Net Neutrality in the US Past, present, possible future(s) Corynne McSherry Legal Director, EFF

network neutrality in the US. June 14, 2016: March 12, 2015: Federal Communications Commission issues an Open Internet Order to protect network neutrality in the US. June 14, 2016: Appeals court upholds that order. But things could have turned out very differently.

2002: Broadband designated an “information service” 2000: “The End of End to End” 2002: Broadband designated an “information service” 2003: “ Network Neutrality, Broadband Discrimination” 2005: Internet Policy Statement 2007: Comcast caught throttling BitTorrent 2010: Open Internet Order January 2014: Appeals court rejects most of the 2010 Order

Meanwhile Broadband becoming essential service Broadband ownership increasingly consolidated fewer choices, higher prices Increasing evidence of unfair discrimination (and intent to discriminate) Legislative options stalled (or nonexistent)

Many groups agreed some regulation needed Many groups agreed some regulation needed. But the court was clear: FCC didn’t have authority The FCC had a choice: try again or try something else.

May 2014: FCC decides to just try again This is a mistake.

Team Internet to the Rescue

How do you convince 4 million people to take action on the most boring issue ever?

Effective messaging: explaining the stakes A broad coalition Tech policy groups, religious organizations, social justice groups, librarians, educators, intermediaries, small business, and ordinary Internet users Effective tools, e.g. dearfcc.org

Oh, and maybe see if John Oliver wants to weigh in INSERT SCREEN SHOT Also: John Oliver

FCC changes course and decides to try something else

June 14, 2016: Appeals court affirms new rules Broadband providers have asked the Supreme Court to review

New Rules No blocking of applications, services or devices No throttling of applications, services or devices No paid prioritization Transparency

But there are still unknowns Reasonable network management exception Unlawful conduct exception General conduct rule End-user control Competitive effects Consumer protection Effect on innovation, investment and broadband Effect on free expression Application agnostic?

And what about zero rating?

Zero rating: what it is, why it matters

What it is In a nutshell, zero-rating plans exempt particular data from counting against a user's data cap, or from accruing any excess usage charges. Examples: Internet.org (later “Free Basics”), T-Mobile’s “Binge-On,” AT&T’s “Sponsored Data,” Wikipedia Zero

Sounds great, right? Wrong. Pay to play => unfair advantage Distorts content consumption Distorts access markets Creates a walled garden Risks to privacy and security Creates gatekeepers Illusory fix to digital divide

Questions? Corynne McSherry Legal Director, EFF corynne@eff.org @cmcsherr