Net neutrality in the United States
|Part of a series about|
|Topics and issues|
|By country or region|
In the United States, net neutrality, the principle that Internet service providers (ISPs) treat all data on the Internet the same, and not discriminate, has been an issue of contention between network users and access providers since the 1990s. To elucidate the term "net neutrality", one can apply a metaphor that was given and illustrated by Michael Goodwin: In his illustration, he illustrates ISPs as the driveway that connects a home to the vast network of destinations on the internet, and net neutrality is the principle that prevents ISPs from slowing some traffic or charging a premium fee for other traffic.
A core issue to net neutrality is how ISPs should be classified under the Communications Act of 1934, if they should be Title I "information services" or Title II "common carrier services". The classification affects the Federal Communication Commission's (FCC) authority over ISPs: the FCC would have significant ability to regulate ISPs if classified as Title II common carriers, but would have little control over them if classified as Title I. Because the Communications Act has not been amended by the United States Congress to account for ISPs, the FCC has the authority to designate how ISPs should be treated in addition to what regulations they can set on ISPs. The makeup of the 5-member FCC has changed with each new administration, leading to the state of net neutrality flipping back and forth over the last two decades.
In 2005, the FCC adopted network neutrality principles "to preserve and promote the vibrant and open character of the Internet as the telecommunications marketplace enters the broadband age." Between 2005 and 2012, five attempts to pass bills in Congress containing net neutrality provisions failed. Opponents claimed that these bills would have benefited industry lobbyists instead of consumers. In response to legal challenges from ISPs challenging the FCC's ability to set net neutrality principles, the FCC in 2015 issued the Open Internet Order which reclassified ISPs as Title II services and giving them authority to enforce net neutrality. The Court of Appeals for the District of Columbia upheld the FCC's new rules in a legal challenge raised by advocate groups representing ISPs.
Upon becoming FCC chairman in April 2017 as part of the Trump Administration, Ajit Pai proposed to repeal the neutrality policies, returning to the previous classification of ISPs as Title I services. The draft of the proposed repeal, published in May 2017, led to over 20 million comments to the FCC. Despite a majority of these favoring retaining the 2015 Open Internet Order, the FCC still voted in favor of repealing the Order, which went into effect in June 2018 despite efforts in Congress to stay the repeal. As a result, over 20 states launched a joint lawsuit against the FCC, while California passed its own state-level net neutrality law that is being challenged by the federal government.
- 1 Regulatory history
- 1.1 Overview
- 1.2 Early history 1980 – early 2000s
- 1.3 FCC promotes freedom without regulation (2004)
- 1.4 CLEC, dial-up, and DSL deregulation (2004–2005)
- 1.5 FCC attempts at enforcing net neutrality (2005–2010)
- 1.6 FCC's conditions for spectrum auction (2008)
- 1.7 FCC Open Internet Order (2010)
- 1.8 Narrowing of the FCC's authority (2014)
- 1.9 Deliberations about reclassification as common carriers (2014–2015)
- 1.10 Net neutrality and the Trump administration (2017)
- 1.11 Timeline of significant events
- 2 Violations
- 3 Attempted legislation
- 4 Positions
- 5 Unresolved issues
- 6 State-level actions
- 7 See also
- 8 Notes
- 9 References
- 10 Further reading
- 11 External links
In 2005, under Republican Chair Kathleen Abernathy, the Federal Communications Commission adopted network neutrality principles "to preserve and promote the vibrant and open character of the Internet as the telecommunications marketplace enters the broadband age." Between 2005 and 2012, five attempts to pass bills in Congress containing net neutrality provisions failed. Proponents claimed that these bills would preserve the open Internet that consumer groups sought, and to prohibit Internet service providers from using various variable pricing models based upon the user's quality of service level, described as tiered service in the industry and as price discrimination arising from abuse of "local monopolies enshrined in law" by some economists. Opponents claimed that these bills would have benefited industry lobbyists instead of consumers due to the potential of regulatory capture with policies that protect incumbent interests and that the bills were a transparent attempt to establish US government control over the Internet.
Large broadband Internet access service providers challenged the FCC's network neutrality principles. In Verizon Communications Inc. v. FCC, 740 F.3d 623 (D.C. Cir. 2014), the D.C. Circuit Court of Appeals ruled that because the FCC classified broadband internet service providers (ISPs) as providing "information services," governed by Title I of the Communications Act of 1934, rather than "common carrier services," governed by Title II of the Act (47 U.S.C. § 201–31), the FCC could not regulate ISPs pursuant to the much broader regulatory power found in Title II of the Act. Thus the rules were struck down. Following that ruling, the FCC took steps to reclassify ISPs as common carriers subject to Title II regulation. The FCC issued a Notice of Proposed Rulemaking (NPRM) soliciting comments from the public on the issue on May 14, 2014. The FCC received 3.7 million comments, a substantial majority of which supported reclassifying internet to a telecommunications service and ISPs to common carriers subject to Title II regulatory authority. The FCC then went forward, reclassifying retail providers of BIAS as common carriers, and adopted revised open Internet requirements. On February 26, 2015, the FCC ruled in favor of net neutrality by reclassifying broadband as a common carrier under Title II of the Communications Act of 1934 and Section 706 of the Telecommunications Act of 1996. On April 13, 2015, the FCC published the final rule on its new "net neutrality" regulations. These rules went into effect on June 12, 2015.
The United States Telecom Association, which represents large telecom companies, filed a lawsuit against the FCC in 2015 challenging the net neutrality rule. The Association argued that the FCC's classification of broadband carriers as "common carriers" was a form of administrative overreach. In June 2016, a divided panel of the Court of Appeals for the District of Columbia upheld the FCC's net neutrality rules and the FCC's determination that broadband access is a public utility, rather than a luxury.
Upon becoming FCC chairman in April 2017, Ajit Pai proposed to repeal the policies and issued a NPRM soliciting comments from the public on the issue. The FCC received over 20 million comments this time around. While this process was underway, New York Attorney General Eric Schneiderman made public that his office was investigating a substantial amount of fraudulent activity relating to the comments on this rulemaking and that the FCC has been resistant to assisting him in his investigation. The FCC wishes to restore order to the internet because they think the internet needs to stay safe. According to the FCC, they have three parts to they wish to use as a framework for they need Consumer Protection, Transparency and Removal of Unneeded regulations. They believe that internet providers were unfair and deceiving customers in this practice.
It has since been revealed that there were millions of fraudulent comments submitted during this comment period. Nevertheless, on December 14, 2017, the Federal Communications Commission (FCC) voted in favor of repealing these policies, 3–2, along party lines, as the 2015 vote had occurred. On January 4, 2018, the FCC published the official text for "Restoring Internet freedom". Shortly thereafter, twenty two state Attorneys General filed suit against the FCC, alleging among other things that the comment process had been corrupted, making the rule changes invalid.
On June 11, 2018, the repeal of the FCC's rules took effect, ending network neutrality regulation in the United States. In August 2018 the FCC admitted that its previous claim that the commenting system used during the Net Neutrality Notice of Proposed Rulemaking had been hacked was false.
Early history 1980 – early 2000s
The ideas underlying net neutrality have a long pedigree in telecommunications practice and regulation. Services such as telegrams and the phone network (officially, the public switched telephone network or PSTN) have been considered common carriers under U.S. law since the Mann–Elkins Act of 1910, which means that they have been akin to public utilities and expressly forbidden to give preferential treatment. The Communications Act of 1934 created the Federal Communications Commission (FCC) to regulate the industry and ensure fair pricing and access.
In the late 1980s the Internet became legally available for commercial use, and in the early years of public use of the Internet, this was its main use – public access was limited and largely reached through dial-up modems (as was the Bulletin board system dial-up culture that preceded it). The Internet was viewed more as a commercial service than a domestic and societal system. Being business services, cable modem Internet access and high-speed data links, which make up the Internet's core, had always since their creation been categorized under U.S. law as an information service, unlike telephone services (including services by dial-up modem), and not as a telecommunications service, and thus had not been subject to common carrier regulations, as upheld in National Cable & Telecommunications Association v. Brand X Internet Services, 545 U.S. 967 (2005).
However, by the late 1990s and early 2000s, the Internet started to become common in households and wider society. Also in the 1980s, arguments about the public interest requirements of the telecommunications industry in the U.S. arose; whether companies involved in broadcasting were best viewed as community trustees, with obligations to society and consumers, or mere market participants with obligations only to their shareholders. The legal debate about net neutrality regulations of the 2000s echoes this debate.
By the 1990s, some U.S. politicians began to express concern over protecting the Internet:
How can government ensure that the nascent Internet will permit everyone to be able to compete with everyone else for the opportunity to provide any service to all willing customers? Next, how can we ensure that this new marketplace reaches the entire nation? And then how can we ensure that it fulfills the enormous promise of education, economic growth, and job creation?
In the early 2000s, legal scholars such as Tim Wu and Lawrence Lessig raised the issue of neutrality in a series of academic papers addressing regulatory frameworks for packet networks. Wu, in particular, noted that the Internet is structurally biased against voice and video applications. The debate that started in the U.S. extended internationally, albeit with distinct differences from the European debates .
FCC promotes freedom without regulation (2004)
In February 2004, then Federal Communications Commission Chairman Michael Powell announced a set of non-discrimination principles, which he called the principles of "Network Freedom". In a speech at the Silicon Flatirons Symposium, Powell encouraged ISPs to offer users these four freedoms:
- Freedom to access content
- Freedom to run applications
- Freedom to attach devices
- Freedom to obtain service plan information
In early 2005, in the Madison River case, the FCC for the first time showed the willingness to enforce its network neutrality principles by opening an investigation about Madison River Communications, a local telephone carrier that was blocking voice over IP service. Yet the FCC did not fine Madison River Communications. The investigation was closed before any formal factual or legal finding and there was a settlement in which the company agreed to stop discriminating against voice over IP traffic and to make a $15,000 payment to the US Treasury in exchange for the FCC dropping its inquiry. Since the FCC did not formally establish that Madison River Communications violated laws and regulation, the Madison River settlement does not create a formal precedent, though established that it would take enforcement action in such situations.
CLEC, dial-up, and DSL deregulation (2004–2005)
In 2004, the court case USTA v. FCC voided the FCC's authority to enforce rules requiring telephone operators to unbundle certain parts of their networks at regulated prices. This caused the economic collapse of many competitive local exchange carriers (CLEC).
In the United States, broadband services were historically regulated differently according to the technology by which they were carried. While cable Internet has always been classified by the FCC as an information service free of most regulation, DSL was regulated as a telecommunications service. In 2005, the FCC reclassified Internet access across the phone network, including DSL, as "information service" relaxing the common carrier regulations and unbundling requirement.
During the FCC's hearing, the National Cable & Telecommunications Association urged the FCC to adopt the four criteria laid out in its 2005 Internet Policy Statement as the requisite openness. This made up a voluntary set of four net neutrality principles. Implementation of the principles was not mandatory; that would require an FCC rule or federal law. The modified principles were as follows:
- Consumers are entitled to access the lawful Internet content of their choice;
- Consumers are entitled to run applications and services of their choice, subject to the needs of law enforcement;
- Consumers are entitled to connect their choice of legal devices that do not harm the network; and
- Consumers are entitled to competition among network providers, application and service providers, and content providers.
In December 2006, the AT&T/Bell South merger agreement defined net neutrality as an agreement on the part of the broadband provider: "not to provide or to sell to Internet content, application or service providers ... any service that privileges, degrades or prioritizes any (data) packet transmitted over AT&T/BellSouth's wireline broadband Internet access service based on its source, ownership or destination."
FCC attempts at enforcing net neutrality (2005–2010)
In 2007, Comcast, the largest cable company in the US, was found to be blocking or severely delaying BitTorrent uploads on their network using a technique which involved creating 'reset' packets (TCP RST) that appeared to come from the other party. An August 2007 report by TorrentFreak (based on substantial nationwide research led by chief researcher Andrew Norton) noted that ISPs had been throttling BitTorrent traffic for almost two years, since 2005, but Comcast was completely blocking it in at least some cases. This was later verified by both the EFF and Associated Press. On March 27, 2008, Comcast and BitTorrent reached an agreement to work together on network traffic where Comcast was to adopt a protocol-neutral stance "as soon as the end of ", and explore ways to "more effectively manage traffic on its network at peak times." In December 2009, Comcast reached a proposed settlement of US$16 million, admitting no wrongdoing and amounting to no more than US$16 per share.
In August 2008, the FCC made its first Internet network management decision. It voted 3-to-2 to uphold a complaint against Comcast ruling that it had illegally inhibited users of its high-speed Internet service from using file-sharing software because it throttled the bandwidth available to certain customers for video files to ensure that other customers had adequate bandwidth. The FCC imposed no fine, but required Comcast to end such blocking in the year 2008, ordered Comcast to disclose the details of its network management practices within 30 days, submit a compliance plan for ending the offending practices by the end of the year, and disclose to the public the details of intended future practices. Then-FCC chairman Kevin J. Martin said the order was meant to set a precedent, that Internet providers and all communications companies could not prevent customers from using their networks the way they see fit, unless there is a good reason. In an interview Martin stated that "We are preserving the open character of the Internet" and "We are saying that network operators can't block people from getting access to any content and any applications."
Towards the end of 2009, FCC Chair Julius Genachowski announced at the Brookings Institution a series of proposals that would prevent telecommunications, cable and wireless companies from blocking certain information on the Internet, for example, Skype applications. In September 2009, he proposed to add two rules to its 2005 policy statement, viz., the nondiscrimination principle that ISPs must not discriminate against any content or applications, and the transparency principle, requiring that ISPs disclose all their policies to customers. He argued that wireless should be subject to the same network neutrality as wireline providers. In October 2009, the FCC gave notice of proposed rule making on net neutrality.
In two rulings, in April and June 2010 respectively, both of the above were rejected by the United States Court of Appeals for the District of Columbia Circuit in Comcast Corp. v. FCC. On April 6, 2010, the FCC's 2008 cease-and-desist order against Comcast to slow and stop BitTorrent transfers was denied. The U.S. Court of Appeals ruled that the FCC has no powers to regulate any Internet provider's network, or the management of its practices: "[the FCC] 'has failed to tie its assertion' of regulatory authority to an actual law enacted by Congress", and in June 2010, it overturned (in the same case) the FCC's Order against Comcast, ruling similarly that the FCC lacked the authority under Title One of the Communications Act of 1934, to force ISPs to keep their networks open, while employing reasonable network management practices, to all forms of legal content. In May 2010, the FCC announced it would continue its fight for net neutrality.
FCC's conditions for spectrum auction (2008)
In February 2008, Kevin Martin, then Chairman of the Federal Communications Commission, said that he is "ready, willing and able," to prevent broadband ISPs from irrationally interfering with their subscribers' Internet access.
In 2008, when the FCC auctioned off the 700 MHz block of wireless spectrum in anticipation of the DTV transition, Google promised to enter a bid of $4.6 billion, if the FCC required the winning licensee to adhere to four conditions:
- Open applications: Consumers should be able to download and use any software application, content, or services they desire;
- Open devices: Consumers should be able to use a handheld communications device with whatever wireless network they prefer;
- Open services: Third parties (resellers) should be able to acquire wireless services from a 700 MHz licensee on a wholesale basis, based on reasonably nondiscriminatory commercial terms;
- Open networks: Third parties, such as Internet service providers, should be able to interconnect at any technically feasible point in a 700 MHz licensee's wireless network.
These conditions were broadly similar to the FCC's Internet Policy Statement; FCC's applications and content were combined into a single bullet, and an extra bullet requiring wholesale access for third party providers was included. The FCC adopted only two of these four criteria for the auction, viz., open devices and open applications, and only applied these conditions to the nationwide C block portion of the band.
FCC Open Internet Order (2010)
In December 2010, the FCC approved the FCC Open Internet Order banning cable television and telephone service providers from preventing access to competitors or certain web sites such as Netflix. On December 21, 2010, the FCC voted on and passed a set of six net "neutrality principles":
- Transparency: Consumers and innovators have a right to know the basic performance characteristics of their Internet access and how their network is being managed;
- No blocking: This includes a right to send and receive lawful traffic, prohibits the blocking of lawful content, apps, services and the connection of non-harmful devices to the network;
- Level playing field: Consumers and innovators have a right to a level playing field. This means a ban on unreasonable content discrimination. There is no approval for so-called "pay for priority" arrangements involving fast lanes for some companies but not others;
- Network management: This is an allowance for broadband providers to engage in reasonable network management. These rules do not forbid providers from offering subscribers tiers of services or charging based on bandwidth consumed;
- Mobile: The provisions adopted today do not apply as strongly to mobile devices, though some provisions do apply. Of those that do are the broadly applicable rules requiring transparency for mobile broadband providers and prohibiting them from blocking websites and certain competitive applications;
- Vigilance: The order creates an open Internet advisory committee to assist the commission in monitoring the state of Internet openness and the effects of the rules.
The net neutrality rule did not keep ISPs from charging more for faster access. The measure was denounced by net neutrality advocates as a capitulation to telecommunication companies such as allowing them to discriminate on transmission speed for their profit, especially on mobile devices like the iPad, while pro-business advocates complained about any regulation of the Internet at all. Republicans in Congress announced to reverse the rule through legislation. Advocates of net neutrality criticized the changes.
On January 14, 2014, the DC Circuit Court determined in the case of Verizon Communications Inc. v. Federal Communications Commission that the FCC had no authority to enforce network neutrality rules as long as service providers were not identified as "common carriers". The court agreed that FCC can regulate broadband and may craft more specific rules that stop short of identifying service providers as common carriers.
Section 706 vs. Title II
As a response to the DC Circuit Court's decision, a dispute developed as to whether net neutrality could be guaranteed under existing law, or if reclassification of ISPs was needed to ensure net neutrality. Wheeler stated that the FCC had the authority under Section 706 of the Telecommunications Act of 1996 to regulate ISPs, while others, including President Obama, supported reclassifying ISPs as common carriers under Title II of the Communications Act of 1934. Critics of Section 706 point out that the section has no clear mandate to guarantee equal access to content provided over the internet, while subsection 202(a) of the Communications Act states that common carriers cannot "make any unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities, or services." Advocates of net neutrality have generally supported reclassifying ISPs under Title II, while FCC leadership and ISPs have generally opposed such reclassification. The FCC stated that if they reclassified ISPs as common carriers, the commission would selectively enforce Title II, so that only sections relating to broadband would apply to ISPs.
Deliberations about reclassification as common carriers (2014–2015)
Policy proposals (2014)
On February 19, 2014, the FCC announced plans to formulate new rules to resume enforcing net neutrality while complying with the court rulings. However, in the event, on April 23, 2014, the FCC reported a new draft rule that would permit broadband ISPs such as Comcast and Verizon to offer content providers, such as Netflix, Disney or Google, willing to pay a higher price, faster connection speeds, so their customers would have preferential access, thus reversing its earlier position and (so far as opinion outside the ISP sector generally agreed) would deny net neutrality.
Public response was heated, pointing out FCC chairman Tom Wheeler's past as a president and CEO of two major ISP-related organizations, and the suspicion of bias towards the profit-motives of ISPs as a result. Shortly afterwards, during late April 2014, the contours of a document leaked that indicated that the FCC under Wheeler would consider promulgating rules allowing Internet service providers (ISPs) to violate net neutrality principles by making it easier for Internet users to access certain content — whose owners paid fees to the ISPs (including cable companies and wireless ISPs) — and harder to access other content, thus undermining the traditional open architecture of the Internet. These plans received substantial backlash from activists, the mainstream press, and some other FCC commissioners. In May 2014, over 100 Internet companies — including Google, Microsoft, eBay, and Facebook — signed a letter to Wheeler voicing their disagreement with his plans, saying they represented a "grave threat to the Internet". As of May 15, 2014, the "Internet fast lane" rules passed with a 3–2 vote. They were then open to public discussion that ended July 2014.
On May 15, 2014, in the face of continuing intense focus and criticism, the FCC stated it would consider two options regarding Internet services: first, permit fast and slow broadband lanes, thereby compromising net neutrality; and second, reclassify broadband as a telecommunication service, thereby preserving net neutrality. The same day, the FCC opened a public comment period on how FCC rulemaking could best protect and promote an open Internet, garnering over one million responses, the most the FCC had ever received for rulemaking. The FCC proposal for a tiered Internet received heavy criticism. Opponents argued that a user accessing content over the "fast lane" on the Internet would find the "slow lane" intolerable in comparison, greatly disadvantaging any content provider who is unable to pay for "fast lane" access. They argued that a tiered Internet would suppress new Internet innovations by increasing the barrier to entry. Video providers Netflix and Vimeo in their comments filed with the FCC used the research of S.S. Krishnan and Ramesh Sitaraman that provided quantitative evidence of the impact of Internet speed on online video users. Their research studied the patience level of millions of Internet video users who waited for a slow-loading video to start playing. Users with faster Internet connectivity, such as fiber-to-the-home, demonstrated less patience and abandoned their videos sooner than similar users with slower Internet connectivity.
Opponents of the rules declared September 10, 2014, to be the "Internet slowdown". Participating websites were purposely slowed down to show what they felt would happen if the new rules took effect. Websites that participated in the Internet slowdown included Netflix, Reddit, Tumblr, Twitter, Vimeo and Kickstarter. The Economist described the "Battle for the Net [...] now casting the upcoming FCC decision as an epic clash between "Team Internet" (a plucky band of high-tech multi-millionaires) and "Team Cable" (a dastardly bunch of Big-ISP billionaires)." On November 10, 2014, President Obama stepped in, and recommended the FCC reclassify broadband Internet service as a telecommunications service in order to preserve net neutrality.
On November 12, 2014, future president Donald Trump tweeted, "Obama’s attack on the internet is another top down power grab. Net neutrality is the Fairness Doctrine. Will target conservative media."
2015 Open Internet Order
On January 16, 2015, Republicans presented legislation, in the form of a U. S. Congress HR discussion draft bill, that made concessions to net neutrality but prohibited the FCC from accomplishing that goal, or from enacting any further regulation affecting ISPs. Two weeks later, on January 31, AP News reported the FCC would present the notion of applying ("with some caveats") common carrier status to the Internet in a vote expected on February 26, 2015. Adoption of this notion would reclassify Internet service from one of information to one of telecommunications and ensure net neutrality, according to FCC chairman Tom Wheeler. On the day before the FCC vote, the FCC was expected to vote to regulate the Internet in this manner, as a public good, and on February 26, 2015, the FCC voted to apply common carrier of the Communications Act of 1934 and Section 706 of the Telecommunications Act of 1996 to the Internet. On the same day, the FCC also voted to preempt state laws in North Carolina and Tennessee that limited the ability of local governments in those states to provide broadband services to potential customers outside of their service areas. While the latter ruling affects only those two states, the FCC indicated that the agency would make similar rulings if it received petitions from localities in other states. In response to ISP and opponent views, the FCC chairman, Tom Wheeler, commented, "This is no more a plan to regulate the Internet than the First Amendment is a plan to regulate free speech. They both stand for the same concept."
Social media platforms had a large role on engaging the public in the debate surrounding net neutrality. Popular websites such as Tumblr, Vimeo, and Reddit also participated in the Internet slowdown on September 10, 2014, which the organization said was the largest sustained (lasting more than a single day) online protest effort in history. On January 26, 2015, popular blogging site Tumblr placed links to group Fight For The Future, a net neutrality advocacy group. The website displayed a countdown to the FCC vote on Title II on February 26, 2015. This was part of a widespread Internet campaign to sway congressional opinion and encourage users to call or submit comments to congressional representatives. Net neutrality advocacy groups such as Save the Internet coalition and Battle for the Net responded to the 2015 FCC ruling by calling for defense of the new net neutrality rules.
Challenges to the ruling
Following the publication of the FCC's ruling in 2015, several internet providers filed suit to challenge the FCC's ruling. The cases were combined into a single case, United States Telecom Ass'n v. FCC 825 F.3d 674 (2016), heard by a three-judge panel on the United States Court of Appeals for the District of Columbia Circuit in December 2015. The court issued its decision in June 2016, with the panel split 2-1 in favor of maintaining the FCC's ruling, stating that the Internet should be treated as a utility and not as a luxury. Internet providers signaled their intent to continue to challenge this ruling to the Supreme Court.
Several of the telecom groups petitioned the Supreme Court for writ of certiorari following the Court of Appeals ruling, ultimately falling under the case name Berninger v. Federal Communications Commission (Docket 17-489). The petition argued that the FCC did not have the power to issue the Open Internet Order, which required a re-interpretation of the Communications Act of 1934, under the Chevron deference. On November 5, 2018, seven members of the Court denied the petition, leaving in place the Court of Appeals ruling, which established that the FCC had the ability to reclassify Internet under Title II. Chief Justice John Roberts abstained due to financial conflict, and Justice Brett Kavanaugh abstained due to his previous involvement with the case history. Three Justices, Clarence Thomas, Samuel Alito, and Neil Gorsuch had recommended accepting the petition as to order a Munsingwear vacatur, in which the Appeals Court order would have been vacated, returned to that court, and have the case rendered moot due to the more recent 2018 FCC order that reversed the Open Internet Order.
Net neutrality and the Trump administration (2017)
Rollback of Obama-era rules
Shortly after his inauguration, President Donald Trump appointed Ajit Pai as the new chairman of the Federal Communications Commission. Pai had previously been nominated to fill one of the required Republican seats on the commission by President Obama under the recommendation of Senate Minority Leader Mitch McConnell. Pai, who objected to the 2015 Open Internet Order, quickly began to roll back some of the policies that had been implemented by the FCC during the Obama administration, and halted an investigation into the use of zero-rating by U.S. wireless providers. After his appointment, Pai stated that he planned to "modernize" FCC policies to "match the reality of the modern marketplace", but was unsure over whether the FCC would continue to enforce the net neutrality rules or Title II classification of broadband services.
In an interview on May 5, 2017, with NPR, Pai stated his argument against net neutrality enforcement rules to be only about focusing on fixing actual anti-competitive behavior that Internet providers show as opposed to just "regulating against hypothetical harms". Another argument he makes against this is that when the government inserts itself into the Internet's issues then it stifles its innovation and growth. He argues that it is impossible to predict all outcomes, and although some might be bad, it is not a good idea to put such strict restrictions on everyone when there are only a few companies who would harm consumers or innovators. He believes that strict net neutrality rules would "prohibit a number of pro-competitive business arrangements" and "would reduce investments".
In April 2017, it was reported that Pai had proposed that the net neutrality rules and Title II classifications be rolled back, that ISPs should instead "voluntarily" commit to the principles, and that violations of them should be enforced by the Federal Trade Commission instead of the FCC as unfair or deceptive business practices. On April 29, 2017, a clearer understanding of the latest net neutrality compromise proposal was described.
On May 18, 2017, the FCC voted to move forward with Pai's Notice of proposed rulemaking (NPRM) on "Restoring Internet freedom" by rolling back net neutrality regulations. The official "Comment Date" was July 17, 2017, with the "Reply Comment Date" being August 16, 2017.
The primary argument in this NPRM is that the Title II Order (on net neutrality) has pushed the major telecoms to reduce their capital expenditures (CapEx) in new infrastructure, thereby threatening the future of the nation. For this, they cite the approx. $1 billion reduction from 2014 to 2015 in CapEx reported by the United States Telecom Association and similar figures from industry consultant Hal Singer.
However, the accompanying plot of the USTelecom data cited (but not plotted) in the NPRM raises questions about whether the Title II Order generated a major reduction in Telecom Capex following the FCC's 2015 Title II Order on net neutrality: Roughly three quarters of the annual changes between 1996 and 2015 were larger. That change could easily be attributed to any number of other changes. The New York Times claimed that the majority on the FCC had to cherry-pick their data to support their conclusion. In her dissent to this NPRM, Commissioner Clyburn wrote, “I have yet to see a credible analysis that suggests that broadband provider capital expenditures have declined as a result of our 2015 Open Internet Order. ... Using the same logic that the NPRM uses, one could suggest that the FCC's classification of cable modem service as an information service in 2002 resulted in an even more precipitous drop in broadband provider investment.”
Falcon, Legislative Council for the Electronic Frontier Foundation claimed that no such claims of CapEx reductions have been made in official reports filed with the Securities and Exchange Commission (SEC), He said that major companies can be sued by investors who assert that they lost money because of misleading information in an SEC filing, and no such penalties apply to potentially misleading statements to Congress or the public.
Falcon's claim is supported by an analysis by Turner of Free Press in a report that includes 26 figures and tables, 21 of which were extracted from SEC filings and three of the remaining five came from the U.S. Census Bureau's Annual Capital Expenditures Survey. The change since the Title II Order was negative for only 5 of Turner's 24 tables, and the mean and median change over the 24 tables for which it seemed reasonable to extract a typical annualized percentage change were 8.1% and 5.2%, respectively.
Over 1,000 startups and investors signed an open letter to Pai opposing the proposal. The FCC received over 21 million comments from the public, though it has since become clear that millions of these comments were fraudulent.
To investigate the suggestion that some of the anti-net neutrality comments might be fraudulently using the names of real people without their knowledge, Fight for the Future created a web site called comcastroturf, claiming [on May 23, 2017], "Someone has submitted nearly half a million anti-net neutrality comments to the FCC, many of which appear to be completely fake — using stolen names and addresses", and inviting the reader to see if comments had been filed by someone else in his / her name. On May 23, Fight for the Future reported they had 'received a cease and desist order from Comcast's lawyers, claiming that Comcastroturf.com ... violates Comcast's “valuable intellectual property.” The letter threatens legal action if the domain is not transferred to Comcast's control. “This is exactly why we need Title II net neutrality protections that ban blocking, throttling, and censorship,” said Evan Greer, campaign director of Fight for the Future, “If Ajit Pai’s plan is enacted, there would be nothing preventing Comcast from simply blocking sites like Comcastroturf.com that are critical of their corporate policies”.'
In early May, Forbes reported that, "a group of activists, under the banner Battle for the Net, unveiled a campaign to generate letters to the Federal Communications Commission (FCC) to complain about zero rating offerings, or free data programs." Forbes claimed that, "All of the groups sponsoring this petition are funded by Google, who is likely upset because zero rating is a way for startups to circumvent Google’s demands. Zero rating eradicates the idea that paid ads on search engines are the only way to gain visibility online."
In early June, Battle for the Net, a coalition spearheaded by Fight for the Future, Free Press Action Fund, and Demand Progress, announced a "massive day of action" for July 12. Over 50,000 websites, including multinational corporations, participated in what Fight for the Future called "the largest online protest in history".
On June 15, 2017, Gigi Sohn, who had previously served as a top counselor to then-FCC chairman Tom Wheeler, published "4 steps to writing an impactful net neutrality comment (which you should do)":
- Write about yourself and how the net neutrality rules have affected you.
- Write about what you understand you are buying when you purchase broadband Internet access.
- Write about the choices you have (or don't) for broadband Internet access.
- Write about what role you think the FCC should have in overseeing the market for broadband Internet access.
On November 21, 2017, FCC chairman Pai unveiled plans to repeal the net neutrality policy in the United States. FCC commissioner Jessica Rosenworcel alleged on December 8 that the FCC was withholding evidence of fraud due to irregularities in its comment period and said the vote should be postponed until after an appropriate investigation.
Many organizations involved in the July 12 Day of Action planned an online protest for December 12. A vote was held on December 14, 2017, with a 3–2 party-line vote approving the repeal. On January 4, 2018, the current version of "Restoring Internet freedom" was made public, and was officially codified in the Federal Register on February 22, 2018, with the rules taking effect on June 11, 2018.
Criticism over public commenting period
The FCC's open comment period on the proposed language of "Restoring Internet Freedom" ran from May to August 2017 and received about 21.9 million comments, the largest influx of public comments seen by the FCC at that time; previously the FCC had gotten about 500,000 comments related to new media ownership rules in 2003 and 1.4 million comments from the Super Bowl XXXVIII halftime show controversy in 2004. As these comments were made available to the public, third-party groups began analyzing their contents, recognizing many comments that were against net neutrality shared the same language, and were considered to be duplicative.
One of the first studies, done on behalf of Broadband for America, which sought to repeal the Obama-era rules, found that 60% of the comments were in favor of retaining the current rules. However, the study also identified a large number of duplicate comments; if these were taken out, the unique comments favoring retaining the current rules far outweighed those seeking repeal, 1.52 million to 23,000. During and after the public commenting period, analysts reviewed the public comments and observed that a significant proportion of those using boilerplate language in support of repealing the rules had used names and addresses off known spam databases, and of those who were willing and able to be contacts asserts they left no such comment for the FCC. At least twenty-four people listed by the FCC as giving anti-net neutrality comments signed an open letter to the FCC in May 2017 requesting the comments they were asserted to have made to be removed from public record. The FCC's system for public comments, the Electronic Comment Filing System (ECFS), came under scrutiny: it uses an open application programming interface (API), along keys to that provided by the FCC, to submit comments, making it exploitable for mass-messaging.
In December 2017, the Pew Research Center issued its report in reviewing the comments, affirming that most of them were boilerplate messages, but representative of a mass campaigns attempting to sway public policy. The Pew report did recognize that several of the names were nonsensical, such as variations of "John Smith", or used "The Internet", and in other cases, thousands of messages were received at nearly the same time, potential evidence of a bot spamming in comments.
Another study evaluating all the comments submitted by the process was completed at Stanford University and published in October 2018. The Stanford study forced solely on unique comments, resulting in more than 800,000 comments that were called "semantic outliers" in contrast to boilerplate language, and in a detailed review of a sampling of one thousand of these, found that 99.7% favored retaining the Obama-era rules; these came from a geographically- and politically-diverse set of users. Shortly after this study, New York State's Attorney General Barbara Underwood, one of the critics of the FCC's process, issued a subpoena to over a dozen advocacy groups on both sides of the net neutrality debate to determine if they had a role in the massive number of fraudulent comments left at the FCC's system. Other states, as well as the Federal Bureau of Investigation, have issued similar subpeonas on the commenting period.
Both The New York Times and BuzzFeed had filed Freedom of Information Act (FOIA) requests to the FCC to gain information on the IP addresses used in the public comment period. The FCC denied the requests in December 2018 citing that releasing this information would leave the US vulnerable to a cyberattack, and Pai wrote in an attached statement that at least 500,000 of the comments were tied to Russian addresses, interfering in the process and trying to swing the public opinion in favor of keeping the Obama-era net neutrality rules.
A separate FOIA request was made by The New York Times as well as the website Gizmodo for records pertaining the API key logs fro the ECFS, which were granted after journalists from the works filed suit against the FCC's initial denial. Data analysis led by The New York Times and Gizmodo to review the logs against those of the duplicated comments. They concluded that the duplicated comments were coming from submissions through the API assigned to CQ Roll Call, which does offer advocacy software to clients for this purpose. Gizmodo found the comments tied to the name of those that had signed the May 2017 open letter to the FCC, matching this pattern. Separately, Gizmodo found the language of the duplicated comments shares many similarities with statements made by the Center for Individual Freedom (CFIF), which had been outspoken against net neutrality of the page. Due to these investigations, CQ Roll Call, CFIF, and several other advocacy groups with access to CQ Roll Call's had been called for questionin within the New York State case against the FCC.
States' legal challenge (2018-present)
Within minutes after the FCC vote on December 14, 2017, New York Attorney General Eric Schneiderman announced his intent to lead a multi-state lawsuit against the FCC to "stop illegal rollback of net neutrality". Washington Attorney General Bob Ferguson also stated his intent to sue.
Twenty-two states and the District of Columbia, led by New York's Schneiderman, filed a formal suit in the United States Court of Appeals for the District of Columbia Circuit against the FCC's ruling on January 16, 2018, calling it "arbitrary, capricious, and an abuse of discretion", and that the FCC mis-classified Internet access as a Title I service rather than Title II due to a "an erroneous and unreasonable interpretation" of laws around communication services. The initial filing was withdrawn in early February 2018 only due to the fact that the FCC's ruling had not yet been published within the Federal Register. Once the new FCC rules were published in February 2018, the states, District of Columbia, joined by the Mozilla Foundation and Vimeo, and several other state and local entities and advocacy groups, refiled the suit on February 22, 2018. The FCC issued its defense on October 12, 2018, requesting the Court to reject the lawsuit, as the lawsuit filed brings "no substantial reason to second-guess the commission’s decision to eliminate rules that the agency has determined are both unlawful and unwise". Initial court hearings were held on February 1, 2019. The FCC has requested a rescheduling of the hearings due to lack of resources created by the ongoing shutdown of the government, but this request was denied by the D.C. District Court. At the hearing before three judges, the states challenging the FCC not only discussed the issues related to net neutrality, but also charged the FCC with selectively review the public comments to come to its decision, thus "failed in its responsibility to engage in reasoned decision-making". ISPs argued the need to have an unregulated approach to providing high-quality services to their users, and that they would not be able to offer anything less than the full Internet to users given the competitive landscape.
US Senate vote (2018)
In January 2018, fifty United States senators had endorsed legislative action under the Congressional Review Act (CRA) to reverse the repeal of Title II net neutrality. While the effort was pushed by Democratic Senators, they had also gained support of three Republican Senators, Susan Collins, Lisa Murkowski, and John Kennedy. The motion to restore net neutrality passed in the Senate on May 16, 2018.
However, efforts for the House of Representatives to pass similar legislative action through the CRA had stalled; Democratic Representatives had attempted to gain sufficient signatures for a discharge petition to force the vote on the matter, but by June 2018, were still 46 signatures short, principally along partisan lines. While the revised FCC order repealing net neutrality has become official as of June 11, 2018, it had possible for the House to take action to reverse the decision, but even with CRA passage, the action would have to be signed into law by the President. However, the Congressional term ended before the House of Representatives could act, preventing the CRA challenge.
Save the Internet Act (2019)
Democratic Senators and Representatives presented the Save the Internet Act in both Houses of Congress in early March 2019. The Act, if passed, would rescind the 2017 FCC order to repeal the 2015 Open Internet Order, codify the 2015 Open Internet Order into law, and prevent the FCC from making any similar changes baring any further change in law. Republican lawmakers indicated they felt this was too extreme and were unlikely to give support to the bill. The bill cleared the House on a 232-190 vote on April 10, 2019, but both leaders in the Republican-controlled Senate and President Trump have indicated they would stop the bill's passage.
California net neutrality law (2018)
While various states have enacted versions of net neutrality laws, these mostly have been working within the established parameters set by the FCC. In the FCC's rollback, the ruling includes language that asserts states do not have authority to override the FCC decision. Legal experts believe this clause to be flawed and would allow states to still override the FCC's decision on net neutrality, as the language divests the FCC from regulating broadband carriers, and thus would disallow them from preventing states from regulating them.
California had been working since 2015 to implement a stronger form of net neutrality than the previous 2015 FCC decision, including provisions that the FCC had not included in the 2015 language. Following the FCC's revoking of the prior net neutrality language, California's legislature has been working to push this into law, and by September 2018, Governor Jerry Brown signed into law SB 822, which is scheduled to go into effect on January 1, 2019. On the same day as it was signed, the US Department of Justice sued the state of California to stop the law, arguing that Congress granted the FCC the sole authority to create rules for broadband internet providers. A few days later, four lobbying groups that represent the major United States terrestrial and mobile communication carriers, United States Telecom Association, CTIA, NCTA and the American Cable Association, also sued the state of California for similar reasons as the Justice Department, claiming that the state does not have authority to regulate Internet providers. The state and the FCC announced on October 26, 2018 that they have reached agreement for California to hold off the enforcement of the law until pending legal action over the FCC's decision.
Timeline of significant events
- January 12, 2003 – Law Professor Tim Wu coins phrase Net Neutrality while discussing “competing contents and applications.”
- June 27, 2005 – Supreme Court decides that “communications, content, and applications are allowed to pass freely over the Internet's broadband pipes.”
- September 1, 2007 – Comcast begins interfering with Bittorrent traffic on its network.
- January 9, 2008 – FCC investigates Comcast traffic policy and treatment of Bittorrent traffic.
- August 9, 2010 – Google and Verizon try to cut deal to make larger parts of internet to be exempt from protection from the net neutrality rules from the FCC.
- December 21, 2010 – FCC creates Open Internet Rules which “established high-level rules requiring transparency and prohibiting blocking and unreasonable discrimination to protect Internet openness.”
- September 23, 2011 – The Federal Register publishes the Open Internet Rules.
- January 14, 2014 – The ruling in Verizon Communications Inc. v. FCC (2014) vacates significant parts of Open Internet Order 2010.
- May 13, 2014 – FCC releases new proposal including new rules on allowing “fast lanes and slow lanes online.”
- June 13, 2014 – FCC investigates large companies such as Netflix for interconnection policies.
- July 15, 2014 – FCC opens up on Public Knowledge for public comments, received 1.1 million comments on the first day. Determined that "less than 1% of comments were clearly opposed to net neutrality."
- September 15, 2014 – FCC receives 3.7 million comments in total. “The FCC's server crashes again as millions more people, companies, and advocacy organizations weigh in on the open internet rules.”
- February 26, 2015 – FCC passes the Title II Net Neutrality Rules. “In a 3–2 party-line vote, the FCC passes open internet rules applying to both wired and wireless internet connections grounded in Title II authority.”
- June 12, 2015 – Net neutrality rules go into effect.
- June 14, 2016 – New rules are upheld by the United States Court of Appeals for the District of Columbia Circuit.
- January 23, 2017 – President Trump names Ajit Pai as new FCC chairman.
- April 26, 2017 – FCC Chairman Ajit Pai announces plan to reverse Title II regulations.
- May 1, 2017 – A U.S. appeals court declined to reconsider a rehearing of the FCC's net neutrality case.
- May 18, 2017 – The FCC voted 2–1 to start rolling back net neutrality regulations; this vote marked the beginning of a lengthy process required to modify the existing rules, and it did not actually change said rules.
- June 6, 2017 – Amazon, Reddit, Netflix and many other internet organizations announce that they will hold a simultaneous "Day of Action to Save Net Neutrality" on July 12 in a final attempt to convince the Republican-controlled FCC to keep the current net neutrality rules.
- July 12, 2017 – The net neutrality 'day of action' occurred, involving many major companies and the original founder of the Web, Tim Berners-Lee.
- July 17, 2017 – Comment Date for "Restoring Internet freedom" NPRM.
- August 30, 2017 – Reply Comment Date for "Restoring Internet freedom" NPRM.
- November 21, 2017 – FCC chairman Ajit Pai unveils plans to repeal the net neutrality policy in the United States. The five person FCC vote for repeal is scheduled for December 14, 2017.
- December 14, 2017 – The FCC votes 3 to 2, along party lines, in favor of reversing Title II regulations.
- February 22, 2018—The "Restoring Internet Freedom" ruling was published in the Federal Register, giving opponents of the FCC's decision 60 legislative days from that date to nullify it under the Congressional Review Act (CRA).
- May 16, 2018 – The US Senate passes CRA resolution on a 52-47 vote in an attempt to stop the repeal from going forward.
- June 11, 2018 – With the US House of Representatives failing to act under the CRA, the repeal of the FCC's rules took effect.
- September 30, 2018 - California passed regulations for Net Neutrality protections. The Trump administration swiftly filed a lawsuit stating that the regulations "interfere with the federal government's approach to the Internet"
- June 25, 2019 - Maine governor signs net neutrality bill. Bill states that internet service providers can only receive state funding if they "agree to provide net neutral service" 
Many broadband operators imposed various contractual limits on the activities of their subscribers. In the best known examples, Cox Cable disciplined users of virtual private networks (VPNs) and AT&T, as a cable operator, warned customers that using a Wi-Fi service for home networking constituted "theft of service" and a federal crime. Comcast blocked ports of VPNs, forcing the state of Washington, for example, to contract with telecommunications providers to ensure that its employees had access to unimpeded broadband for telecommuting applications. Other broadband providers proposed to start charging service and content providers in return for higher levels of service (higher network priority, faster or more predictable), creating what is known as a tiered Internet.
In 2005, North Carolina ISP Madison River Communications blocked the voice-over-internet protocol (VOIP) service Vonage. The FCC issued a Letter of Inquiry to Madison River, initiating an investigation. To avoid litigation, Madison River agreed to make a voluntary payment of fifteen thousand dollars and agreed to not block ports used for VoIP applications or otherwise prevent customers from using VoIP applications. According to the consent decree, "The Parties agree that this Consent Decree does not constitute either an adjudication on the merits or a factual or legal finding regarding any compliance or noncompliance with the requirements of the Act and the Commission’s orders and rules. The Parties agree that this Consent Decree is for settlement purposes only."
In September 2012, a group of public interest organizations such as Free Press, Public Knowledge and the New America Foundation's Open Technology Institute filed a complaint with the FCC that AT&T was violating net neutrality rules by restricting use of Apple's video-conferencing application FaceTime on cellular networks to those who have a shared data plan on AT&T, excluding those with older, unlimited or tiered data plans. The FCC response noted that "Although this report does not attempt to engage in any legal interpretations of the Open Internet Order, we do note that the Order treats these mobile broadband networks differently from traditional fixed networks. While both fixed and mobile broadband providers must disclose their management practices, mobile broadband providers have greater latitude for blocking devices and applications (as long as they do not compete with the provider's own voice or video telephony services) and discriminating in how they serve traffic, in accordance with reasonable network-management practices."
Arguments associated with net neutrality regulations came into prominence in mid-2002 with nine different bills introduced on this issue between 2006 and 2013.
There has been extensive debate about whether net neutrality should be required by law in the United States. Debate over the issue predates the coining of the term. Advocates of net neutrality have raised concerns about the ability of broadband providers to use their last mile infrastructure to block Internet applications and content (e.g. websites, services, and protocols), and even to block out competitors. While opponents claim net neutrality regulations would deter investment into improving broadband infrastructure and try to fix something that isn't broken.
Support of net neutrality
Organizations that support net neutrality come from widely varied political backgrounds and include groups such as MoveOn.org, Free Press, Consumer Federation of America, AARP, American Library Association, Public Knowledge, the Media Access Project, the Christian Coalition, TechNet, the American Civil Liberties Union, the Electronic Frontier Foundation, Greenpeace, Tumblr, Kickstarter, Vimeo, Wikia, Mozilla Foundation, NEA. and others.
Prominent supporters of net neutrality include Vinton Cerf, co-inventor of the Internet Protocol; Tim Berners-Lee, creator of the World Wide Web; law professor Tim Wu; Netflix CEO Reed Hastings; Tumblr founder David Karp; Free Press President Craig Aaron; and Last Week Tonight host John Oliver, who created two full-length Last Week Tonight segments about the issue.
Outside of the US several countries have removed net neutrality protocols and have started double charging for delivering content (once to consumer and again to content providers). This equates to a toll being required for certain internet access, essentially limiting what is available to all people, in particular low income households.
Large already well established companies may not be hurt by the cost increase that providers such as Comcast intend to levy upon them, but it would permanently stifle small businesses and the internet's ability to encourage start-ups. Many have pointed out that sites such as Facebook, Google, and Amazon would not have been able to survive if net neutrality hadn't been in place. Concerns abound as to what kind of long term damage would be inflicted on future website innovations, including educational content such as MIT's OpenCourseWare which is a free website offering online video lectures to the public.
Barbara Stripling, the president of the American Library Association states: "School, public and college libraries rely upon the public availability of open, affordable Internet access for school homework assignments, distance learning classes, e-government services, licensed databases, job-training videos, medical and scientific research, and many other essential services, we must ensure the same quality access to online educational content as to entertainment and other commercial offerings."
Previously existing FCC rules do not prevent telecommunications companies from charging fees to certain content providers in exchange for preferential treatment (the so-called "fast lanes"). Neutrality advocates Tim Wu and Lawrence Lessig have argued that the FCC does have regulatory power over the matter, following from the must-carry precedent set in the Supreme Court case Turner Broadcasting v. Federal Communications Commission.
Net neutrality proponents argue that telecom companies seek to impose a tiered service model in order to control the pipeline and thereby remove competition, create artificial scarcity, and oblige subscribers to buy their otherwise noncompetitive services. Many believe net neutrality to be primarily important for the preservation of current internet freedoms; a lack of net neutrality would allow Internet service providers, such as Comcast, to extract payment from content providers like Netflix, and these charges would ultimately be passed on to consumers.
Civil rights organizations, such as the Color of Change, the National Hispanic Media Coalition, and more argue that net neutrality is also important for communities of color because it allows for them to tell their own stories and “organize for racial and social justice." Much of the mainstream media does not showcase these minority people, so these organizations believe that it is important to open the Internet into giving these people some sort of broadcast station. By doing so, their voices can be heard, because beforehand ISPs could “block unpopular speech and prevent dissident voices from speaking freely online." As a result, net neutrality has become a social controversy, not just a technological one.
In May 2014, some websites admitted to inserting code that slowed user access to their site from known FCC IP addresses, as a protest on the FCC's position on net neutrality.
On his show Last Week Tonight, Oliver took on the issue of net neutrality for the first time in 2014, in the show's first season. The episode went viral with 13 million views on YouTube and prompted 45,000 comments on the FCC website. At the 2016 Consumer Electronics Show, former FCC Chairman Tom Wheeler cited Oliver's episode as a turning point in the issue of net neutrality. “John Oliver took the ultimate arcane issue, Title II, and made it something that got people interested. And that’s good.” Oliver returned to the issue of net neutrality on his May 7, 2017, episode in response to Chairman Pai's promise to get rid of the regulation. He prompted viewers to once again comment on the FCC website by buying the domain gofccyourself.com, which garnered 1.6 million contributions.
Opposition to net neutrality
Opponents to net neutrality include FCC Commissioner Ajit Pai, the FreedomWorks Foundation, the Reason Foundation, multiple technology companies, VOIP pioneers Daniel Berninger and Jeff Pulver, Electronic Frontier Foundation founder John Perry Barlow. and Citizens Against Government Waste.
Prominent opponents also include Netscape founder and venture capitalist Marc Andreessen, co-inventor of the Internet Protocol Bob Kahn, PayPal founder and Facebook investor Peter Thiel, MIT Media Lab founder Nicholas Negroponte, Internet engineer and former Chief Technologist for the FCC David Farber, and Nobel Prize economist Gary Becker.
Organizations and companies that oppose net neutrality regulations include several major technology hardware companies, cable and telecommunications companies, hundreds of small internet service providers, various think tanks, several civil rights groups, and others.
Opponents argue that net neutrality would benefit industry lobbyists, and not consumers due to the potential of regulatory capture with policies that protect incumbent interests. Former hedge fund manager turned journalist Andy Kessler has argued, the threat of eminent domain against the telecommunication providers, instead of new legislation, is the best approach by forcing competition and better services. One print ad frames the Hands Off the Internet message in pro-consumer terms. "Net neutrality means consumers will be stuck paying more for their Internet access to cover the big online companies' share," the ad claims.
In November 2005, Edward Whitacre Jr., then chief executive officer of SBC Communications, stated "there's going to have to be some mechanism for these [Internet upstarts] who use these pipes to pay for the portion they're using", and that "The Internet can't be free in that sense, because we and the cable companies have made an investment," sparking a furious debate. SBC spokesman Michael Balmoris said that Whitacre was misinterpreted and his comments only referred to new tiered services. Net neutrality laws are generally opposed by the cable television and telephone industries.
Net neutrality opponents such as IBM, Intel, Juniper, Qualcomm, and Cisco claim that net neutrality would deter investment into broadband infrastructure, saying that "shifting to Title II means that instead of billions of broadband investment driving other sectors of the economy forward, any reduction in this spending will stifle growth across the entire economy. Title II is going to lead to a slowdown, if not a hold, in broadband build out, because if you don’t know that you can recover on your investment, you won’t make it." Others argue that the regulation is "a solution that won’t work to a problem that simply doesn’t exist".
Critics of net neutrality argue that data discrimination is desirable for reasons like guaranteeing quality of service. Bob Kahn, co-inventor of the Internet Protocol, called the term net neutrality a slogan and opposes establishing it, but he admits that he is against the fragmentation of the net whenever this becomes excluding to other participants. Vint Cerf, Kahn's co-founder of the Internet Protocol, explains the confusion over their positions on net neutrality, "There’s also some argument that says, well you have to treat every packet the same. That’s not what any of us said. Or you can’t charge more for more usage. We didn’t say that either."
Alternative FCC proposals
An alternate position was proposed in 2010 by then-FCC Commissioner Julius Genachowski, which would narrowly reclassify Internet access as a telecommunication service under Title Two of the Communications Act of 1934. It would apply only six common carrier rules under the legal principle of forbearance that would sufficiently prevent unreasonable discrimination and mandate reasonable net neutrality policies under the concept of common carriage. Incumbent ISP AT&T opposed the idea saying that common carrier regulations would "cram today's broadband Internet access providers into an ill-fitting 20th century regulatory silo" while Google supported the FCC proposal "In particular, the Third Way will promote legal certainty and regulatory predictability to spur investment, ensure that the Commission can fulfill the tremendous promise of the National Broadband Plan, and make it possible for the Commission to protect and serve all broadband users, including through meaningful enforcement".
In October 2014, after the initial proposal was shot down, the FCC began drafting a new proposal that would take a hybrid regulatory approach to the issue. Although this alternative has not yet been circulated, it is said to propose that there be a divide between "wholesale" and "retail" transactions. In order to illustrate clear rules that are grounded by law, reclassification of Title II of the Communications Act of 1934 will be involved as well as parts of Section 706 of the Telecommunications Act of 1996. Data being sent between content provider and ISPs will involve stricter regulations compared to transactions between ISP's and consumers, which will involve more lax parameters. Restrictions on offering a data fast lane will be enforced between content providers and ISPs to avoid unfair advantages. This hybrid proposal has become the most popular solution among the three options that FCC has reported. However, ISPs, such as AT&T who has already warned the public via tweet "any use of Title II would be problematic", are expected to dispute this solution. The official proposal was rumored to become public by the end of 2014.
Opinions cautioning against legislation
In 2006 Bram Cohen, the creator of BitTorrent, said "I most definitely do not want the Internet to become like television where there's actual censorship... however it is very difficult to actually create network neutrality laws which don't result in an absurdity, like making it so that ISPs can't drop spam or stop... attacks."
In June 2007, the US Federal Trade Commission (FTC) urged restraint with respect to new regulations proposed by net neutrality advocates, noting the "broadband industry is a relatively young and evolving one," and given no "significant market failure or demonstrated consumer harm from conduct by broadband providers" such regulations "may well have adverse effects on consumer welfare, despite the good intentions of their proponents." The FTC conclusions were questioned in Congress in September 2007, when Sen. Byron Dorgan, D-N.D., chairman of the Senate interstate commerce, trade and tourism subcommittee, told FTC Chairwoman Deborah Platt Majoras that he feared new services as groundbreaking as Google could not get started in a system with price discrimination.
In 2011 Aparna Watal, a legal officer at an Internet company named Attomic Labs, has put forward three points for resisting any urge "to react legislatively to the apparent regulatory crisis". Firstly, "contrary to the general opinion, the Comcast decision does not uproot the Commission's authority to regulate ISPs. Section 201(b) of the Act, which was cited as an argument by the Commission but not addressed by the Court on procedural grounds, could grant the Commission authority to regulate broadband Internet services where they render "charges, practices and regulations for, and in connection with" common carrier services unjust and unreasonable." Secondly, she suggests, it is "undesirable and premature to legislatively mandate network neutrality or for the Commission to adopt a paternalistic approach on the issue ... [as] there have been few overt incidents to date, and the costs of those incidents to consumers have been limited." She cites "prompt media attention and public backlash" as effective policing tools to prevent ISPs from throttling traffic. She suggests that it "would be more prudent to consider introducing modest consumer protection rules, such as requiring ISPs to disclose their network management practices and to allow for consumers to switch ISPs inexpensively, rather than introducing network neutrality laws." "While by regulating broadband services the commission is not directly regulating content and applications on the Internet", content will be affected by the reclassification. "The different layers of the Internet work in tandem with each other such that there is no possibility of throttling or improving one layer's performance without impacting the other layers. ... To let the Commission regulate broadband pipelines connecting to the Internet and disregard that it indirectly involves regulating the data that runs through them will lead to a complex, overlapping, and fractured regulatory landscape in the years to come."
As of 2006 the debate over "neutrality" did not yet capture some dimensions of the topic; for example, whether voice packets should get higher priority than packets carrying email or whether emergency services, mission-critical, or life-saving applications, such as tele-medicine, should get priority over spam.
Alternatives to cable and DSL
Cable companies have lobbied Congress for a federal preemption to ban states and municipalities from competing and thereby interfering with interstate commerce. However, there is current Supreme Court precedent for an exception to the Commerce Power of Congress for states as states going into business for their citizens.
In 2006 it was proposed that neither municipal wireless nor other technological solutions such as encryption, onion routing, or time-shifting DVR would be sufficient to render possible discrimination moot.
Utility company restrictions
EPB, the municipal utility serving Chattanooga, Tennessee, petitioned the FCC to allow them to deliver internet to communities outside of the 600-square mile area that they service. A similar petition was made by Wilson, North Carolina. According to FCC officials, some residents who lived just outside the service areas of the Chattanooga and Wilson utilities then had no broadband service available. One of the two February 26, 2015, rulings set aside those states' restrictions on municipal broadband, although legal challenges to the FCC's authority to do so were seen as likely.
Individual states have taken action to generally uphold net neutrality either through proposed legislation or through by requiring state agencies to establish contracts with Internet providers that offer net neutral-services. The status as of February 26, 2018, of executive orders and pending action at state levels is summarized as follows:
|Entity||Executive order||Suing the FCC||Other action||State bill number||Description||Current status|
|California||2018-01-16||2018-09-30||SB-822||California Internet Consumer Protection and Net Neutrality Act of 2018||Enforcement of law suspending pending result of states' legal case against FCC.|
|District of Columbia||2018-01-16|
|Kansas||2018-02-07||HB 2682||state contracts|
|Nebraska||2018-01-05||Legislative Bill 856||regulation|
|New Mexico||2018-01-16||2017-12-21||SB 39||regulation|
|New York||2018-01-24||2018-01-16||2018-01-03||S07175||state contracts|
|2018-01-03||S07183||state & local contracts|
|2017-12-22||S08882||state & local contracts|
|2018-01-18||A09057||state & local conracts|
|New York City||2018-01-22||request for information|
|North Carolina||2018-01-16||2018-01-11||draft legislation|
|Oregon||2018-01-16||2018-01-21||ballot initiative drive|
|Pennsylvania||2018-01-16||2018-01-26||possible executive order|
|2018-02-09||SB 1033||state & local contracts|
|Rhode Island||2018-01-16||2018-01-10||H 7076||state & local contracts|
|2018-01-11||S 2008||state & local contracts|
|South Dakota||2018-02-06||SB 195||state contracts|
|Tennessee||2018-01-23||SB 1756||state & local contracts|
|2018-01-23||HB 1755||state & local contracts|
|Vermont||2018-02-15||2018-01-16||2018-01-31||H.680||state contracts||Enforcement of law, and legal challenge of law voluntarily halted until completion of states' legal case against FCC.|
|Washington (state)||2018-01-16||2017-12-13||HB 2282||regulation|
|2018-01-17||SB 6446||state contracts|
- Associated Press (January 16, 2018), "Nearly two dozen attorneys general sue to block FCC's repeal of net neutrality rules", USA Today, retrieved February 12, 2018
- Attorneys general for 21 states and the District of Columbia (January 16, 2018), Protective Petition for Review, Case No. 18-1013 (PDF), Attorney General of the State of New York, retrieved February 1, 2018,
State of New York, State of California, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Iowa, Commonwealth of Kentucky, State of Maine, State of Maryland, Commonwealth of Massachusetts, State of Minnesota, State of Mississippi, State of New Mexico, State of North Carolina, State of Oregon, Commonwealth of Pennsylvania, State of Rhode Island, State of Vermont, Commonwealth of Virginia, State of Washington, and the District of Columbia Petitioners, v. Federal Communications Commission, and United States of America, Respondents.
- FCC Restoring Internet Freedom Order (2018): Declaratory ruling, report, and order in the matter of restoring Internet freedom (PDF), U.S. Federal Communications Commission, January 4, 2018, retrieved February 7, 2018
- Fight for the Future (2018), These states are fighting for net neutrality. Is yours one of them?, retrieved February 11, 2018
- Kang, Cecilia (January 11, 2018), "States Push Back After Net Neutrality Repeal", New York Times, retrieved February 12, 2018,
Lawmakers in at least six states, including California and New York, have introduced bills in recent weeks that would forbid internet providers to block or slow down sites or online services. Legislators in several other states, including North Carolina and Illinois, are weighing similar action. ... Bills have also been introduced in Massachusetts, Nebraska, Rhode Island and Washington.
- Gilroy, Angele A. (April 15, 2019). The Net Neutrality Debate: Access to Broadband Networks (PDF). Washington, DC: Congressional Research Service. Retrieved May 1, 2019.
- Lohr, Steve (March 30, 2017). "Net Neutrality Is Trump's Next Target, Administration Says". The New York Times. Retrieved March 31, 2017.
- Wyatt, Edward (April 8, 2011). "House Votes Against 'Net Neutrality". The New York Times. Retrieved September 23, 2011.
- The Net Neutrality Repeal Is Official, Keith Collins, New York Times, June 11, 2018
- "Appropriate Framework for Broadband Access to the Internet over Wireline Facilities" (PDF). Federal Communications Commission. Retrieved 23 February 2018.
- "Bill Text – 109th Congress (2005–2006) – THOMAS (Library of Congress)". loc.gov. Retrieved February 26, 2015.
- Dolasia, Merra (February 12, 2014). "The Debate about Net Neutrality and Why We Should Care". DOGO News.
- Hern, Alex (November 22, 2017). "Net neutrality: why are Americans so worried about it being scrapped?". Guardian News and Media Limited. Archived from the original on November 25, 2017. Retrieved November 27, 2017.
In the US, much of the population has essentially no choice over who to buy broadband from, with local monopolies enshrined in law and a nationwide duopoly providing access to high-speed connections for three quarters of the nation.
- Thierer, Adam (December 21, 2010) Who'll Really Benefit from Net Neutrality Regulation?, CBS News
- "The Fear-Based Campaign to Control the Net". Reason Foundation. May 4, 2017. Retrieved December 24, 2017.
- "Notice of Proposed Rulemaking FCC-14-61" (PDF). Federal Communications Commission. Retrieved May 19, 2018.
- Staff (February 26, 2015). "FCC Adopts Strong, Sustainable Rules To Protect The Open Internet" (PDF). Federal Communications Commission. Retrieved February 26, 2015.
- Weisman, Jonathan (February 24, 2015). "As Republicans Concede, F.C.C. Is Expected to Enforce Net Neutrality". The New York Times. CNBC. Retrieved February 24, 2015.
- Lohr, Steve (February 25, 2015). "The Push for Net Neutrality Arose From Lack of Choice". The New York Times. Retrieved February 25, 2015.
- Reisinger, Don (April 13, 2015). "Net neutrality rules get published – let the lawsuits begin". CNET. Retrieved April 13, 2015.
- Federal Communications Commission (April 13, 2015). "Protecting and Promoting the Open Internet – A Rule by the Federal Communications Commission on 04/13/2015". Federal Register. Retrieved April 13, 2015.
- "Open Internet - FCC.gov". fcc.gov. Federal Communications Commission.
- The Editorial Board (April 29, 2017). "F.C.C. Invokes Internet Freedom While Trying to Kill It". The New York Times. Retrieved April 29, 2017.
- Reardon, Marguerite (May 2, 2017). "Net neutrality redux: The battle for an open net continues – The Republican-led FCC is starting to roll back net neutrality rules. Here's what you need to know". CNET. Retrieved May 2, 2017.
- "Public Comments to the Federal Communications Commission About Net Neutrality Contain Many Inaccuracies and Duplicates". Pew Research Center: Internet, Science & Tech. November 29, 2017. Retrieved March 31, 2018.
- Schneiderman, Eric (November 21, 2017). "An Open Letter to the FCC:". Eric Schneiderman. Retrieved March 31, 2018.
- "Restoring Internet Freedom". Federal Communications Commission. Retrieved December 12, 2018.
- "FCC Restoring Internet Freedom Docket | Emprata". www.emprata.com. Retrieved March 31, 2018.
- Fung, Brian (December 14, 2017). "The FCC just voted to repeal its net neutrality rules, in a sweeping act of deregulation". The Washington Post. ISSN 0190-8286. Retrieved December 14, 2017.
- Newcomb, Alyssa; Kent, Jo Ling (December 14, 2017). "The FCC just scrapped rules regulating equal access to the internet". NBC News. Retrieved December 14, 2017.
- "FCC ACTS TO RESTORE INTERNET FREEDOM" (PDF) (Press release). Federal Communications Commission. December 14, 2017. Retrieved December 14, 2017.
- Brodkin, Jon (January 4, 2018), FCC releases final net neutrality repeal order, three weeks after vote: With repeal officially published, FCC will soon face lawsuits., Ars Technica, retrieved January 5, 2018
- "FCC Releases Restoring Internet Freedom Order". Federal Communications Commission. January 4, 2018. Retrieved March 2, 2018.
- Kang, Cecilia (2018). "Flurry of Lawsuits Filed to Fight Repeal of Net Neutrality". The New York Times. ISSN 0362-4331. Retrieved March 31, 2018.
- "FCC admits it was never actually hacked". TechCrunch. Retrieved August 7, 2018.
- Mark S. Fowler and Daniel L. Brenner, A Marketplace Approach to Broadcast Regulation, 60 Texas L. Rev. 207 (1982) Archived January 14, 2005, at the Wayback Machine is the definitive statement of this by the FCC chairman at the time, but this theory has been worked out extensively since.
- "Remarks as Delivered". Artcontext. January 11, 1994. Retrieved January 14, 2014.
- Jan Krämer, Lukas Wiewiorra, Christof Weinhardt, Net Neutrality in the United States and Europe, CPI Antitrust Chronicle, March 2012(2)
- Powell, Michael (February 8, 2004). "Preserving Internet Freedom: Guiding Principles for the Industry" (PDF). Retrieved July 7, 2006.
- "In the Matter of Madison River Communications, LLC and affiliated companies" (PDF). Consent Decree DA 05-543. FCC. 2005. Retrieved April 30, 2014.
- "Archived copy". Archived from the original on February 13, 2018. Retrieved April 22, 2019.CS1 maint: Archived copy as title (link)
- United States Court of Appeals. "No. 00-1012" (PDF).
- Federal Communications Commission (August 5, 2005). "New Principles Preserve and Promote the Open and Interconnected Nature of Public Internet" (PDF). Retrieved July 7, 2006.
- "Before the Federal Communications Commission" (PDF). Federal Communications Commission. Retrieved January 14, 2014.
- Isenberg, David (August 7, 2005). "How Martin's FCC is different from Powell's". Retrieved July 7, 2006.
- "Policy statement" (PDF). Federal Communications Commission. Retrieved August 26, 2009.
- "Re : Notice of Ex Parte Communication in the Matter of Review of AT&T Inc . and BellSouth Corp Application For Consent to Transfer of Control, WC Docket No. 06-74" (PDF). Federal Communications Commissions. December 28, 2006. Retrieved January 14, 2014.
- Cheng, Jacqui (October 19, 2007). "Evidence mounts that comcast is targeting Bittorrent Traffic". Ars Technica. Condé Nast. Retrieved November 15, 2014.
- Ernesto (August 17, 2007). "Comcast Throttles BitTorrent Traffic, Seeding Impossible". TorrentFreak. TorrentFreak BV. Retrieved May 2, 2015.
- "EFF tests agree with AP: Comcast is forging packets to interfere with user traffic". Electronic Frontier Foundation. October 19, 2007. Retrieved December 1, 2017.
- "The Associated Press: Comcast Blocks Some Internet Traffic". October 21, 2007. Archived from the original on October 21, 2007. Retrieved December 1, 2017.CS1 maint: BOT: original-url status unknown (link)
- Kumar, Vishesh (March 27, 2008). "Comcast, BitTorrent reached an agreement to work together on network traffic". Wall Street Journal.
- Duncan, Geoff (December 23, 2009). "Comcast to Pay $16 Million for Blocking P2P Applications". Digital Trends. Retrieved December 23, 2009.
- Cheng, Jacqui (December 22, 2009). "Comcast settles P2P throttling class-action for $16 million". Ars Technica. Condé Nast. Retrieved December 23, 2009.
- "THE FCC TACKLES NET NEUTRALITY: AGENCY JURISDICTION AND THE COMCAST ORDER". Berkley Technology Law Journal. Retrieved January 14, 2014.
- "Toy-safety bill advances, No to Internet rationing". The Week. August 8, 2008. Retrieved March 4, 2009.
- Kathleen Ann Ruane (February 20, 2009). "Net Neutrality: The Federal Communications Commission's Authority to Enforce its Network Management Principles" (PDF). Retrieved March 9, 2009.
- Hansell, Saul (August 2, 2008). "F.C.C. Vote Sets Precedent on Unfettered Web Usage". The New York Times.
- "VOIP over cellular connections".
- Nate Anderson (September 21, 2009). "FCC Chairman wants network neutrality, wired and wireless". Retrieved October 6, 2009.
- Tim Greene (October 22, 2009). "FAQ: What's the FCC vote on net neutrality all about?". Archived from the original on June 17, 2013.
- Gross, Grant (April 6, 2010). "Court rules against FCC's Comcast net neutrality decision". Reuters. Retrieved March 15, 2011.
- McCullagh, Declan (April 6, 2010). "Court: FCC has no power to regulate Net neutrality". CNET.
- Ann Ruane, Kathleen (April 29, 2013). "The FCC's Authority to Regulate Net Neutrality After Comcast v. FCC" (PDF). Congressional Research Service. Retrieved October 19, 2013.
- Matthew Lasar (May 5, 2010). "FCC on net neutrality: yes we can". arstechnica.com. Condé Nast. Retrieved May 6, 2010.
- "FCC says will act on Web neutrality if needed". Reuters. February 25, 2008.
- "Google Intends to Bid in Spectrum Auction If FCC Adopts Consumer Choice and Competition Requirements". Retrieved August 26, 2009.
- "FCC sets 700 MHz auction rules: limited open access, no wholesale requirement". July 2007. Retrieved August 26, 2009.
- Gustin, Sam (December 21, 2010). "FCC Passes Compromise Net Neutrality Rules". Wired.
- Bartash, Jeffry (December 22, 2010). "FCC adopts web rules". MarketWatch. Archived from the original on July 17, 2011. Retrieved December 22, 2010.
- "FCC Adopts Net Neutrality Rules". Care2.com. December 21, 2010. Retrieved January 14, 2014.
- Kang, Cecilia (December 22, 2010). "FCC Approves Net-Neutrality Rules; Criticism is Immediate". The Washington Post. Archived from the original on September 5, 2017. Retrieved September 23, 2011.
- "Full text of decision" (PDF). USCourts.gov. Retrieved November 21, 2017.
- "Correction" (PDF). USCourts.gov. Retrieved November 21, 2017.
- Robertson, Adi. "Federal court strikes down FCC net neutrality rules". The Verge. Retrieved January 14, 2014.
- Brodkin, Jon. "Net neutrality is half-dead: Court strikes down FCC's anti-blocking rule". Retrieved January 14, 2014.
- Berkman, Fran (May 20, 2014). "Title II is the key to net neutrality—so what is it?". The Daily Dot. Retrieved November 13, 2014.
- Wyatt, Edward (November 10, 2014). "Obama Asks F.C.C. to Adopt Tough Net Neutrality Rules". The New York Times. Retrieved November 13, 2014.
- Krishnan, S. Shunmuga; Sitaraman, Ramesh K. (November 2012). "Video Stream Quality Impacts Viewer Behavior" (PDF). University of Massachusetts. Retrieved February 28, 2015.
- Nancy Weil (February 19, 2014). "FCC will set new net neutrality rules". Computerworld. Retrieved February 26, 2015.
- Wyatt, Edward (April 23, 2014). "F.C.C., in 'Net Neutrality' Turnaround, Plans to Allow Fast Lane". The New York Times. Retrieved April 23, 2014.
- Staff (April 24, 2014). "Creating a Two-Speed Internet". The New York Times. Retrieved April 25, 2014.
- Carr, David (May 11, 2014). "Warnings Along F.C.C.'s Fast Lane". The New York Times. Retrieved May 11, 2014.
- Wyatt, Edward (April 23, 2014), In Policy Shift, F.C.C. Will Allow a Web Fast Lane, Washington, DC, retrieved April 23, 2014
- Nagesh, Gautham (April 23, 2014), FCC to Propose New 'Net Neutrality' Rules: Proposal Would Allow Broadband Providers to Give Preferential Treatment to Some Traffic, Washington, DC: Wall Street Journal, retrieved April 23, 2014
- Wyatt, Edward (April 23, 2014). "F.C.C., in a shift, backs fast lanes for web traffic". The New York Times. Retrieved May 8, 2014.
- Hattem, Julian (April 25, 2014). "NYT blasts net neutrality proposal". The Hill. Retrieved May 8, 2014.
- Gustin, Sam (May 7, 2014). "Net Neutrality: FCC Boss Smacked by Tech Giants, Internal Dissent". TIME. Retrieved May 8, 2014.
- Nagesh, Gautham (May 7, 2014). "Internet Companies, Two FCC Commissioners Disagree With Proposed Broadband Regulations". Wall Street Journal. Retrieved May 8, 2014.
- Edwards, Haley Sweetland (May 15, 2014). "FCC Votes to Move Forward on Internet 'Fast Lane'". Time. Retrieved May 20, 2014.
- Staff (May 15, 2014). "Searching for Fairness on the Internet". The New York Times. Retrieved May 15, 2014.
- Wyatt, Edward (May 15, 2014). "F.C.C. Backs Opening Net Rules for Debate". The New York Times. Retrieved May 15, 2014.
- Hu, Elise (July 21, 2014). "1 Million Net Neutrality Comments Filed, But Will They Matter?". National Public Radio. Retrieved July 23, 2014.
- "NetFlix comments to FCC, page 17, Sept 16th 2014".
- "Vimeo Open Letter to FCC, page 11, July 15th 2014" (PDF).
- "Patience is a Network Effect, by Nicholas Carr, Nov 2012".
- "NPR Morning Edition: In Video-Streaming Rat Race, Fast is Never Fast Enough, October 2012". Retrieved July 3, 2014.
- Christopher Muther (February 2, 2013). "Instant gratification is making us perpetually impatient". Boston Globe. Retrieved July 3, 2014.
- Rose Eveleth (September 10, 2014). "Why Netflix Is 'Slowing Down' Its Website Today". The Atlantic. Retrieved February 26, 2015.
- Fight for the Future. "Join the Battle for Net Neutrality". Battle for the Net. Retrieved February 26, 2015.
- Samuel Gibbs. "Battle for the net: why is my internet slow today?". the Guardian. Retrieved February 26, 2015.
- The Christian Science Monitor. "Internet Slowdown Day: Why websites feel sluggish today (+video)". The Christian Science Monitor. Retrieved February 26, 2015.
- Sharon Gaudin (September 10, 2014). "Internet Slowdown Day becomes an online picket protest". Computerworld. Retrieved February 26, 2015.
- M.H. (September 10, 2014). "Net neutrality: Faux go-slow". The Economist. Retrieved February 26, 2015.
- Wyatt, Edward (November 10, 2014). "Obama Asks F.C.C. to Adopt Tough Net Neutrality Rules". The New York Times. Retrieved November 15, 2014.
- NYT Editorial Board (November 14, 2014). "Why the F.C.C. Should Heed President Obama on Internet Regulation". The New York Times. Retrieved November 15, 2014.
- Sepulveda, Ambassador Daniel A. (January 21, 2015). "The World Is Watching Our Net Neutrality Debate, So Let's Get It Right". Wired. Retrieved January 20, 2015.
- Trump, Donald [@realDonaldTrump] (November 12, 2014). "Obama's attack on the internet is another top down power grab. Net neutrality is the Fairness Doctrine. Will target conservative media" (Tweet). Retrieved December 7, 2017 – via Twitter.
- For a more recent commentary on this, see Snider, Mike (November 23, 2016), "Net neutrality, beloved by Netflix, looks headed for the ax under Trump", USA Today, retrieved December 7, 2017
- Weisman, Jonathan (January 19, 2015). "Shifting Politics of Net Neutrality Debate Ahead of F.C.C.Vote". The New York Times. Retrieved January 20, 2015.
- Staff (January 16, 2015). "H. R. _ 114th Congress, 1st Session [Discussion Draft] – To amend the Communications Act of 1934 to ensure Internet openness..." (PDF). U. S. Congress. Retrieved January 20, 2015.
- Lohr, Steve (February 2, 2015). "In Net Neutrality Push, F.C.C. Is Expected to Propose Regulating Internet Service as a Utility". The New York Times. Retrieved February 2, 2015.
- Lohr, Steve (February 2, 2015). "F.C.C. Chief Wants to Override State Laws Curbing Community Net Services". The New York Times. Retrieved February 2, 2015.
- Flaherty, Anne (January 31, 2015). "Just whose Internet is it? New federal rules may answer that". Associated Press. Archived from the original on February 1, 2015. Retrieved January 31, 2015.
- Fung, Brian (January 2, 2015). "Get ready: The FCC says it will vote on net neutrality in February". Washington Post. Retrieved January 2, 2015.
- Staff (January 2, 2015). "FCC to vote next month on net neutrality rules". Associated Press. Archived from the original on January 3, 2015. Retrieved January 2, 2015.
- Lohr, Steve (February 4, 2015). "F.C.C. Plans Strong Hand to Regulate the Internet". The New York Times. Retrieved February 5, 2015.
- Wheeler, Tom (February 4, 2015). "FCC Chairman Tom Wheeler: This Is How We Will Ensure Net Neutrality". Wired. Retrieved February 5, 2015.
- The Editorial Board (February 6, 2015). "Courage and Good Sense at the F.C.C. – Net Neutrality's Wise New Rules". The New York Times. Retrieved February 6, 2015.
- Ruiz, Rebecca R.; Lohr, Steve (February 26, 2015). "In Net Neutrality Victory, F.C.C. Classifies Broadband Internet Service as a Public Utility". The New York Times. Retrieved February 26, 2015.
- Flaherty, Anne (February 25, 2015). "FACT CHECK: Talking heads skew 'net neutrality' debate". Associated Press. Retrieved February 26, 2015.
- Gross, Grant (February 26, 2015). "FCC votes to overturn state laws limiting municipal broadband". CIO Magazine. IDG News Service. Retrieved February 28, 2015.
- Liebelson, Dana (February 26, 2015). "Net Neutrality Prevails in Historic FCC Vote". The Huffington Post. Retrieved February 27, 2015.
- "Sep 10th is the Internet Slowdown". Retrieved March 2, 2015.
- "Breaking: Grumpy Cat Soars over Comcast Headquarters to say "Don't Mess With The Internet"". Retrieved March 2, 2015.
- "Save The Internet". Archived from the original on March 2, 2015. Retrieved March 2, 2015.
- "Epic Victory at the FCC". Retrieved March 2, 2015.
- Ruiz, Rebecca R. (March 12, 2015). "F.C.C. Sets Net Neutrality Rules". The New York Times. Retrieved March 13, 2015.
- Sommer, Jeff (March 12, 2015). "What the Net Neutrality Rules Say". The New York Times. Retrieved March 13, 2015.
- FCC Staff (March 12, 2015). "Federal Communications Commission – FCC 15–24 – In the Matter of Protecting and Promoting the Open Internet – GN Docket No. 14-28 – Report and Order on Remand, Declaratory Ruling, and Order" (PDF). Federal Communications Commission. Retrieved March 13, 2015.
- Shepardson, David (December 4, 2015). "U.S. appeals court hears challenge to net neutrality rules". Reuters. Retrieved October 26, 2018.
- Kang, Cecelia (June 15, 2016). "Court Backs Rules Treating Internet as Utility, Not Luxury". The New York Times. Retrieved October 26, 2018.
- Howe, Amy (November 5, 2018). "Divided court denies review in "net neutrality" cases". SCOTUSblog. Retrieved November 5, 2018.
- Brodkin, Jon (November 5, 2018). "Supreme Court rejects industry challenge of 2015 net neutrality rules". Ars Technica. Retrieved November 5, 2018.
- Pai, Ajit (2017), Pai, Ajit (ed.), Ajit Pai, FCC Chairman, U.S. Federal Communications Commission, retrieved January 29, 2018
- "Ajit Pai on net neutrality: "I favor an open Internet and I oppose Title II"". Ars Technica. Retrieved March 21, 2017.
- Kang, Cecila. "Trump's F.C.C. Pick Quickly Targets Net Neutrality Rules". The New York Times. Retrieved March 21, 2017.
- Selyukh, Alina, David Greene (May 5, 2017). "FCC Chief Makes Case For Tackling Net Neutrality Violations 'After The Fact'". NPR. Retrieved May 26, 2017.
- "FCC chair wants to replace net neutrality with "voluntary" commitments". Ars Technica. Retrieved April 10, 2017.
- "Ajit Pai's net neutrality plan is nonsense". The Verge. Retrieved April 10, 2017.
- Restoring Internet freedom (PDF), WC Docket No. 17-108, Federal Communications Commission, retrieved July 26, 2017
- Fiegerman, Seth (May 18, 2017). "FCC votes to move forward with net neutrality rollback". CNN Tech. Retrieved May 26, 2017.
- Pai, Ajit; Clyburn, Mignon L.; O'Rielly, Michael (May 17, 2017), "Restoring Internet Freedom with comments from commissioners" (PDF), WC Docket No. 17-108 (Notice of proposed rulemaking), Federal Communications Commission of the United States government, retrieved June 11, 2017
- Singer, Hal (March 1, 2017), 2016 Broadband Capex Survey: Tracking Investment in the Title II Era, Hal Singer, retrieved July 28, 2017
- Editorial Board (April 29, 2017), F.C.C. Invokes Internet Freedom While Trying to Kill It, The New York Times, retrieved July 28, 2017
- See also Crawford, Susan P. (April 27, 2017), Ajit Pai is siding with the oligarchy -- and misleading Trump's base, Wired, retrieved July 28, 2017
- Clyburn, Mignon L. (May 18, 2017), Pai, Ajit; O'Rielly, Michael (eds.), "Dissenting statement of Commissioner Mignon L. Clyburn to Restoring Internet freedom" (PDF), WC Docket No. 17-108, U.S. Federal Communications Commission, pp. 67–68, retrieved July 28, 2017
- Falcon, Ernesto Omar, Ernesto Falcon, Legislative Council, Electronic Frontier Foundation, retrieved July 28, 2017
- Graves, Spencer B.; Falcon, Ernesto (July 25, 2017), $15 minimum wage on Aug. 8 ballot in KCMO plus Trump’s attack on net neutrality, KKFI, retrieved July 28, 2017
- Turner, S. Derek (May 2017), It’s Working: How the Internet Access and Online Video Markets Are Thriving in the Title II Era (PDF), Free Press, retrieved July 28, 2017
- See Turner (2017) and the summary of it in Table 1 in Friends of Community Media Reply Comment in Opposition to Restoring Internet Freedom NPRM, U.S. Federal Communications Commission, August 30, 2017, retrieved August 31, 2017
- "Startups for Net Neutrality". Engine. Retrieved May 26, 2017.
- Kastrenakes, Jacob (May 24, 2017). "2.6 million comments in, the FCC has changed almost nothing about its net neutrality proposal". The Verge. Retrieved May 26, 2017.
- Lecher, Colin, Adi Robertson, and Russell Brandom (May 10, 2017). "Anti-net neutrality spammers are impersonating real people to flood FCC comments". The Verge. Retrieved May 26, 2017.
- Fung, Brian (May 18, 2017). "FCC votes to start rolling back landmark net neutrality rules". The Washington Post. Retrieved May 26, 2017.
- Greer, Evan (May 23, 2017), Comcast tries to censor pro-net neutrality website calling for investigation of fake FCC comments potentially funded by cable lobby, Fight for the Future, retrieved July 27, 2017
- McCauley, Lauren (May 23, 2017), 'You Can't Make This Up': Comcast Threatens Legal Action Against Net Neutrality Proponents, Common Dreams, retrieved July 27, 2017
- Layton, Roslyn (May 23, 2017), Fact And Fiction In 'Battle For The Net', retrieved July 27, 2017
- 'Battle for the Net': Web Guardians Announce Global Day of Action to Defeat Trump's FCC, Common Dreams, June 6, 2017, retrieved July 27, 2017
- Velasco, Haley (July 11, 2017). "Net Neutrality: What happened during the July 12 Internet-Wide Day of Action protest". PC World. Retrieved July 27, 2017.
- Sohn, Gigi (June 15, 2017), 4 steps to writing an impactful net neutrality comment (which you should do), Mashable, retrieved July 27, 2017
- "FCC chief plans to ditch U.S. 'net neutrality' rules". Reuters. November 22, 2017. Retrieved November 21, 2017.
- Cameron, Dell. "FCC Commissioner Blasts Her Own Agency for Withholding Evidence of Fraud". Gizmodo. Retrieved December 17, 2017.
- Jones, Rhett (December 10, 2017). "The Internet blackout for net neutrality is coming and you can help". Gizmodo. Retrieved December 12, 2017.
- Kang, Cecilia (November 21, 2017). "F.C.C. Plans Net Neutrality Repeal in a Victory for Telecoms". The New York Times. Retrieved November 21, 2017.
- Fung, Brian (November 21, 2017). "FCC plan would give Internet providers power to choose the sites customers see and use". Washington Post. Retrieved November 21, 2017.
- Snider, Mike (February 22, 2018). "22 states and DC are suing the FCC in last-ditch effort to preserve net neutrality". USA Today. Retrieved February 23, 2018.
- Finley, Klint (September 2, 2017). "FCC's Broken Comments System Could Help Doom Net Neutrality". Wired. Retrieved October 18, 2018.
- Cameron, Dell; Pretchel, Jason (February 21, 2019). "How an Investigation of Fake FCC Comments Snared a Prominent D.C. Media Firm". Gizmodo. Retrieved March 27, 2019.
- Naylor, Brian (December 14, 2017). "As FCC Prepares Net-Neutrality Vote, Study Finds Millions of Fake Comments". NPR. Retrieved October 18, 2018.
- Lecher, Colin (October 16, 2018). "Stanford study says almost every unique FCC comment was pro-net neutrality". The Verge. Retrieved October 18, 2018.
- Confessore, Nichalos (October 16, 2018). "New York Attorney General Expands Inquiry Into Net Neutrality Comments". The New York Times. Retrieved October 17, 2018.
- Collier, Kevin; Singer-Vine, Jeremy (December 8, 2018). "Millions Of Comments About The FCC's Net Neutrality Rules Were Fake. Now The Feds Are Investigating". Buzzfeed News. Retrieved December 8, 2018.
- Brimbaum, Emily (December 5, 2018). "FCC chairman acknowledges Russia interfered in net neutrality public comments". The Hill. Retrieved December 5, 2018.
- Brodkin, Jon (March 22, 2019). "FCC has to pay journalist $43,000 after hiding net neutrality records". Ars Technica. Retrieved March 27, 2019.
- Griswold, Alison (December 14, 2017). "The first lawsuit to save net neutrality was announced minutes after the FCC voted to repeal it". Quartz. Retrieved December 14, 2017.
- Lecher, Colin (January 16, 2018). "22 attorneys general sue to block net neutrality rollback". The Verge. Retrieved October 12, 2018.
- Shepherdson, David (February 22, 2018). "States refile lawsuits to block repeal of U.S. net neutrality". Reuters. Retrieved October 12, 2018.
- Shepherdson, David (October 12, 2018). "U.S. defends FCC's repeal of net neutrality rules". Reuters. Retrieved October 12, 2018.
- Brodkin, Jon (January 16, 2019). "FCC asks court for delay in case that could restore net neutrality rules". Ars Technica. Retrieved January 17, 2019.
- Neidig, Harper (January 17, 2019). "Court rejects FCC request to delay net neutrality case". The Hill. Retrieved January 17, 2019.
- Harris, Andrew; Shields, Todd (February 1, 2019). "Net Neutrality Advocates Seeking Rule Revival Get Day in Court". Bloomberg L.P. Retrieved February 1, 2019.
- Fung, Brian (January 15, 2018). "The Senate's push to overrule the FCC on net neutrality now has 50 votes, Democrats say". Washington Post. ISSN 0190-8286. Retrieved January 22, 2018.
- "Senator Markey Leads Resolution to Restore FCC's Net Neutrality Rules". December 14, 2017. Retrieved May 17, 2018.
- Barrett, Ted; Diaz, Daniella (May 16, 2018). "Senate passes measure repealing changes to net neutrality rules". CNN. Retrieved May 17, 2018.
- Hendal, John (May 16, 2018). "Senate Democrats win net neutrality showdown". Politico. Retrieved May 16, 2018.
- Brodkin, Jon (June 27, 2018). "Bill to save net neutrality is 46 votes short in US House". Ars Technica. Retrieved October 26, 2018.
- Welch, Andrew (October 1, 2018). "What is the Congressional Review Act, and how is it being used to try and save net neutrality?". The Daily Dot. Retrieved October 26, 2018.
- Kelly, Makena (March 6, 2019). "Democrats push new bill to write net neutrality into law, but can it pass?". The Verge. Retrieved March 6, 2019.
- Birnbaum, Emily (March 12, 2019). "GOP pushes back on net neutrality bill at testy hearing". The Hill. Retrieved March 15, 2019.
- Kelly, Makena (April 10, 2019). "House approves Save the Internet Act that would reinstate net neutrality". The Verge. Retrieved April 10, 2019.
- Bode, Karl (October 2, 2018). "Why feds can't block California's net neutrality bill". The Verge. Retrieved October 26, 2018.
- Kang, Cecilia (September 30, 2018). "Justice Department Sues to Stop California Net Neutrality Law". The New York Times. Retrieved October 3, 2018.
- Kelly, Makena (October 3, 2018). "Broadband industry groups sue California over net neutrality bill". The Verge. Retrieved October 3, 2018.
- Kelly, Makena (October 26, 2018). "California strikes deal with FCC to delay state net neutrality law". The Verge. Retrieved October 26, 2018.
- Tim Wu, "Network Neutrality, Broadband Discrimination", Columbia University Law School, 2003
- Art Brodsky, "Public Knowledge Statement Regarding NCTA v BrandX Internet", Public Knowledge, June 27, 2005.
- "Comcast Ordered to Stop BitTorrent Traffic Interference - TorrentFreak". TorrentFreak. July 11, 2008. Retrieved December 17, 2017.
- "Comcast really does block BitTorrent traffic after all". CNET. Retrieved December 17, 2017.
- Harold Feld, "Martin’s Big CES Announcement", Public Knowledge, January 9, 2008
- John Bergmayer, "There's only one internet", Public Knowledge, August 9, 2010
- Harold Feld, "Quick Guide Upcoming Net Neutrality Rules Challenge", Public Knowledge, September 23, 2011
- Michael Weinberg, "How the FCCs Proposed Fast Lanes Would Actually Work", Public Knowledge, May 13, 2014
- Sam Gustin, "Netflix Pays Verizon in Streaming Deal", Time, April 28, 2014
- Michael Weinberg, "Officially Explaining the Importance of an Open Internet", Public Knowledge, July 15, 2014
- Bob Lannon, Andrew Pendelton, "What can we learn from 800000 Public Comments on the FCCs net Neutrality Plan", Sunlight Foundation, September 2, 2014
- Wilhelm, Alex. "The FCC Received 3.7 Million Net Neutrality Comments". TechCrunch. Retrieved December 17, 2017.
- Michael Weinberg, "Landmark Day for Net Neutrality", Public Knowledge, September 15, 2014
- FCC.gov, "Open Internet", FCC,
- Alina Selyukh (June 14, 2016). "U.S. Appeals Court Upholds Net Neutrality Rules In Full". NPR.
- Fiegerman, Seth. "Trump names new FCC chairman". CNN Tech. Retrieved May 26, 2017.
- Kastrenakes, Jacob (April 26, 2017). "FCC announces plan to reverse Title II net neutrality". The Verge. Retrieved May 26, 2017.
- Harris, Andrew M., Todd Shields (May 1, 2017). "FCC Net Neutrality Case Rehearing Rejected by Appeals Court". Bloomberg Technology. Retrieved May 26, 2017.
- Roberts, Jeff John (June 6, 2017). "Amazon Just Changed the Net Neutrality Debate". Fortune. Retrieved June 8, 2017.
- "Major web companies and public interest groups announce Internet-Wide Day of Action to Save Net Neutrality". Fight For The Future. June 6, 2017. Retrieved June 8, 2017.
- "Join the Day of Action for Net Neutrality on July 12". Battle For The Net. Retrieved June 8, 2017.
- Fingas, Jon (June 6, 2017). "Amazon, ACLU back net neutrality 'day of action' on July 12th". Engadget. Retrieved June 8, 2017.
- Lecher, Colin. "Here's how the internet's net neutrality day of action is unfolding". The Verge. Retrieved July 12, 2017.
- Kang, Cecilia (December 14, 2017). "F.C.C. Repeals Net Neutrality Rules". The New York Times. ISSN 0362-4331. Retrieved December 14, 2017.
- "The FCC just killed net neutrality". The Verge. Retrieved December 14, 2017.
- Wong, Julie Carrie (May 16, 2018). "Net neutrality advocates gain symbolic win as Senate votes to save Obama rules". The Guardian. Retrieved May 19, 2018.
- Coldewey, Devin (May 16, 2018). "Senate votes to reverse FCC order and restore net neutrality". TechCrunch. Retrieved May 19, 2018.
- "Trump administration sues California over newly-signed net neutrality law". USA TODAY. Retrieved December 11, 2018.
- "Maine governor signs net neutrality bill". Maine Legislature. Retrieved June 26, 2019.
- NETWORK NEUTRALITY, BROADBAND DISCRIMINATION, Tim Wu Journal of Telecommunications and High Technology Law, Vol. 2, p. 141, 2003
- "NET NEUTRALITY: tiered internet". www.ocf.berkeley.edu. Retrieved December 17, 2017.
- Brian X. Chen (September 18, 2012). "Groups Prepare to Fight AT&T Over FaceTime Restrictions". The New York Times. Retrieved October 26, 2012.
- Federal Communications Commission (August 20, 2013). "AT&T/FaceTime Case Study" (PDF). Retrieved February 2, 2018.
- Lessig, L. 1999. Cyberspace’s Architectural Constitution, draft 1.1, Text of lecture given at www9, Amsterdam, Netherlands
- http://www.tiaonline.org/sites/default/files/pages/Internet_ecosystem_letter_FINAL_12.10.14.pdf[permanent dead link]
- Tribune, Chicago. "The Internet isn't broken. Obama doesn't need to 'fix' it".
- Crawford, Susan (April 28, 2014). "The Wire Next Time". The New York Times. Retrieved April 28, 2014.
- Broache, Anne (March 17, 2006). "Push for Net neutrality mandate grows". CNET News. Archived from the original on June 12, 2006. Retrieved July 9, 2006.
- "When it comes to protecting Internet freedom, the Christian Coalition and MoveOn respectfully agree" (PDF). Archived from the original (PDF) on December 12, 2006. Retrieved December 13, 2006.
- Sacco, Al (June 9, 2006). "U.S. House Shoots Down Net Neutrality Provision". CIO.com. Archived from the original on July 2, 2006. Retrieved July 9, 2006.
- "What Is Net Neutrality?". The American Civil Liberties Union. Retrieved February 28, 2015.
- "Team Internet". Fight for the Future. Retrieved February 28, 2015.
- "Open letter to the Committee on Energy and Commerce" (PDF). March 1, 2006. Archived from the original (PDF) on April 24, 2006. Retrieved December 26, 2008.
- Mitchell. "A Major Victory for the Open Web". The Mozilla Blog. Mozilla. Retrieved March 2, 2015.
- "What Net Neutrality Means for Students and Educators - NEA Today". NEA Today. March 11, 2015. Retrieved December 17, 2017.
- Chiaramonte, Perry (January 24, 2014). "Educators fear net neutrality reversal will increase cost of learning". Fox News.
- Davidson, Alan (November 8, 2005). "Vint Cerf speaks out on net neutrality". Blogspot.com. Retrieved January 25, 2013.
- Tim Berners-Lee (June 21, 2006). "Net Neutrality: This is serious". Computer Science and Artificial Intelligence Laboratory, the Decentralized Information Group. Archived from the original on July 20, 2011.
- Belvedere, Matthew J. (February 24, 2015). "Tumblr CEO: Net rules like Bill of Rights".
- "Net Neutrality: How Open-Internet Activists Won Big". NBC News.
- Tim Berners-Lee. "Net Neutrality: This is serious". Archived from the original on December 27, 2008.
- Neidig, Harper (December 12, 2017). "Poll: 83 percent of voters support keeping FCC's net neutrality rules". The Hill. Retrieved December 14, 2017.
- "Overwhelming Bipartisan Majority Opposes Repealing Net Neutrality | Program for Public Consultation". www.publicconsultation.org. Retrieved December 18, 2017.
- "In Developing Countries, Google and Facebook Already Defy Net Neutrality – MIT Technology Review". MIT Technology Review. Retrieved February 26, 2015.
- "Entrepreneurs Explain How The End of Net Neutrality Would Mean Their Startups Don't Exist". Techdirt. Retrieved February 26, 2015.
- "Net Neutrality and the Future of the Internet". The Huffington Post. Retrieved February 26, 2015.
- "MIT OpenCourseWare – Free Online Course Materials". mit.edu. Retrieved February 26, 2015.
-  Archived January 9, 2007, at the Wayback Machine
- Lawrence Lessig and Robert W. McChesney (June 8, 2006). "No Tolls on The Internet". Columns.
- Morran, Chris (February 24, 2015). "These 2 Charts From Comcast Show Why Net Neutrality Is Vital". The Consumerist. Retrieved February 28, 2015.
- Rao, Sameer (April 27, 2017). "Digital Equity Groups Explain How FCC Chair's Net Neutrality Rollback Will Hurt Communities of Color". Color Lines. Retrieved May 26, 2017.
- "Net Neutrality: What You Need to Know Now". Save The Internet. Archived from the original on May 22, 2017. Retrieved May 26, 2017.
- McMillan, Robert (May 16, 2014). "Websites Throttle FCC Staffers to Protest Gutting of Net Neutrality". Wired. Retrieved May 16, 2014.
- Balto, David (May 5, 2017). "What John Oliver won't tell you about net neutrality". The Hill. Retrieved May 26, 2017.
- Hu, Elise (June 3, 2014). "John Oliver Helps Rally 45,000 Net Neutrality Comments To FCC". NPR. Archived from the original on June 24, 2015. Retrieved May 26, 2017.
- Lieberman, David (January 6, 2016). "FCC Chief Sees "Spectrum Extravaganza" As TV Auction Deadline Approaches – CES". Deadline Hollywood. Retrieved January 1, 2019.
- Johnson, Ted (May 15, 2017). "John Oliver Skewers Critics in Latest Plea for Net Neutrality". Variety. Retrieved May 26, 2017.
- "Oral Dissenting Statement of Commissioner Ajit Pai". Federal Communication Commission. February 26, 2015. Retrieved December 24, 2017.
- "Net neutrality is bad policy for the U.S. and bad policy for the world". Freedom Works Post. July 16, 2012. Retrieved January 10, 2013.
- "Intel, IBM and Cisco team up to fight net neutrality by reclassifying the internet". The Inquirer.
- "Internet Pioneers Decry Title II Rules – Light Reading".
- Jenkins, Holman W.; Jr (February 27, 2015). "The Net Neutrality Crack-Up". The Wall Street Journal.
- "The Sky is Not Falling, and the World isn't Going to End". Citizens Against Government Wast. December 14, 2017. Retrieved December 24, 2017.
- Anne Veigle, "Groups Spent $42 Million on Net Neutrality Ads, Study Finds," Communications Daily, July 20, 2006.
- SaveTheInternet.com, "One Million Americans Urge Senate to Save the Internet," at http://www.savetheinternet.com/=press11 Archived September 19, 2008, at the Wayback Machine (last visited August 4, 2006).
- Robert Kahn and Ed Feigenbaum (January 9, 2007). An Evening with Robert Kahn. Computer History Museum. Archived from the original (WMV) on September 28, 2012. Retrieved December 26, 2008. Partial transcript: Hu-Berlin.de
- NET NEUTRALITY AND CONSUMER WELFARE faculty.chicagobooth.edu
- "Back to the Future with Peter Thiel".
- "Marc Andreessen on net neutrality – Marginal REVOLUTION". May 23, 2014.
- Negroponte, Nicholas (August 13, 2014). "Nicholas Negroponte: Net Neutrality Doesn't Make Sense".
- "Intel, IBM and Cisco team up to fight net neutrality by reclassifying the internet – TheINQUIRER".
- Jeffrey H. Birnbaum, "No Neutral Ground in This Internet Battle," The Washington Post, July 26, 2006.
- Kessler, Andy (June 26, 2006). "Give Me Bandwidth..." The Weekly Standard. Retrieved July 9, 2006.
- "Hands Off the Internet," full page print ad in The Washington Post, May 24, 2006
- "At SBC, It's All About "Scale and Scope"". Information Technology/Online Extra. BusinessWeek. November 7, 2005.
- "SBC Head Ignites Access Debate". washingtonpost.com. Retrieved February 26, 2015.
- "Verizon, AT&T: Net neutrality not OK for wireless". CNET. Retrieved December 17, 2017.
- "Telecom Industry Owns Congress So Can Net Neutrality Really Be Saved?". Carbonated.TV. Retrieved December 17, 2017.
- "Tech and Manufacturing Companies Warn Against Title II".
- "FCC Commissioner Ajit Pai: Net Neutrality is a "Solution That Won't Work to a Problem That Doesn't Exist"". February 25, 2015.
- "5 insights from Vint Cerf on bitcoin, net neutrality and more".
- Anderson, Nate (May 6, 2010). "Virgin Queen meets broadband: a third way for net neutrality". Ars Technica. Retrieved October 19, 2013.
- Lasar, Matthew (July 19, 2010). "Few neutrals in debate over "third way" net neutrality plan". Ars Technica. Retrieved October 19, 2013.
- EDWARD WYATT. "F.C.C. Considering Hybrid Regulatory Approach to Net Neutrality". The New York Times. Retrieved February 26, 2015.
- Cox, Kate (October 31, 2014). "FCC To Propose New "Hybrid" Approach To Net Neutrality".
- Livingstone, Adam (May 30, 2006). "BitTorrent: Shedding no tiers". BBC News. Retrieved May 20, 2010.
- "Broadband Connectivity Competition Policy Staff Report" (PDF). ftc.gov. Retrieved February 26, 2015.
- "Senate Chair Takes on FTC in Net Neutrality Fight". PCMAG. Retrieved February 26, 2015.
- Watal, Aparna A Co-regulatory Approach to Reasonable Network Management
- "Is Net Neutrality Bad for National Preparedness?" Archived February 8, 2007, at the Wayback Machine, K. A. Taipale, Center for Advanced Studies in Sci. & Tech. Policy Research Brief No. 06-14 (June 2006).
- Fung, Brian (February 3, 2014). "Cable companies want to block cities from building fiber networks. Here's how the FCC could intervene". Washington Post. ISSN 0190-8286. Retrieved December 17, 2017.
- Various (August 31, 2006). "Scenarios for the Network Neutrality Arms Race" (PDF). web.si.umich.edu. Archived from the original (PDF) on December 7, 2008. Retrieved September 6, 2006.
- States, stand down! Let community broadband innovate, Gigaom Inc, July 27, 2014, Craig Settles
- Fight for the Future (2018)
- REPRESENTATIVES KAWASAKI, Parish, Tuck, Fansler, Drummond, Gara, Kreiss-Tomkins, Spohnholz (January 16, 2018), Broadband Internet: neutrality / regulation, HB 277, Alaska state legislature (published January 12, 2018), retrieved February 12, 2018CS1 maint: Multiple names: authors list (link) Granger, Erin (January 26, 2018), "Alaska legislator introduces net neutrality bill", Fairbanks Daily News-Miner, retrieved February 11, 2018
- SENATORS WIELECHOWSKI, Gardner, Begich, Olson, Costello, Hughes, Wilson (January 24, 2018), A RESOLUTION Urging the United States Congress to overturn the Federal Communication Commission's order ending net neutrality. (PDF), Alaska state legislature, retrieved February 12, 2018CS1 maint: Multiple names: authors list (link)
- Senator begich (January 24, 2018), An Act relating to the regulation of broadband Internet; and making certain actions by broadband Internet service providers unlawful acts or practices under the Alaska Unfair Trade Practices and Consumer Protection Act (PDF), SB 160, Alaska state legislature, retrieved February 12, 2018
- Associated Press (2018-01-16); Attorneys general for 21 states and the District of Columbia (2018-01-16)
- Senator Wiener (Principal coauthors: Senators Allen, Dodd, Hill, McGuire, Monning, and Skinner) (Principal coauthors: Assembly Members Bloom, Bonta, Chiu, Friedman, Kalra, and Mullin) (Coauthor: Assembly Member Ting) (January 3, 2018), "Broadband Internet access service", California Legislative Information, SB-822, California legislature, retrieved February 12, 2018CS1 maint: Multiple names: authors list (link)
- Senator De León (January 22, 2018), "Communications: broadband Internet access service", California Legislative Information, SB-460, California legislature, retrieved February 12, 2018
- Donahue, Casey (December 29, 2017), "Duff To Introduce Connecticut Net Neutrality Legislation In 2018", Norwalk Daily Voice, retrieved February 12, 2018
- Jones II; Henson; Tate; Jordan; Seay; et al. (January 24, 2018), Internet Service Provider; engaged in provision of broadband Internet access service; shall publicly disclose accurate information regarding the network management practices, SB 310, Georgia General Assembly (published December 18, 2017), retrieved February 12, 2018
- Koebler, Jason (December 18, 2017), A Hawaiian Politician Is Introducing a Bill That Would Encourage Creation of Locally Owned Broadband Networks: "One option is to reject corporate internet service providers altogether, and control the internet ourselves.", Motherboard, retrieved February 12, 2018
- Kang (2018)
- Local teen helping lawmakers draft a net neutrality bill, Ceder Rapids, IA: KCRG - TV9, February 1, 2018, retrieved February 12, 2018
- Representatives Parker, Clayton, Curtis, Highberger, Ohaebosim and Probst, Prohibiting state contracts with internet service providers that do not adhere to net neutrality principles, HB 2682, Kansas Legislature, retrieved February 12, 2018CS1 maint: Multiple names: authors list (link)Neal, David (February 7, 2018), 'Net Neutrality' bill introduced in Kansas House, Working Journalist Press, retrieved February 12, 2018
- Barbara A. L'Italien, Andres X. Vargas, Sonia Chang-Diaz, Diana DiZoglio and other members of the General Court (December 19, 2017), An Act protecting consumers by prohibiting blocking, throttling, or paid prioritization in the provision of internet service, SD.2428, retrieved February 12, 2018CS1 maint: Multiple names: authors list (link)
- Eggerton, John (February 1, 2018), "NECTA: Federal Net Neutrality Legislation Is Answer: Was scheduled to testify before Massachusetts special committee on net neutrality", B&C: The business of television, New Bay Media, retrieved February 12, 2018,
The hearing came a day after New Jersey's governor signed an executive order mandating net neutrality in government contracts, and its attorney general announced it would be the 22nd state joining a suit to overturn the FCC's net neutrality rule deregulation.
- Van Berkel, Jessie (December 19, 2017), Two Minnesota legislators say they will push to protect net neutrality in wake of FCC decision: A previous measure aimed at protecting data privacy, Minneapolis, MN: Star Tribune, retrieved February 12, 2018
- Stapleton, Corey (January 22, 2018), Executive order providing for Internet neutrality principles in state procurement (PDF), Executive Order No. 3-2018, Office of the Governor of Montana, retrieved February 12, 2018
- Morfeld, 46 (January 5, 2018), A BILL FOR AN ACT relating to telecommunications and technology; to amend sections 86-125 and 86-580, Reissue Revised Statutes of Nebraska; to adopt the Internet Neutrality Act; to change requirements for communications providers under the Nebraska Telecommunications Regulation Act; to change provisions relating to financial assistance from the Nebraska Internet Enhancement Fund; to harmonize provisions; to provide an operative date; to provide severability; and to repeal the original sections. (PDF), Nebraska Legislature, retrieved February 12, 2018
- Augustyn, Arthur (February 5, 2018), Murphy signs executive order for net neutrality, NJBiz, retrieved February 12, 2018 Governor Philip D. Murphy (February 5, 2018), Future contracts for Internet and broadband will be awarded only to ISPs that adhere to "net neutrality" (PDF), Executive Order No. 9, State of New Jersey, retrieved February 14, 2018
- Brodkin, Jon (February 5, 2018), ISPs must follow net neutrality in New Jersey, governor declares: ISPs can’t block or throttle traffic if they sell broadband to state agencies., Ars Technica, retrieved February 14, 2018
- Racioppi, Dustin (February 5, 2018), "NJ to join net neutrality legal challenge against Trump administration", North Jersey, retrieved February 17, 2018
- Assemblywoman ANNETTE QUIJANO District 20 (Union), Assemblyman WAYNE P. DEANGELO District 14 (Mercer and Middlesex) Assemblyman RAJ MUKHERJI District 33 (Hudson), Assemblyman JAMEL C. HOLLEY District 20 (Union), Assemblyman TIM EUSTACE District 38 (Bergen and Passaic) Assemblyman JAMES J. KENNEDY District 22 (Middlesex, Somerset and Union) (January 6, 2018), New Jersey Net Neutrality Act (PDF), New Jersey Legislature (published December 4, 2017), retrieved February 12, 2018CS1 maint: Multiple names: authors list (link)
- Howie C. Morales (December 21, 2017), Prohibited broadband Internet service acts, SB 39, New Mexico Legislature, retrieved February 13, 2018
- Howie C. Morales (January 23, 2018), Broadband access unfair trade practices, SB 155, New Mexico Legislature, retrieved February 13, 2018
- Andrew Cuomo (January 24, 2018), Executive order ensuring net neutrality protections for New Yorkers (PDF), Executive order No. 175, State of New York Executive Chamber, retrieved February 13, 2018,
order and direct New York State's government ... not to enter into any contracts for Internet service unless the ISPs agree to adhere to net neutrality principles.
- Sen. Parker (January 3, 2018), AN ACT to amend the public service law and the state finance law, in relation to state contracts being only with internet service providers compliant with net neutrality and establishes a revolving fund for the establishment of municipal internet service providers; and making an appropriation therefor, S07175, New York Assembly, retrieved February 13, 2018
- Sen. Carlucci (January 3, 2018), AN ACT to amend the public service law and the state finance law, in relation to instituting internet service neutrality, S07183, New York Assembly, retrieved February 13, 2018,
Develop and maintain a statewide plan for the monitoring of internet service providers, including the annual certification that internet service providers comply with the internet service neutrality requirements ... . [W]here a contract that includes internet connection services is to be awarded by a state agency, public authority, public library or municipal corporation ... such ... contract shall require that such internet connection services are compliant with the internet service neutrality ... .
- M. of A. FAHY, MORELLE, BARRETT, ORTIZ, MAGNARELLI, GOTTFRIED, ENGLEBRIGHT, THIELE, SIMON, D'URSO, GLICK, LUPARDO, JAFFEE, ZEBROWSKI, SANTABARBARA, COLTON, CAHILL, JENNE, GALEF, MOSLEY, ARROYO, SEAWRIGHT, PICHARDO, LIFTON, TITONE, BRABENEC, BRINDISI, DINOWITZ, VANEL, STIRPE, L. ROSENTHAL, STECK, ABINANTI -- Multi-Sponsored by -- M. of A. CROUCH, HOOPER, McDONALD (December 22, 2017), AN ACT to amend the public service law and the state finance law, in relation to instituting internet service neutrality, S08882, New York State Assembly, retrieved February 13, 2018,
Develop and maintain a statewide plan for the monitoring of internet service providers, including the annual certification that internet service providers comply with the internet service neutrality requirements ... . The state finance law is amended by adding ... internet service neutrality requirements in certain procurement contracts ... that includes internet connection services ... awarded by a state agency, public authority, public library or municipal corporation... .CS1 maint: Multiple names: authors list (link)
- M. of A. Cahill (January 18, 2018), AN ACT to amend the public service law and the state finance law, in relation to state contracts being only with internet service providers compliant with net neutrality and establishes a revolving fund for the establishment of municipal internet service providers; and making an appropriation therefor, S09057, New York State Assembly, retrieved February 13, 2018
- M. of A. Pretlow (January 17, 2017), AN ACT to amend the public authorities law, the public service law, and the executive law, in relation to reforming the telecommunications sector of the New York economy, by creating a broadband authority, authorizing statewide cable franchises for the purposes of competitive cable service, promoting the wide-spread development of high-capacity broadband internet access, and increasing the availability and quality of services in this key economic development area and ensuring the safety, reliability and affordability of telecommunications services, S01958, New York State Assembly, retrieved February 13, 2018
- NYC Connected Truth in Broadband Request for Information, Mayor's office of the Chief Technology Officer for The City of New York, January 22, 2018, retrieved February 13, 2018
- News desk, news partner (January 21, 2018), Oregon Net Neutrality Initiative Filed With State Secretary: Oregonians for Net Neutrality will need nearly 90,000 signatures to get their initiative on the November 2018 ballot., Across Oregon Patch, retrieved February 13, 2018
- Cineas, Fabiola (January 26, 2018), Pa. Could Be the Next State to Force Net Neutrality by Executive Order, Philadelphia, PA: BizPhilly, retrieved February 13, 2018
- Heckel, Matt (February 2, 2018), Lawmaker urges Pa. governor to sign executive order on net neutrality, Harrisburg, PA: WYTV-33, retrieved February 13, 2018
- FARNESE, BLAKE, SCHWANK, TARTAGLIONE and COSTA (February 9, 2018), An Act providing for disclosure requirements for broadband Internet access service providers, for prohibitions and for contracts, grants and tax credits; and imposing civil penalties, SB 1033, Pennsylvania General Assembly, retrieved February 13, 2018,
a Commonwealth agency or political subdivision may not contract with or award grants or tax credits to a provider that fails to comply with this act.CS1 maint: Multiple names: authors list (link)
- Farnese, Lawrence M., Jr. (January 22, 2018), Senator Larry Farnese Introduces Legislation To Protect Net Neutrality In Pennsylvania, Public., retrieved February 13, 2018
- Representatives Kennedy, Abney, Shekarchi, Serpa, and Marshall (January 18, 2018), An act relating to public utilities and carriers -- Internet service providers -- net neutrality (PDF), H 7076, Rhode Island General Assembly, retrieved February 13, 2018,
where a contract that includes Internet connection services is to be awarded by a state agency, public authority or municipality pursuant to a competitive bidding process or a request for proposal process, such competitive bidding process or request for proposal and the subsequent awarded contract shall require that such Internet connection services are compliant with the Internet service neutrality requirementsCS1 maint: Multiple names: authors list (link)
- Senators DiPalma, Pearson, Calkin, Goldin, and Miller (January 11, 2018), An act relating to public utilities and carriers -- Internet service providers -- net neutrality, S 2008, Rhode Island General Assembly, retrieved February 13, 2018CS1 maint: Multiple names: authors list (link)
- Senators Nesiba, Frerichs, Heinert, Kennedy, and Killer and Representatives Ring, Bartling, Bordeaux, Hawley, Lesmeister, McCleerey, and Wismer (February 6, 2018), Establish certain provisions regarding the state procurement process for internet, data, and telecommunications services, SD SB195, Legiscan, retrieved February 14, 2018CS1 maint: Multiple names: authors list (link)
- Buie, Jordan (January 23, 2018), Democrats propose legislation to preserve net neutrality in Tennessee, Tennessean, retrieved February 14, 2018
- Senate Minority Leader Lee Harris, D-Memphis (January 23, 2018), Tennessee Neutrality and Internet Consumer Protection Act (PDF), SB 1756, Tennessee General Assembly, retrieved February 14, 2018
- Rep. John Ray Clemmons, D-Nashville (January 23, 2018), Tennessee Neutrality and Internet Consumer Protection Act (PDF), HB 1755, retrieved February 14, 2018
- Landen, Xander (February 15, 2018), Scott signs executive order on net neutrality, Vermont Digger, retrieved February 16, 2018
- Governor Philip. B Scott (February 16, 2018), Executive Order: Internet Neutrality in State Procurement (PDF), EO 02-18, retrieved February 16, 2018
- Representatives Stevens of Waterbury, Sibilia of Dover, Hill of Wolcott, Baser of Bristol, Belaski of Windsor, Botzow of Pownal, Brumsted of Shelburne, Carr of Brandon, Chesnut-Tangerman of Middletown Springs, Christie of Hartford, Cina of Burlington, Colburn of Burlington, Connor of Fairfield, Conquest of Newbury, Copeland-Hanzas of Bradford, Dakin of Colchester, Donovan of Burlington, Dunn of Essex, Gannon of Wilmington, Gonzalez of Winooski, Haas of Rochester, Head of South Burlington, Houghton of Essex, Howard of Rutland City, Jickling of Randolph, Kitzmiller of Montpelier, Lanpher of Vergennes, Lucke of Hartford, McCormack of Burlington, Morris of Bennington, Mrowicki of Putney, Noyes of Wolcott, Ode of Burlington, O’Sullivan of Burlington, Pajala of Londonderry, Read of Fayston, Scheu of Middlebury, Stuart of Brattleboro, Sullivan of Dorset, Troiano of Stannard, Walz of Barre City, Webb of Shelburne, Weed of Enosburgh, and Yantachka of Charlotte (January 31, 2018), An act relating to protecting consumers and promoting an open Internet in Vermont (PDF), Vermont Legislature, retrieved February 14, 2018CS1 maint: Multiple names: authors list (link)
- Brodkin, Josh (March 15, 2019). "ISPs strike deal with Vermont to suspend state net neutrality law". Ars Technica. Retrieved March 19, 2019.
- Lee J. Carter (February 13, 2018), Broadband services; prohibited features, Virginia's Legislative Information System (published January 9, 2018), retrieved February 14, 2018
- Representatives Hansen, Cody, Goodman, Pettigrew, Tarleton, Fey, DeBolt, Bergquist, Springer, Santos, McBride, Smith, Chapman, Slatter, Peterson, Wylie, Fitzgibbon, Morris, Stonier, Lytton, Sawyer, Robinson, Tharinger, Kagi, Pellicciotti, Dolan, Orwall, Valdez, Haler, Kilduff, Senn, Frame, Sells, Kirby, Stanford, Blake, Reeves, Clibborn, Macri, Kloba, Appleton, Stambaugh, Jinkins, Ormsby, Ryu, Hayes, Pollet, Doglio, Ortiz-Self, Riccelli, and McDonald (January 8, 2018), AN ACT Relating to protecting an open internet in Washington state; and adding a new chapter to Title 19 RCW (PDF), HB 2282 (published December 13, 2017), retrieved February 14, 2018CS1 maint: Multiple names: authors list (link)
- Smith, Cody, Tarleton, DeBolt, Springer, Santos, McBride, Chapman, Wylie, Fitzgibbon, Peterson, Morris, Stonier, Kagi, Senn, Kirby, Stanford, Blake, Reeves, Kilduff, Clibborn, Macri, Pettigrew, Orcutt, Stambaugh, Ormsby, Ryu, Hayes, Pollet, Doglio, Ortiz-Self, Riccelli, McDonald, Jinkins, Gregerson (January 29, 2018), Protecting consumers by prohibiting blocking, throttling, or paid prioritization in the provision of internet service in Washington state., HB2284, Washington State Legislature (published December 14, 2017), retrieved February 14, 2018,
TED - Majority; 1st substitute bill be substituted, do passCS1 maint: Multiple names: authors list (link)
- Carlyle, Hunt, Keiser, Kuderer (January 17, 2018), Ensuring consumers rights to internet transparency, SB 6446, Washington State Legislature, retrieved February 14, 2018,
The department, the office of the chief information officer, and all other state agencies are prohibited from entering into contracts with vendors offering broadband internet access services unless the vendor commits to providing equal connection for all users to lawful internet content, applications, and services.CS1 maint: Multiple names: authors list (link)
- Lawmakers introduce bill to preserve net neutrality rules in Wisconsin, Eau Claire: WQOW, January 25, 2018, retrieved February 14, 2018,
Representative Jonathan Brostoff and Senator Chris Larson are circulating legislation that would keep the protections from net neutrality in Wisconsin. ... The bill circulated by Larson and Brostoff would prohibit internet service providers from unnecessarily blocking content, slowing service, or otherwise unreasonably disadvantaging Wisconsin consumers. ... U.S. Senate democrats said they will force a vote later this year on the U.S. Federal Communications commission's reversal of net neutrality rules and will try to make it a key issue in the 2018 congressional elections.
- Gilroy, Angele A. (November 22, 2017). The Net Neutrality Debate: Access to Broadband Networks (PDF). Washington, D.C.: Congressional Research Service. Retrieved November 28, 2017.
- Timothy B. Lee (May 2, 2014). "Beyond net neutrality: the new battle for the future of the internet". Vox.com. Washington, DC: Vox Media.
- Kathleen Ann Ruane. Net Neutrality: Selected Legal Issues Raised by the FCC’s 2015 Open Internet Order. Congressional Research Service. June 12, 2015.
- Federal Communication Commission:"OpenInternet" website
- Internet Policy: Who's Pulling the Strings against network neutrality in the United States
- A video on net neutrality
- Australian ISPs say net neutrality is an American problem
- Media Capitalism, the State and 21st Century Media Democracy Struggles – An interview with Robert McChesney
- Verizon & Google Enter Reported Deal for Tiered Internet Use, Is Net Neutrality in Jeopardy? – video report by Democracy Now!
- NNSquad The Network Neutrality Squad, an open-membership, open-source effort, enlisting the Internet's users to help keep the Internet's operations fair and unhindered from unreasonable restrictions
- Abandoning "Net Neutrality," FCC Chair Backs Two-Tiered Internet Fees – video report by Democracy Now!
- - Restoring Internet Freedom by Federal Communications Commission