Fast Company

Along with pursuing lawsuits over irregularities in the Federal Communications Commission network neutrality comments process (like millions of fake citizen comments being submitted), several states are crafting their own net neutrality laws, which they will start debating as new legislative sessions commence in Jan. They would prohibit internet service providers from blocking or hindering access to legal online content sources, or from offering premium-bandwidth “fast lane” deals to others.

Since the Federal Communications Commission voted to abolish net neutrality regulations, California, Washington, and New York State have vowed to take up the cause. New York is one of the first out the gate. State Assemblymember Patricia Fahy—a Democrat whose district includes the capital, Albany—has drafted a short piece of legislation to introduce this week. It requires the state government, state agencies, and local governments (including New York City) to do business only with ISPs that adhere to net neutrality principles of no blocking or slowing down access to any legal content.

In a typical week, NYC Mesh–a community-owned internet network in New York City–might get five requests from people who want to join. In the wake of the Federal Communications Commission’s decision to roll back net neutrality rules, it started getting dozens of requests a day. Without net neutrality protections, big telecom companies can choose to slow down or block certain sites. If you want to watch Netflix, for example, Comcast could decide to charge you more to access it.

After the FCC’s vote to scrap its net neutrality regulations, activists will turn to lawsuits, Congress—and the 2018 election. Lawsuits probably won’t be filed until at least January, but it’s already clear that they will challenge the FCC’s vote on both substance and process. The substance argument is a legalistic, almost existential, debate over the true nature of an ISP.  What’s kept the fire burning all these years is the fight over two lousy choices for how to legally classify an ISP.

[Commentary]  The idea of network neutrality may be intuitively simple, but the regulations that codify it are complex. One point of comparison is the position countries take on “zero rating,” a phrase used to describe telecom service plans that offer discounted or free access to a select group of apps or services. In fact, this image from the website of a Portuguese telecom provider MEO, that uses zero rating, recently went viral because it represents the dystopia of what a fragmented internet might look like.