R Sheets Technology and Innovation

R Sheet on Net Neutrality

by Thomas Struble AND Joe Kane

Feb 25, 2019

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Authors

Tom Struble

Former Manager, Technology & Innovation

Joe Kane

Former Fellow, Technology & Innovation

Key Points

Net neutrality is designed to protect users’ rights and ensure fair competition online by policing unfair discrimination or other harmful practices that either limit consumer choice or stifle competition.

Intentionally blocking or throttling access to lawful content harms both consumers and competition, so the practice should be a categorical violation of net neutrality.

Depending on the context, however, prioritization can be harmful or beneficial and thus should be assessed case by case.

The FCC and FTC must work together to police net neutrality throughout the Internet ecosystem.

Background

Over the years, the United States has implemented various forms of net neutrality, but the goal is always the same: policing unfair discrimination or other harmful practices online that either limit consumer choice or stifle competition. This goal has long had bipartisan support.

In 2004, Michael Powell, then-Chairman of the Federal Communications Commission (FCC), outlined his vision for net neutrality, which focused on protecting four key “Internet Freedoms.” Specifically, he argued that consumers should have the freedom to: 1) access lawful content; 2) use the applications of their choice; 3) use the devices of their choice; and 4) obtain transparent service plan information.

Since then, there has been and continues to be substantial agreement about the goal of net neutrality and the types of freedoms it is designed to protect. There is also substantial agreement about the types of practices that threaten these freedoms and would therefore violate net neutrality.

Read the full study here.