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

2. 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.

3. 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

4. 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)

5. 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.

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

7. Team Internet to the Rescue

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

9. 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

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

12. FCC changes course and decides to try something else

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

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

15. 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?

16. And what about zero rating?

17. Zero rating: what it is, why it matters

18. 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

19. 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

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