See
Everybody Calm Down About Net Neutrality by Jon Leibowitz. Excerpts:
"Just as the sky did not fall when the FCC imposed its current Title II
version of net neutrality in 2015, it also won’t fall if the FCC
reclassifies broadband as an information service later this week—that
is, if it follows through with the repeal of so-called net neutrality
that has so many up in arms."
"the FCC plan would restore power to police the internet to the Federal Trade Commission."
"It protected internet users from unfair, deceptive and
anticompetitive practices for the two decades before the FCC’s 2015
rule, which removed its jurisdiction.
Consider the core
principles of net neutrality, which I have long supported: unfettered
access of the entire (lawful) internet and transparency about broadband
providers’ practices. The FTC worked on those issues for years. In 2000,
it conditioned AOL’s acquisition of Time Warner on the combined
company’s commitment to treat competing internet providers operating on
its network fairly.
Since
then, the FTC has defended the rights of municipalities to provide
broadband competition and helped drive the public debate about the
importance of neutrality rules, even taking action in 2014 against
AT&T Mobility for allegedly slowing down the bandwidth of mobile
users with “unlimited” data plans.
With its authority
restored—and assuming the agency prevails in a challenge to its power
pending in a federal appellate court, as is likely—the FTC can hold
internet providers to their public promises to maintain an open
internet. Every major broadband provider has committed not to block,
throttle or unfairly discriminate against lawful content. The FCC’s plan
would compel providers to give customers clear and detailed information
about their practices—commitments both the FTC and state attorneys
general will be able to enforce, since false public disclosures violate
the law.
Further, the FTC has used its enforcement authority to
bring actions against other corporate practices that harm consumers. It
has already done so against many of the biggest companies operating
online, including edge providers (Google, Facebook, Apple, Amazon,
Microsoft and Twitter), broadband providers (Comcast, AT&T) and
distributors (
Dish Network
and DirecTV).
The FTC and the Justice Department can also
prohibit unfair competition by enforcing the Sherman Antitrust Act—a
formidable hammer against anyone who would harmfully block, throttle or
prioritize traffic.
Perhaps most important, the plan to restore
FTC jurisdiction is good for consumers because it puts the nation’s
foremost privacy cop back on the beat after a two-year absence. The FTC
brought more than 500 privacy and data-security cases against companies
large and small. It used this authority against broadband providers
selling sensitive personal data without permission or failing to protect
customer data from hackers and cyber criminals. The Obama
administration called for the FTC to be the sole federal privacy
enforcement agency as part of its much-vaunted 2012 Privacy Bill of
Rights."
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