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The FCC’s new net neutrality rules, explained

By | December 21, 2010, 6:00 PM PST

The battle of net neutrality has been, and will continue to be, extremely intense. The FCC’s approval of its chairman’s proposal to commit net neutrality to law, then, was bound to inspire–to put it euphemistically–mixed feelings. Opinions on the rules, which will soon undergo congressional and legal scrutiny, are easy to find. In fact, they’re hard to avoid.

What’s less easy to find is a simple primer: What do these rules mean? Hell, what is net neutrality? Here’s what you need to know.

The rules are intended to give the federal government the ability to “regulate internet traffic.” Contrary to public mischaracterizations by net neutrality opponents, this regulation isn’t about censorship of content by the government; it’s about making sure that the networks themselves are “neutral.” Here’s a dictionary definition:

the principle that basic Internet protocols should be non-discriminatory, esp. that content providers should get equal treatment from internet operators.

The arguments that follow from this proposition are fairly straightforward. Proponents of net neutrality say that our network providers shouldn’t be allowed to distinguish between different types of data sent to us over the web. Whether a megabyte is video content, audio content, VoIP traffic, a news website or a multiplayer game, it should be routed to users at the same speed, for the same price, as any other megabyte.

Opponents say that telling Internet providers what they can and can’t charge for would be an overstep for the government.

So, what do these new rules mean? By and large, they’re a triumph for net neutrality. Here’s what they say:

  • Wired Internet providers–the people who provide the connection in your home–can’t discriminate against certain types of content.
  • Users will be provided with more information from these companies regarding their service plans, speeds, and costs.
  • ISPs can manage traffic in reasonable ways, including by throttling certain types of content, but only if they are open about how they do it, and it’s executed as a mitigating tool–not a policy

HOWEVER: Wireless network providers are subject to looser rules. They can’t limit access to websites, but can throttle network access from certain types of apps. The argument for implementing these looser rules for wireless networks, as I understand it, is that new wireless infrastructure will require a large outlay from carriers in the near term, so these companies are entitled to charge more for particularly stressful services.

What this bill is not, generally speaking, is a disaster for net neutrality advocates. Writing for InfoWorld, Paul Venezia worries, citing the “vague” definition of net neutrality used in the language of the regulations:

By watering down what should be hard and fast rules governing how carriers can interfere with data sent to and from their own customers, this order may actually be worse than nothing at all.

It’s true that the rules about traffic management in the regulations could be a bit more clear, but the spirit of the regulations leans heavily in the direction of net neutrality. Add to that the extended legislative process that will soon envelop these regulations, as well as the inevitable secondary and tertiary regulations that will be required to flesh out the policy in full, and the picture that emerges is a profoundly moderate move by the FCC.

In other words, nobody will be fully satisfied with it. But advocates of net neutrality have much more to be happy about than their opponents, and Internet users in general can rest easy.

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John Herrman

About John Herrman

John Herrman was a contributing editor for SmartPlanet from 2010 to 2011.

John Herrman

John Herrman

Contributing Editor

John Herrman is a freelance writer based in New York City. He is also contributing editor at Gizmodo. He holds a degree from the University of Edinburgh.

Follow him on Twitter.

John Herrman

John Herrman

John has nothing to disclose.

He writes for SmartPlanet and is not an employee of CBS.

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RE: The FCC's new net neutrality rules, explained
the FCC rule DOES NOT:

1) Stop the phone and cable companies from dividing the Internet into fast and slow lanes.
2) Protect wireless users from discrimination.
3) Prevent AT&T from blocking your access to third-party applications and requiring you to use its own preferred applications.

http://act2.freepress.net/sign/nn_pledge/?akid=2195.9559895.0VUFBv&rd=1&t=5
Posted by muziklok@...
22nd Dec 2010
+1 Vote
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RE: The FCC's new net neutrality rules, explained
Muziklok
Did you the article at all? Or did you just want to post a repeat of your links bullet points?
Yes, the wireless companies can throttle access for now. I have no desire to watch an HD movie on my blackberry.... Those that want to can expect to pay some.
Posted by harrim47
22nd Dec 2010
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Just one question
The mitigation clause. This is the bit that allows the ISP to sell me
25Mbps and then throttle my traffic if I then actually try to use it?
Posted by tkejlboom
22nd Dec 2010
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RE: The FCC's new net neutrality rules, explained
@harrim47

That only address his second bullet. What about answering his other two.

And while you're at it, read his link as well
Posted by search & destroy
22nd Dec 2010
+1 Vote
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RE: The FCC's new net neutrality rules, explained
The government exists to regulate and tax.

Look around you! You've a choice of dozens ISP providers today, wired and wireless. If you do not like one, get another, or two. You can contact anyone or anyplace in the world with just a browser or cellphone. You can make voice or video calls to anywhere in the world for free, set up a website, news site, blog, or e-business in 24 hours. Refinance your mortgage, find a date, watch a movie, read a book, form a corporation, make a dinner reservation, listen to music, donate to charity, adopt a pet, run for office, get an education, buy a car, consult with a doctor or lawyer, invest in a stock market anywhere in the world, book a trip. And it is just beginning!

What exactly in all this do we expect a backwards, bloated, incompetent, corrupt bureaucracy like the FCC to improve?
Posted by cd3rd
2nd Jan 2011
+1 Vote
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RE: The FCC's new net neutrality rules, explained
Oh sure...just 'go out and get another ISP'.

I live in rural USA and didn't even get DSL until 2 years ago.

Where's my 'OTHER ISP'?

Your assertion assumes that Comcast or AT&T are not, in fact, a monopolies in many places already and that everyone on earth is wired for every connection known to man.

If you don't like the current proposals for net neutrality, then write your Senator with a better idea. Get involved.

Having nobody between 'We the People' and Mega-biz is just, plain and simple, a terrible idea. The only thing worse than bad government is NO government.

Thanks for this article.
Posted by becksdark
3rd Jan 2011
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