Internet Politics: The Good (re: network neutrality)

Last week the FCC issued an order demanding that Comcast stop degrading the performance of BitTorrent over their network. Importantly, the FCC is indicating that ISPs cannot block or degrade the performance of legal applications or network services.¹

To quote Lessig, “the Commission has clearly recognized the importance of the Internet as a platform for technological growth and innovation.” To me this reads as the FCC recognizing at least to some extent that ISPs should be regulated more like utilities than like entertainment providers. The order does not establish law requiring network neutrality, but it establishes FCC jurisdiction over ISPs, and it shows that the FCC intends to enforce its 2005 non-binding Internet Policy Statement — which states that the FCC doesn’t want companies to interfere with access to content or competing services. Furthermore, as Harold Feld points out, the FCC clearly states its belief that government regulation to protect the open and vibrant character of the Internet furthers First Amendment values.

This is a Very Good Thing.

Further analysis:
/ Lessig’s letter to the FCC
/ Harold Feld — ‘Why This is A Huge Win’

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¹An exception exists if an ISP must target an application or network service for “network management” purposes. However, the FCC’s order makes clear that an ISP cannot run everything through this exception. If an ISP does contend targeting is necessary for network management, the ISP must inform customers of what they are doing rather than secretly degrading customers’ Internet.