and deciding whether and how to transmit ESPN.com are not meaningfully different for First Amendment purposes.”
– Brett Kavanaugh (may 2017)

REASON TO MAINTAIN NET NEUTRALITY
Net neutrality preserves free speech on the internet by prohibiting internet service providers from blocking content… Before net neutrality was in place, instances of content censorship actually occurred, including two separate instances of broadband ISPs blocking access to voice over IP applications, and one instance of an ISP blocking an online payment service.

REASON TO ELIMINATE NET NEUTRALITY
Net neutrality regulations are unnecessary because the internet developed amazingly well in their absence. Most large internet companies including Google (1998), Facebook (2004), YouTube (2005), and Twitter (2006) were started and grew to success without net neutrality regulations.

REASON TO MAINTAIN NET NEUTRALITY
Net neutrality protects consumers by preventing ISPs from speeding, slowing, or charging higher fees for select online content. Allowing ISPs to speed or slow certain websites, or charge fees for fast lane access, may eventually trickle down to consumers in the form of higher internet costs.

REASON TO ELIMINATE NET NEUTRALITY
Net neutrality created burdensome and overreaching regulations to govern the internet … In addition to being burdensome for ISPs, net neutrality regulations exceed the FCC’s authority.

REASON TO MAINTAIN NET NEUTRALITY
Net neutrality promotes competition by providing a level playing field for new companies.

REASON TO ELIMINATE NET NEUTRALITY
Net neutrality reduces investment in internet services resulting in less access and higher costs for consumers.

PETITIONS

Pending Legislation: Illinois

Citation: SR 1196 / HB 5094
Type: Resolution
Bill Status: Placed on calendar 2/13
Description: Urges the United States Congress and President Trump’s administration to advocate for the permanent adoption of net neutrality rules that keep the Internet free and open.
State Utility Commission Involvement: None
Last updated: 3/7/2018

Citation: SB 2816
Type: Legislation
Bill Status: Pending
Description: Amends the Illinois Procurement Code. Provides that no State agency may contract with an Internet service provider for the provision of broadband Internet access service unless that provider certifies, under penalty of perjury, that it will not engage in specified activities concerning Internet access and use. Defines terms.
State Utility Commission Involvement: None
Last updated: 3/7/2018

Citation: SB 5094
Type: Legislation
Bill Status: Pending
Description:Amends state utility code to require broadband providers to adhere to Net Neutrality requirements. Provides that the Attorney General may enforce violations. Amends the Consumer Fraud and Deceptive Business Practices Act to make conforming changes.
State Utility Commission Involvement: None
Last updated: 3/7/2018

Citation: HB4819
Type: Legislation
Bill Status: Pending; Referred to Rules Committee
Description: Creates the Broadband Procurement and Disclosure Act. Provides that no State broadband purchaser may award any contract to an Internet service provider that includes broadband service unless the contract provides specified terms concerning access to and impairment of Internet services. Requires each Internet service provider to make available on its website a clear and conspicuous statement informing end users of the Internet service provider’s network management practices and performance, including commercial terms offered to end users. Provides enforcement and damages provisions. Provides that nothing in the Act supersedes any obligation or authorization or limits the ability of an Internet service provider to address the needs of emergency communications or law enforcement, public safety, or national security authorities consistent with or as permitted by applicable law. Provides legislative findings. Defines terms.
State Utility Commission Involvement: None
Last updated: 4/16/2018

Illinois Congressmen who voted to repeal Net Neutrality

  • Peter Roskam – 6th district | comment
  • Rodney Davis – 13th district | comment
  • Randy Hulgren – 14th district| comment
  • John Shimkus – 15th district | comment
  • Adam Kinzinger – 16th district | comment
  • Darin LaHood – 18th district | comment

Mozilla Poll

“The new Mozilla and Ipsos poll shows once again that Americans across the political spectrum overwhelmingly want strong net neutrality protections, and that they don’t trust their ISPs to provide it for them without oversight,” … “What should make policymakers stand up and take notice is that 78% of Americans, including 84% of adults under the age of 35, believe that equal access to the internet is a right, and not a luxury,”
– Gigi Sohn, Mozilla Fellow and former FCC counselor.

  • 91% of Americans believe consumers should be able to freely and quickly access their preferred content on the internet
  • 78% of Americans believe equal access to the internet is a right.
  • 76% of Americans believe internet service providers (ISPs) should treat all consumer data the same, and not speed up or slow down specific content.
  • 63% of Americans do not think that ISPs will voluntarily look out for consumers’ best interests,

State Attorneys General Suing the FCC

  1. New York
  2. California
  3. Connecticut
  4. Delaware
  5. Hawaii
  6. Illinois
  7. Iowa
  8. Kentucky
  9. Maine
  10. Maryland
  11. Massachusetts
  12. Minnesota
  13. Mississippi
  14. New Jersey
  15. New Mexico
  16. North Carolina
  17. Oregon
  18. Pennsylvania
  19. Rhode Island
  20. Vermont
  21. Virginia
  22. Washington
  23. District of Columbia