In my last post, took the four most famous net neutrality violations to see how they would come out under the current rules adopted in 2015 v. how they would come out under the regulatory framework following the Federal Communications Commission vote to repeal net neutrality rules, based on the draft Order. To condense the approximately 5500-word analysis: all four incidents are addressable under the 2015 rules. None of the incidents are addressable under the combined Federal Trade Commission and antitrust regime that remains after the vote to repeal the rules, with the exception of Comcast’s deliberate deception about their blocking peer-2-peer protocols in 2007-08.
The recent Internet Day of Action for net neutrality illustrates how intensely consumers feel about net neutrality protections, as more than 50,000 people, websites, and organizations demonstrated in favor of a free and open internet. Many Internet Service Providers claim that they, too, want net neutrality, but with one exception: they don’t want any rules that can be enforced against them. Asking giant internet providers like Comcast to behave is, quite frankly, implausible given their history of anti-competitive behavior.
Last week, NCTA, the trade association for the industry formerly known as cable, posted this amazing graph and blog post showing that the "virtuous cycle" the Federal Communications Commission predicted would happen when it adopted the Open Internet rules (a.k.a. net neutrality) back in December 2010.
It’s safe to say we are most of us in an era of unpredictability. Take comfort, then, in this case study in predictability, for at the very least, FCC Chairman Ajit Pai has so far been everything and done everything you could expect from someone who vowed to “take a weed whacker” to the open Internet. Since his ascension, Pai’s agenda has been one of systematic rollback of consumer safeguards, one by one by one, and the latest and greatest commenced at last Thursday’s Open Meeting vote to dismantle critical net neutrality protections.