recently the Federal Communications
Commission decided to regulate all
internet providers as common carriers
it's a major decision and some people
are already calling it a government take
over the internet but the move itself is
pretty simple under these rules internet
providers will have to operate by the
same rules as landline phone companies
all phone calls are treated in the same
way you can't pay for special priority
and under these rules that will be true
of web traffic - that means Comcast
can't throttle a service just because
it's using a lot of bandwidth or ask you
to pay extra to use a fast lane through
the congested web so how do we get here
it starts in 1934 when FDR signed the
Communications Act title 2 of the Act
designated services like telephones as
common carriers which means they had to
treat all the traffic on the network
equally they couldn't block a call just
because you were saying nasty things
about the phone company in 1980 the
computer - policies made things a little
bit more complicated suddenly not
everyone was a common carrier there were
also enhanced services that could get
away with a little bit more as the web
heated up that became a real division
there were enhanced services like AOL
and ISPs that still have to abide by
title to the enhanced services made a
lot more money off a lot less investment
and the ISPs were understandably peeved
but the title designation changed in
2002 here some legal confusion cable
broadband was redefined as an
information service effectively
exempting the most popular consumer
internet providers from common carrier
rules in 2005 DSL and Wireless got the
same exemption at the same time the FCC
established a set of open Internet rules
meant to keep discrimination from
getting out of hand
but the principles were pretty weak and
in 2007 Comcast broke them slowing down
BitTorrent traffic to avoid congesting
the network with illegal downloads the
FCC didn't like that and they went back
and forth with Comcast in the courts for
years in the end they lost the court
ruled the Communications Act didn't give
the FCC enough power to tell Comcast
what to do after that defeat the FCC
issued new open Internet rules meant to
explicitly outlaw discrimination but it
was only three years before those were
struck down by another court challenge
that left the FCC with few options for
preserving an open web and after
sustained public pressure FCC Chairman
Tom wheeler finally signaled that he
would regulate web providers under the
authorities granted by title 2 and that
an FCC meeting in February he carried
through on that promise this is a big
win for net neutrality but it's not the
end of the fight
companies like Comcast and Verizon have
already hinted that they may file a
joint lawsuit challenging wheelers
decision with as much money at stake
it's likely the issue will be fought out
in courts for years to come
potentially reaching as high as the
Supreme Court we still don't know for
sure how it will all shake out but after
this decision the odds are good that the
web will say open and free will call for
the yeas and nays all in favor say aye
aye opposed no the eyes have it
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