by Gigi B. Sohn*, Fellow, Georgetown Law Institute for Tech & Society, Open Society Foundations and Mozilla and Kevin Werbach, Associate Professor of Legal Studies & Business Ethics, The Wharton School, University of Pennsylvania
*Sohn previously served as Counselor to FCC Chairman Tom Wheeler from Nov. 2013 - Dec. 2016.
**This post is part of ACSblog’s Symposium on Regulatory Rollback
The Open Internet (or “net neutrality”) rules adopted by the Federal Communications Commission (FCC) in 2015 were the Obama administration’s most significant achievement in communications regulation. They were among the first rules the Trump administration targeted following the 2016 election. In May, the Trump FCC began a rulemaking proceeding to repeal them. It also rejected the legal authority in which the rules are grounded, and failed to recommend anything in their place.
The Open Internet rules prohibit broadband Internet Service Providers (“ISPs) like Comcast, AT&T, Verizon, and Charter, from discriminating against or favoring any content, applications or services on the Internet. Among other things, the rules specifically prohibit ISPs from blocking or throttling, and prohibit ISPs from extracting fees in exchange for faster or better quality delivery to the consumer (“paid prioritization”).