This is an archive of news stories and research from the National Union of Public and General Employees. Please see our new site - https://nupge.ca - for the most current information. 


U.S. Court strikes down net neutrality order threatening open Internet

Washington court strikes down Federal Communications Commission's rules on Net Neutrality on technical basis.  Net Neutrality advocates calling for agency or Congress to act.

Washington (15 Jan. 2014) - The District of Columbia Circuit Court of Appeals in Washington has struck down the Federal Communications Commission's (FCC) Open Internet Order which ensured net neutrality in the United States.  The decision was the result of a challenge brought forward by Verizon, one of the world's largest telecommunications companies.

The ruling has wide-reaching implications for U.S. content providers, consumers and the future of the internet in general. 

Net Neutrality rules require broadband internet providers to act akin to "common carriers."   This meant that broadband providers had to act in a manner similar to phone companies and not give special preference to one type of call (or traffic) over another. 

The National Union has long advocated for Net Neutrality in Canada. 

Court rules that FCC used flawed legal framework to set rules

In its 81 page decision, the court ruled the FCC lacked the authority to implement and enforce the Open Internet Order under the legal framework the agency put forth.

The order, implemented in 2010, was intended to prevent broadband Internet providers from blocking or interfering with traffic on the Web.  However, instead of reversing an earlier FCC decision that had weakened the FCC's authority over broadband and establishing solid legal footing for its rules, the former FCC chairman used the complicated legal framework which the court has now rejected.

The court's ruling was based mainly on technical grounds and indicates the agency must implement formal common carrier standards if it wants to make internet service providers (ISPs) act like common carriers, thereby opening the door to the rules returning in the future.

Future of open internet at risk

The fear is that this ruling could result in internet giants like Verizon and Time Warner making deals with large content providers - such as Disney or Netflix - to ensure that their web content is faster and more reliable than other websites.  This would both restrict consumers choice but also threaten smaller content providers who are unable to pay for "express lanes."

A number of U.S. based internet organizations were quick to call on the FCC to act. 

Craig Aaron, President and CEO of U.S. based organization Free Press, released a statement saying, "We're disappointed that the court came to this conclusion. Its ruling means that Internet users will be pitted against the biggest phone and cable companies - and in the absence of any oversight, these companies can now block and discriminate against their customers' communications at will.

"The compromised Open Internet Order struck down today left much to be desired, but it was a step toward maintaining Internet users' freedom to go where they wanted, when they wanted, and communicate freely online. Now, just as Verizon promised it would in court, the biggest broadband providers will race to turn the open and vibrant Web into something that looks like cable TV. They'll establish fast lanes for the few giant companies that can afford to pay exorbitant tolls and reserve the slow lanes for everyone else.

"New FCC Chairman Tom Wheeler recently stated that the FCC must have the ability to protect broadband users and preserve the Internet's fundamental open architecture. In order to do that, he must act quickly to restore and reassert the FCC's clear authority over our nation's communications infrastructure. The agency must follow its statutory mandate to make broadband communications networks open, accessible, reliable and affordable for everyone.

Congress or FCC needs to act

In a statement reacting to the ruling FCC Chairman Tom Wheeler appeared to be committed to continuing net neutrality rules saying, "I am committed to maintaining our networks as engines for economic growth, test beds for innovative services and products, and channels for all forms of speech protected by the First Amendment. We will consider all available options, including those for appeal, to ensure that these networks on which the Internet depends continue to provide a free and open platform for innovation and expression, and operate in the interest of all Americans." An appeal would go to the Supreme Court.

The Internet Association, representing large tech firms like Google, issued a statement saying that the " Internet creates new jobs, new technologies, and new ways of communicating around the globe. Its "innovation without permission" ecosystem flows from a decentralized, open architecture that has few barriers to entry. Yet, the continued success of this amazing platform should not be taken for granted."

More Information:

NUPGE on Accessibility and Net Neutrality

Free Press (US)

OpenMedia.ca (Canada)

NUPGE

The National Union of Public and General Employees (NUPGE) is one of Canada's largest labour organizations with over 340,000 members. Our mission is to improve the lives of working families and to build a stronger Canada by ensuring our common wealth is used for the common good. NUPGE