This is a complicated issue and more complicated than the advocates of “net nuetrality” want to admit.
If you went on the internet at all last week, you could not help but miss some of the web’s most popular websites publicizing their campaigns that defend the Obama-era telecommunications regulation known as the Open Internet Order (OIO). Last Wednesday, tech heavyweights like Google, Facebook, Twitter, Reddit, and even Pornhub held a “Day of Action” to support the controversial FCC rules. The websites bombarded users with blog posts encouraging folks to contact their representatives and popup messages bemoaning the future of a slow and tiered internet. But ironically, these websites’ stated goals are in direct contradiction of the regulations that they ostensibly support.
Simply stated, the OIO does not in fact secure the principles of “net neutrality” like so many of these websites implied to their users. In fact, the OIO may have the adverse effect of actively discouraging the principles of net neutrality through a loophole that would exempt motivated Internet Service Providers (ISPs) from OIO regulations. This cannot be emphasized enough: The OIO allows and encourages ISP filtering, a huge no-no in the world of net neutrality.
This is a point that my Mercatus Center colleague Brent Skorup has made since shortly after the OIO rules were first introduced in February of 2015. It’s a bit of a nuanced argument, and one that would not be immediately obvious to anyone who does not closely read all FCC reports and related court cases as a profession. But as the general public is whipped into a veritable frenzy to defend the OIO rules or risk Internet catastrophe, it’s a critical fact to hammer home in the debate.
To understand just how muddled the discussion surrounding “net neutrality” and the OIO has become, we need to know a bit about: 1) how the concept of net neutrality developed and what it means; and 2) the political pressures and compromises that were made in the run-up to the introduction of the OIO.