Net Neutrality

Are Net Neutrality Laws Good for Society?
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Net neutrality is “the principle that Internet service providers (ISPs) should not discriminate among providers of content,” explains Encyclopaedia Britannica. “Under net neutrality, companies providing Internet service cannot charge higher prices for certain online content nor slow down delivery of content from competitors.” In other words, according to this principle, companies should not be allowed to create “slow lanes” and “fast lanes” for Internet traffic; they should be prevented from “blocking, throttling, and [establishing] paid prioritization” of Internet content. Comcast, for example, was found in violation of net neutrality rules in 2008 when it slowed the delivery of a competitor’s video content that could compete with Comcast’s cable TV channels.[41]

In the United States, the net neutrality rules adopted in 2015 under the Obama administration regulated the Internet as a common carrier, the same category as telephone service, under Title II of the Telecommunications Act of 1996. The Federal Communications Commission (FCC) rules prevented ISPs from blocking, slowing, prioritizing, or charging consumers extra money to access certain websites. For example, under net neutrality rules, Verizon could not speed up access to websites it owns, such as Yahoo! and AOL, and could not slow down traffic, or charge extra fees, to other major websites it does not own like Google or YouTube[4][5]

On Dec. 14, 2017, under the Trump administration, the FCC voted (3–2) to overturn those net neutrality rules and reclassified Internet service as an information source, rather than a common carrier. [1][5]

Many state attorneys general filed suit against the FCC decision. The U.S. Senate voted 52–47 to approve a resolution to invalidate the decision, however the legislation fell short by 46 votes in the U.S. House of Representatives. The FCC’s removal of net neutrality rules was officially implemented on June 11, 2018. [6][25][26][34]

In Sept. 2018, California passed a net neutrality law and was immediately sued by the Trump administration Justice Department. On Feb. 8, 2021, the Biden administration Justice Department withdrew the lawsuit against California, and FCC Acting Chairwoman Jessica Rosenworcel indicated support for reinstating net neutrality rules. [35][36]

On Oct. 19, 2023, the FCC voted to reinstate net neutrality rules. Rosenworcel stated, “Today, we begin a process to make this right. We propose to reinstate enforceable, bright-line rules to prevent blocking, throttling, and paid prioritization. They would ensure that the Internet remains open and a haven for creating without permission, building community beyond geography, and organizing without physical constraints.” [38]

Net neutrality rules were officially reinstated by the FCC on Apr. 25, 2024, with a 3–2 vote. The updated rules include prohibitions against “network slicing,” a practice that prioritizes 5G customers with subnetworks[39]

The U.S. Court of Appeals for the Sixth Circuit struck down the FCC’s net neutrality rules on January 2, 2025. The court reasoned that “the F.C.C. lacked the authority to reinstate rules that prevented broadband providers from slowing or blocking access to internet content. In its opinion, a three-judge panel pointed to a Supreme Court decision in June, known as Loper Bright, that overturned a 1984 legal precedent that gave deference to government agencies on regulations,” according to New York Times journalist Cecilia Kang. The court decision does not effect state laws or the ability of the U.S. Congress to pass net neutrality laws. [40]

So, are net neutrality laws good for society? Explore the debate below.

Pros and Cons at a Glance

PROSCONS
Pro 1: Net neutrality preserves free speech on the Internet by prohibiting Internet service providers (ISPs) from blocking content. Read More.Con 1: Net neutrality regulations are unnecessary because the Internet developed amazingly well in their absence. Read More.
Pro 2: Net neutrality protects consumers by preventing ISPs from speeding, slowing, or charging higher fees for select online content. Read More.Con 2: Net neutrality created burdensome and overreaching regulations to govern the Internet. Read More.
Pro 3: Net neutrality promotes competition by providing a level playing field for new companies. Read More.Con 3: Net neutrality reduces investment in Internet services, resulting in less access and higher costs for consumers. Read More.

Pro Arguments

 (Go to Con Arguments)

Pro 1: Net neutrality preserves free speech on the Internet by prohibiting Internet service providers (ISPs) from blocking content.

ISPs may slow or block websites that disagree with the companies’ political viewpoints or interfere with their monetary interests.[2][7]

In 2017, FCC Commissioner Jessica Rosenworcel stated that the removal of net neutrality rules would give ISPs “extraordinary new power” and allow them “to censor online content.” [8]

According to the 2014 D.C. Circuit court ruling, Verizon v. FCC, the power of ISPs to censor content is not “merely theoretical.” 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. [15]

In 2014, President Obama stated that “an open Internet… has been one of the most significant democratizing influences the world has ever known,” and that if content is legal, your ISP should not be allowed to block it. [33]

The Electronic Freedom Foundation has argued that, “the meaningful exercise of our constitutional rights—including the freedoms of speech, assembly, and press—has become dependent on broadband Internet access.” This dependency makes net neutrality rules essential for a free society. [16]

Pro 2: 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. For example, a person who gets their Internet service from Comcast could be charged extra fees to stream Netflix or Amazon (companies not owned by Comcast), while not being charged extra to stream NBC or Hulu (two companies that Comcast partially owns). [21]

According to U.S. Representative Anna Eshoo (D-CA), without net neutrality, ISPs could “cabel-ize” the Internet, meaning that “instead of paying a flat price for access to use any app or service free of charge, companies could start bundling services into ‘social,’ ‘video,’ and so on,” and consumers will have to pay for it.” [23]

On Apr. 27, 2017, one day after then FCC Chairman Ajit Pai announced the plan to eliminate net neutrality, Comcast (the largest US ISP) removed its pledge to not “prioritize internet traffic or create paid fast lanes” from its corporate website. [20][11]

Pro 3: Net neutrality promotes competition by providing a level playing field for new companies.

According to former Internet Association President & CEO Michael Beckerman, “without net neutrality protections, startups would face discrimination from ISP-owned or preferred content that’s granted a speed advantage through paid prioritization,” thus hurting competition and consumer choice. [18][29]

When the FCC implemented net neutrality rules in 2015, it warned “that broadband providers hold all the tools necessary” to “degrade content, or disfavor the content that they don’t like.” [27]

According to Ryan Singel, a fellow at the Center for Internet and Society at Stanford Law School, without net neutrality, “broadband providers will be allowed to charge all websites and services, including startups, simply to reach an ISP’s subscribers. That’s a huge threat to the low cost of starting a company, and it totally up-ends the economics of the internet.” [17]

A group of over 1,000 start-up companies, innovators, and investors signed a petition to the FCC stating that “the success of America’s start-up ecosystem depends…on an open Internet—including enforceable net neutrality rules.” [19] Google’s CEO Sundar Pichai said net neutrality principles must be protected “for the next set of entrepreneurs, building their services and trying to reach users.” [24]

Con Arguments

 (Go to Pro Arguments)

Con 1: 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.

According to former FCC Chairman Ajit Pai, “the internet wasn’t broken in 2015,” when net neutrality was implemented, and “it certainly wasn’t heavy-handed government regulation” that was responsible for the “phenomenal development of the internet.” [9]

As former FCC Commissioner Michael O’Rielly states, “periods without net neutrality rules were times of innovation and investment.” [12]

According to economist John W. Mayo, the entire rationale for net neutrality ignores the “positive economic outcomes in the provision of internet services that resulted from twenty years of light-touch regulation.” [32]

As economist Gerald R. Faulhaber argues: “we have had a decade of experience with broadband ISPs with little evidence of wrongdoing.” [3]

A 2017 statement from the Internet & Television Association, signed by 21 large ISPs, stated they remain “committed to an open internet” and “will not block, throttle or otherwise impair your online activity,” once net neutrality regulations are removed. [14]

Con 2: Net neutrality created burdensome and overreaching regulations to govern the Internet.

According to the bipartisan Telecommunications Act of 1996, “the Internet and other interactive computer services have flourished, to the benefit of all Americans, with a minimum of government regulation,” and it should be the policy of the United States “to preserve the vibrant and competitive free market…for the Internet and other interactive computer services unfettered by Federal or State regulation.” [32]

In 2017, the FCC reported that neutrality rules imposed significant and “unnecessary” reporting burdens on ISPs to prove they were in compliance. For example, the ISP CenturyLink estimated that meeting the net neutrality rules created over 5,000 hours of extra paperwork, costing over $134,000 each year. [10]

In addition to being burdensome for ISPs, net neutrality regulations exceed the FCC’s authority. According to the editors of the National Review, the net neutrality rules exceeded “the agency’s statutory mandate,” and “there is no title or provision in the Federal Communication Act that gives the agency a clear mandate to impose pricing and content-management rules on Internet providers, which is what net neutrality does.” [31]

Con 3: Net neutrality reduces investment in Internet services, resulting in less access and higher costs for consumers.

Between 2011 and 2015, when neutrality rules were being debated by the FCC, the mere threat of implementing them reduced ISPs investments in network upgrades by 20–30%, a $150–200 billion reduction in investment. [13]

During the years that net neutrality rules were in place (2015–17), investment in broadband fell for the first time ever in a nonrecession period. [10][28]

According to AT&T, that “chilled investment in broadband,” threatened “to slow the delivery of broadband services to all Americans … particularly in rural America where broadband investment is needed the most.” [30]

Net neutrality regulations also prevent ISPs from charging large content companies (such as video streaming services) additional fees to cover the costs of the massive bandwidth they use. Preventing such paid prioritization fees places the costs of building the additional capacity necessary to carry the content onto ISPs, and these costs will trickle down to consumers in the form of more expensive Internet packages—which are paid by all, even those who don’t use the streaming services. [22]

Discussion Questions

  1. Should the United States have federal net neutrality laws? Why or why not?
  2. Do net neutrality regulations protect consumers? Explain your answer(s).
  3. Do net neutrality regulations unfairly limit Internet companies? Why or why not?

Take Action

  1. Explore Kevin Taglang’s position that the Internet needs net neutrality protections.
  2. Consider which states have enacted (or considered enacting) net neutrality legislation according to the National Conference of State Legislatures.
  3. Analyze Ken Engelhart’s position that net neutrality laws are not needed because the Internet is “inherently neutral.”
  4. Consider how you felt about the issue before reading this article. After reading the pros and cons on this topic, has your thinking changed? If so, how? List two to three ways. If your thoughts have not changed, list two to three ways your better understanding of the “other side of the issue” now helps you better argue your position.
  5. Push for the position and policies you support by writing U.S. senators and representatives.

Sources

  1. “Net Neutrality,” Encyclopaedia Britannica, britannica.com (accessed December 2, 2024); Federal Communications Commission, “FCC Acts to Restore Internet Freedom,” fcc.gov, Dec. 14, 2017
  2. American Civil Liberties Union, “What Is Net Neutrality?,” aclu.org, Dec. 2017
  3. Gerald R. Faulhaber, “Economics of Net Neutrality: A Review,” Communications & Convergence Review, 2011
  4. Brian Fung, “The FCC Just Voted to Repeal Its Net Neutrality Rules, in a Sweeping Act of Deregulation,” washingtonpost.com, Dec. 14, 2017
  5. Steve Lohr, “Net Neutrality Repeal: What Could Happen and How It Could Affect You,” nytimes.com, Nov. 21, 2017
  6. David Shepardson, “21 States Sue to Keep Net Neutrality as Senate Democrats Reach 50 Votes,” reuters.com, Jan. 16, 2018
  7. Roni Jacobson, “Internet Censorship Is Advancing under Trump,” wired.com, Apr. 12, 2017
  8. Jessica Rosenworcel, “Dissenting Statement of Commissioner Jessica Rosenworcel,” fcc.gov, Dec. 14, 2017
  9. Ajit Pai, “Oral Statement of Chairman Ajit Pai,” fcc.gov, Dec. 14, 2017
  10. Federal Communications Commission, “FCC Fact Sheet: Restoring Internet Freedom Declaratory Ruling, Report and Order – WC Docket No. 17-108,” apps.fcc.gov, Nov. 2, 2017
  11. Jon Brodkin, “Comcast Deleted Net Neutrality Pledge Same Day FCC Announced Repeal,” arstechnica.com, Nov. 29, 2017
  12. Michael O’Rielly, “Oral Statement of Commissioner Michael O’Reilly,” fcc.gov, Dec. 14, 2017
  13. George S. Ford, “Net Neutrality, Reclassification and Investment: A Counterfactual Analysis,” Perspectives, Apr. 25, 2017
  14. NCTA, “Reaffirming Our Commitment to an Open Internet,” ncta.com, May 17, 2017
  15. Verizon v. Federal Communications Commission, cadc.uscorts.gov, Jan. 14, 2014
  16. Electronic Freedom Foundation, “Comments of the Electronic Freedom Foundation on Notice of Proposed Rulemaking,” eff.org, July 17, 2017
  17. Ryan Singel, “Expect Fewer Great Startups if the FCC Kills Net Neutrality,” wired.com, Dec. 12, 2017
  18. Internet Association, “Internet Association Files With FCC and Calls For Net Neutrality Rules to Be Kept in Place,” internetassociation.org, July 17, 2017
  19. Startups for Net Neutrality, Letter to FCC Chairman Ajit Pai, engine.is, Apr. 26, 2017
  20. Ajit Pai, “Remarks of FCC Chairman Ajit Pai at the Newseum: The Future of Internet Freedom,” fcc.gov, Apr. 26, 2017
  21. Steve Kovach, “The FCC Plans to Repeal Net Neutrality This Week – and It Could Ruin the Internet,” businessinsider.com, Dec. 10, 2017
  22. Jim Cicconi, “Who Should Pay for Netflix?,” attpublicpolicy.com, Mar. 21, 2014
  23. Anna G. Eshoo, “Net Neutrality Repeal Means You’re Going to Hate Your Cable Company Even More,” usatoday.com, Dec. 12, 2017
  24. Jordan Malter, “Google CEO: Net Neutrality ‘A Principle We All Need to Fight For,’” money.cnn.com, Jan. 24, 2018
  25. Bill Chappell and Susan Davis, “Senate Approves Overturning FCC’s Net Neutrality Repeal,” npr.org, May 16, 2018
  26. Erin Carson and Marguerite Reardon, “Net Neutrality Rules Will End June 11th with the FCC’s Final Say-So,” cnet.com, May 10, 2018
  27. Federal Communications Commission, “Report and Order on Remand, Declaratory Ruling, and Order,” transition.fcc.gov, Mar. 12, 2015
  28. Hal Singer, “Bad Bet by FCC Sparks Capital Flight from Broadband,” forbes.com, Mar. 2, 2017
  29. Internet Association, “Principles to Preserve & Protect an Open Internet,” internetassociation.org (accessed May 23, 2018)
  30. AT&T, “Open Internet,” about.att.com (accessed May 10, 2018)
  31. National Review, “Net Neutrality: Let Congress Decide if It’s Needed,” nationalreview.com, Nov. 11, 2017
  32. John W. Mayo et al., “An Economic Perspective of Title II Regulation of the Internet,” cbpp.georgetown.edu, July 2017
  33. The White House Office of the Press Secretary, “Statement by the President on Net Neutrality,” obamawhitehouse.archives.gov, Nov. 10, 2014
  34. Jon Brodkin, “Bill to Save Net Neutrality Is 46 Votes Short in US House,” arstechnica.com, June 27, 2018
  35. Cecilia Kang, “Justice Department Sues to Stop California Net Neutrality Law,” nytimes.com, Sep. 30, 2018
  36. Federal Communications Commission, “Statement of Acting Chairwoman Rosenworcel on Department of Justice Decision to Withdraw Lawsuit to Block California Net Neutrality Law,” docs.fcc.gov, Feb. 8, 2021
  37. National Law Review, “State Net Neutrality Laws May Lead to Federal Legislation,” natlawreview.com, Mar. 1, 2021
  38. Oscar Gonzalez, “FCC Votes to Begin Reinstatement of Net Neutrality,” gizmodo.com, Oct. 19, 2023
  39. Oscar Gonzalez, “Net Neutrality Is Back. Yes, You Should Care,” gizmodo.com, Apr. 25, 2024
  40. Cecilia Kang, “Net Neutrality Rules Struck Down by Appeals Court,” nytimes.com, Jan. 2, 2025
  41. Tom Wheeler, “Don’t be fooled: Net neutrality is about more than just blocking and throttling,” brookings.edu, Oct. 30, 2023
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Chatbot answers are created from Britannica articles using AI. This is a beta feature. AI answers may contain errors. Please verify important information using Britannica articles. About Britannica AI.

Internet service provider (ISP), company that provides Internet connections and services to individuals and organizations. ISPs may also provide software packages (such as browsers), e-mail accounts, and a personal website or home page. ISPs can host websites for businesses and can also build the websites themselves. ISPs are all connected to each other through network access points, public network facilities on the Internet backbone.

The rise of commercial Internet services and applications helped fuel a rapid commercialization of the Internet. This phenomenon was the result of several other factors as well. One important factor was the introduction of the personal computer (PC) and the workstation in the early 1980s—a development that in turn was fueled by unprecedented progress in integrated circuit technology and an attendant rapid decline in computer prices. Another factor, which took on increasing importance, was the emergence of Ethernet and other “local area networks” (LANs) to link personal computers. But other forces were at work too. Following the restructuring of AT&T Corporation in 1984, the U.S. National Science Foundation took advantage of various new options for its national-level digital backbone service, known as NSFNET. In 1988 the U.S. Corporation for National Research Initiatives received approval to conduct an experiment linking a commercial e-mail service (MCI Mail) to the Internet. This application was the first Internet connection to a commercial provider that was not also part of the research community. Approval quickly followed to allow other e-mail providers access, and the Internet began its first explosion in traffic.

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In 1993 federal legislation allowed NSF to open the NSFNET backbone to commercial users. Prior to that time, use of the backbone was subject to an “acceptable use” policy, established and administered by NSF, under which commercial use was limited to those applications that served the research community. NSF recognized that commercially supplied network services, now that they were available, would ultimately be far less expensive than continued funding of special-purpose network services.

Also in 1993 the University of Illinois made widely available Mosaic, a new type of computer program, known as a browser, that ran on most types of computers and, through its “point-and-click” interface, simplified access, retrieval, and display of files through the Internet. Mosaic incorporated a set of access protocols and display standards originally developed at the European Organization for Nuclear Research (CERN) by Tim Berners-Lee for a new Internet application called the World Wide Web (WWW). In 1994 Netscape Communications Corporation (originally called Mosaic Communications Corporation) was formed to develop a Web browser, Netscape Navigator, and server software for commercial use. Shortly thereafter the software giant Microsoft Corporation became interested in supporting Internet applications on personal computers and developed its Internet Explorer Web browser (based initially on Mosaic) and other programs. These new commercial capabilities accelerated the growth of the Internet, which as early as 1988 had already been growing at the rate of 100 percent per year.

By the late 1990s there were approximately 10,000 ISPs around the world, more than half located in the United States. However, most of these ISPs provided only local service and relied on access to regional and national ISPs for wider connectivity. Consolidation began at the end of the decade, with many small to medium-sized providers merging or being acquired by larger ISPs. Among these larger providers were groups such as America Online, Inc. (AOL), which had started as a dial-up information service with no Internet connectivity but made a transition in the late 1990s to become the leading provider of Internet services in the world—with more than 25 million subscribers by 2000 and with branches in Australia, Europe, South America, and Asia. Meanwhile, many new state-owned ISPs entered the business in large national markets, such as China, India, and Indonesia, and quickly eclipsed the subscriber base of any traditional commercial ISP.

In the early 21st century, many dial-up Internet customers shifted to broadband service for faster Internet connections. The entry-level broadband service offered by telephone and cable television companies cost as little as dial-up services in some parts of the United States, and some companies bundled together telephone, cable television, and Internet service. As a result of the shift, dial-up Internet provider AOL watched its base of dial-up service subscribers decline from nearly 27 million in 2002 to 2.1 million in 2015. By 2020 more than 120 million households in the United States had broadband Internet.

With the proliferation of services such as Netflix that stream video and other large files, ISPs pushed for the right to offer differently priced tiers of service to online content or software providers on the basis of their Internet use. Proponents of net neutrality believe, among other things, that network providers should be required to treat all broadband consumers equally instead of charging some consumers higher prices for using more bandwidth (data-carrying capacity). Opponents of net neutrality question whether cable and telephone companies could afford to invest in advanced security or transmission services if they could not charge a premium for them. In general, big Internet providers of content and software supported net neutrality, while the ISPs were against it. In the United States, the Federal Communications Commission initially issued orders in favour of net neutrality in 2010 and 2015, but under the Trump administration those policies were reversed in 2017.

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The Editors of Encyclopaedia BritannicaThis article was most recently revised and updated by Erik Gregersen.
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