In a controversial change that will impact the flow of information and content online and almost certainly be challenged in court, the Federal Communications Commission has voted along party lines to adopt a proposal titled "Restore Internet Freedom," otherwise known as a repeal of the landmark net neutrality protections.
The FCC voted 3-2 to accept Chairman Ajit Pai's proposal to take broadband out from under Title II of the Telecommunications Act and sweep away measures that prohibit ISPs from blocking and throttling content. As a result, large telecoms will have more latitude to discriminate against content, although Comcast and Verizon are among those who have pledged not to do such a thing.
Critics worry about the possibility of fast- and slow-lanes, more costs for consumers, and disruption to innovation if paying for traffic prioritization becomes a necessity in the new economy.
Promoted to chairmanship by President Donald Trump, Pai has been working throughout the year on the "Restore Internet Freedom" proposal along with other rules to loosen media ownership restrictions. He presided over a comment period where tens of millions weighed in — a contentious process many say was corrupted by the presence of bots.
At a hearing today, the commissioners explained their reasoning for voting as they did.
“For those of you out there that are fearful what tomorrow may bring, please take a deep breath," said Michael O'Rielly, a Republican commissioner who voted for the new rules. "This decision will not break the internet."
O'Rielly added, "I for one see great value in the prioritization of telemedicine and autonomous car technology over cat videos."
The relaxed rules mark both a significant retreat as well as bold advance of federal power. The FCC may be backing off from various anti-blocking and anti-throttling red lines adopted in 2015, but it also is attempting to preempt any states wishing to enact their own policies. The new rules do encourage transparency for large telecoms, and the FCC recently announced an agreement with the FTC to police those who engage in deceptive or unfair practices in relation to web traffic, but that and prospective activism by the Justice Department's antitrust division will hardly be enough to assuage fears of putting too much power in the hands of a few big ISPs, especially at a time of vertical consolidation in the media industry and the prospect of a big company like AT&T favoring its own content through so-called "zero-rating" practices.