Eight years ago I predicted the worst. Net neutrality, which had only become a reality a few years earlier, was eliminated by the original Trump Administration in 2017. At that time, I declared it dead and laid out all the bad things that would happen as a result.
Now, after a federal appeals court ruled against the Biden administration's long-stalled efforts to restore net neutrality, I must admit that I was wrong. Net neutrality was never the Internet freedom fighter we thought it was, in part because it was also a product of its time, and the online and broadband world has changed beneath our feet.
Before I step back through my apocalyptic vision, it's worth examining what net neutrality is and what it was supposed to do.
Saving the Internet
Net neutrality is, in the broadest sense, about making sure that the pipes or infrastructure and systems that give you the Internet (websites, streaming platforms, services) see all those bits and bytes as equal. Therefore, an ISP (internet or broadband service provider) like Comcast in the US does not view one type of data differently than another. It never prioritizes information coming from one of its proprietary services (NBC) over that of another (ABC, owned by Disney).
If someone monitoring performance has a political ax to grind, they can't turn off the data spigot on opposing views.
It is a simple concept but one that has enormous implications. Free speech advocates believe a neutral Internet is critical to maintaining a balance of voices and basic justice.
But net neutrality has always been viewed as an interpretation of Title II of the Telecommunications Act of 1934, which promises “reasonable prices and nondiscriminatory practices.” But it was written for phone companies and not broadband providers. Basically, the courts said that US federal agencies like the FCC can't simply reinterpret their own rules for, say, more modern purposes.
As a result, broadband service providers cannot be affected by Title II rules, Net Neutrality fails regulatory tests, and is now dead.
But since the Biden Administration's efforts to restore it have been blocked almost from the moment the FCC voted to restore them, we have been operating in a Net Neutrality-free world since 2017.
Here's a summary of what I predicted would happen:
- End of good online content
- End of affordable online content
- End of independent online content
- It's harder to find your favorite websites
- Slower broadband speeds
- ISPs control freedom of expression and impartiality
What really happened?
Some of these things have happened but they have had little or nothing to do with Net Neutrality. In fact, when I think about it, the worst changes to our online experience have little to do with ISPs, the so-called gatekeepers, and more. with large technology companies, which are mostly still unregulated.
Google, for example, is impacting the type of content you can find, especially small independent websites, some of which are disappearing as I write this. Google is not a broadband service provider, but it is the main way most people find things on the Internet and it is changing the game very quickly. AI summaries at the top of search results are already pushing most websites, where the original information is located, out of frame. Great sites like The New York Times can bear this. Small places, not so much.
The cost of content.
Content has become more expensive, especially that offered by most of our best streaming services. This has almost nothing to do with the backbone costs passed by ISPs and everything to do with the intense competition to satisfy our binge-watching needs with new content. There are many streaming options, and the platforms that don't have the new and trendy thing to watch are the losers. Extreme streaming price increases, crackdowns on password sharing, the proliferation of streaming platforms, and the return of bundling have marked the last decade.
The battle is to maintain subscriber growth at almost any cost (to them and to you). Even if we had net neutrality, I'm sure it would have little to no impact on these trends.
Rethink ISPs
ISPs often seem to have the least power among all the technology players. Yes, they can set the price of their broadband Internet, but with at least some competition in play in most markets (well, you usually have two options), they know they still have to offer the highest possible speeds at prices attractions that generally block. for about a year.
The cable industry, in particular, has been hit by cord cutters who no longer pay for cable but continue to buy Internet access from the same companies. To their credit, ISPs have adapted and are happy to offer platforms where you'll never watch cable or streaming TV again, but you can try watching live boxing on Netflix along with 110 million of your friends. I have yet to see evidence of strangulation; Instead, it's streamers who are struggling to meet insane demand spikes during increasingly frequent live streaming events.
A decade ago I was quite concerned that an unregulated Internet would silence independent voices. But again, the ISPs were never to blame. Instead, the management of discourse was left in the hands of social media platforms, most of which have done a terrible job and struggle to this day to get it right. Even newer platforms like Bluesky find themselves struggling to implement reasonable voice controls.
Net neutrality can't solve this
What I realize is that our digital experience has much bigger problems than whether or not net neutrality exists. ISPs, for the most part, seem less interested in controlling our online experience than in ensuring they don't suffer another major disruption.
I believe in justice and equality, but I think we're past the point of trying to rewrite old rules to meet a modern need. Rather, it's time for someone, anyone, to create real, comprehensive regulation for the modern digital age. Something that addresses powerful tech companies, harmful online content, affordable streaming and basic high-speed broadband for all citizens.
I have long maintained that broadband is a human right. Can we offer a global regulation that recognizes this once and for all?
I'm happy to admit that I was wrong about net neutrality. Now let's move forward and start delivering a truly equitable Internet.
