On 20 November 2011, the US Federal Communications Commission’s rules on net neutrality will come into force. While the rules are a welcome attempt at protecting net neutrality, ARTICLE 19 is concerned that they do not go far enough.
With the EU set to adopt its own conclusions on net neutrality in early December, ARTICLE 19 calls on the US, the EU, and governments worldwide to implement rules that fully protect universal access to, and openness of, the internet.
The principle of ‘net neutrality’ protects the consumers’ right to access the content, applications, services and hardware of their choice. It is essential for the sharing of information and ideas on the internet. The priniple of net neutrality also requires that Internet Service Providers (ISPs) and governments should not be allowed to use their control of internet infrastrucuture to block content, or prioritise or slow down access to certain applications or services, such as peer-to-peer transmission.
In October 2011, the Federal Communications Commission (FCC) published a set of rules called ‘Formal Complaint Procedures, Preserving the Open Internet and Broadband Industry Practices’, aimed at ensuring net neutrality, and scheduled to come into force on 20 November 2011. Although the FCC approved the Rules on 21 December 2010, they have not entered into effect due to their delayed publication in the Federal Register. A number of legal challenges have been brought against the FCC following the publication of the rules, and therefore implementation of the rules is likely to be further delayed.
The rules espouse three basic principles: (i) all ISPs must be transparent in their network management practices; (ii) ISPs are prohibited from blocking lawful sites and services; and (iii) fixed broadband providers cannot unreasonably discriminate against lawful network traffic.