Net neutrality battle isn’t over

Civil liberties groups planning to file lawsuits

McClatchy

WASHINGTON — Opponents have begun to plot how to overturn a Federal Communications Commission repeal of rules on keeping the internet neutral and open.

Civil liberties groups studied the legal grounds for a federal lawsuit at the same time that New York’s attorney general vowed to lead a multistate lawsuit. Democratic politicians said they would seek a legislative remedy.

And analysts on all sides weighed the political fallout.

“This is a digital albatross around the neck of the Republicans,” said Jeffrey Chester, executive director of the Center for Digital Democracy, a consumer protection advocacy group.

Far from ending the debate on net neutrality, Thursday’s FCC decision may just be the latest move in a ping-pong match that will see further action in the courts, on Capitol Hill and at the polls.

“There is a lot of backlash in the public to today’s action. Members of Congress are going to go home and hear from angry constituents that they do not appreciate being sold out to the cable companies,” said Harold Feld, senior vice president of Public Knowledge, a group that promotes freedom of expression and open internet.

The FCC voted 3-2 along party lines to allow broadband providers to block or slow web traffic and provide fast lanes for companies that pay more to delivercontent rapidly.

The ruling dismantles regulations, known as net neutrality, enacted by the Obama administration in 2015. The decision may go into effect within 60 days after publication in the Federal Register.

“You and I and everyone else who uses the internet for personal use will see some changes in pricing models,” wrote Glenn O’Donnell, an industry analyst at the research firm Forrester, in an email. “For most of us, I expect we will pay more. Service bundles (e.g., social media package, streaming video package) will likely be bolted on to basic transport for things like web surfing and email.”

Proponents cast the move as a way to stimulate investment and innovation, and pull back on what they describe as regulatory overreach under the Obama administration.

In casting his vote, FCC Chairman Ajit Pai criticized what he called the “outlandish” claims by opponents who have said the movecomes at the expense of consumers and will chill a freeflow of ideas and content.

“It is not going to end the internet as we know it. It is not going to kill democracy. It is not going to stifle free expression online,” Mr. Pai said.

Critics of Mr. Pai say there is not enough competition in the broadband market to trust that the companies will try to offer the best services. Rule changes, they say, give providers incentive to start charging websites to reach consumers.

“Let’s remember why we have these rules in the first place,” said Michael Beckerman, president of the Internet Association, the trade group. “There is little competition in the broadband service market.”

Some small-business owners are concerned that industry giants could pay to get an edge, and leave them on an unfair playing field.

“The internet, the speed of it, our entire business revolves around that,” David Callicott, who sells paraffinfree candles on his website, GoodLight, said last month.

Even supporters of the FCC ruling say that the decisionis not etched in stone.

“We want to see this issue resolved, and the only way it’s going to be resolved is through legislation or a Supreme Court decision on the fundamental questions over the agency’s authority over the internet,” said Berin Szoka, president of Tech Freedom, a technology policy think tank headquartered in Washington.

The sharp divides on net neutralityshow that what began as a bipartisan issue has hardened into two distinct sides.