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Net Neutral ty |

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Jonathan Gray

net neutrality
Network Neutrality—or “Net Neutrality” for short—is the guiding rule that
preserves the free and open Internet. Net Neutrality mandates that Internet ser-
vice providers not discriminate including speeding up or slowing down Web
content, based on its source, ownership, or destination. Net Neutrality protects
consumers’ right to direct our online activities based on our own personal moti-
vations. With Net Neutrality, the network’s job is to move data in a nondiscrimi-
natory manner.
Nondiscrimination provisions like Net Neutrality have governed the U.S. com-
munications networks since the 1930s. On June 27, 2005, in a 6 to 3 decision
(National Cable & Telecommunications Association vs. Brand X Internet Ser-
vices), the United States Supreme Court ruled that cable companies like Com-
cast and Verizon are not required to share their cables with other Internet
service providers (ISPs). This controversial decision put Net Neutrality provi-
sions in jeopardy.
This ruling in part followed the FCC’s decision in 2002, which stipulated
that cable companies do not offer telecommunication services according to
the meaning of the 1996 Telecommunication Act. The FCC ruled that cable
services are information services, which manipulate and transform data in-
stead of merely transmitting them. “Since the Act only requires companies
offering telecommunication services to share their lines with other ISPs (the
so-called ‘common carriage’ requirement), the FCC concluded that cable com-
panies are exempt from this requirement” (see http://www.buzzflash.com/
contributors/05/07/con05238.html).
The requirement of “common carriage” basically enforced net neutrality.
Being deemed a common carrier meant that a transportation is considered a
public service and must be upheld universally without discrimination. After
telecommunications companies became exempt from the rules of common
carriage, many public interest groups pushed for some kind of neutrality
rules, so that ISPs could not discriminate against Web sites. Cable and phone
company lobbyists pushed to block legislation that would reinstate Net Neu-
trality.