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Myth of Net Neutrality

January 6, 2019 by Wayne Creed Leave a Comment

The internet is getting faster. The technology news website Recode reported this month that “US internet speeds rose nearly 40 percent this year,” with broadband download velocity now averaging as much as 159 megabits per second in some cities. The United States currently ranks seventh worldwide in broadband internet speed. That’s up from 12th a year ago.

Last year, when the Federal Communications Commission moved to repeal the Obama administration’s “Net Neutrality” rule, much of the liberal establishment went berserk. Many in the media were sure the change would mean the “end of the internet as we know it.” A lavish online campaign backed by dozens of organizations issued a “Red Alert,” warning that if the FCC under Chairman Ajit Pai overturned the Obama regulations, it would “give the big cable companies control over what we see and do online” and “allow widespread throttling, blocking, censorship, and extra fees.” A New York Times business journalist bewailed the coming demise of the internet — undoing net neutrality, he wrote, “would be the final pillow in its face.” Other tech analysts were even more caustic. Nilay Patel, the editor of The Verge, proclaimed that with net neutrality gone, the internet was doomed. (“Doomed” wasn’t the word he used.)

Though the internet has existed since the early 1990s, it wasn’t until 2015 that the FCC imposed its net-neutrality regulations. Did it do so because the big ISPs were throttling internet traffic? Hardly. In the more than two decades during which the internet functioned without net-neutrality regulations, there was no evidence that corporations were strangling web traffic. On the contrary: As the FCC’s own published data confirmed, between 2011 and 2015, internet speeds had been steadily rising.

The real reason for Obama-era rules? To gain more power. By designating broadband providers as the equivalent of telephone companies, the FCC claimed sweeping authority to regulate them under Title II of the Communications Act of 1934. Not making this up.

“The FCC was empowered to decide if a network provider’s products were good for consumers, and innovative new services were suddenly viewed with suspicion…For instance, the agency went after cellular companies for daring to offer free video and music streaming services. . . . Armed with Title II, [the FCC] could turn the Internet into something like the old Bell system telephone monopoly, famed for its near-total lack of technical innovation.” – Hiawatha Bray, tech reporter for the Boston Globe.

So when the Trump administration last December voted to undo the net-neutrality rule, it was simply restoring the status quo ante. It was also acknowledging that the decision to arm an agency with significant new authority belongs to Congress, not to the agency’s own bureaucrats.

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