UPDATED 22:48 EDT / DECEMBER 13 2017

INFRA

FCC votes to repeal net neutrality rules – and lawsuits are on the way

Updated with FCC vote and lawsuits:

The Federal Communications Commission today voted to repeal so-called net neutrality rules, rolling back a regulatory regime that barred broadband providers from charging for high-quality service or blocking websites.

The rules were put in place in 2015 by the Obama administration with the intention of keeping the internet an open platform for all kinds of content. Now that they’re on the verge of ending, internet service providers will no longer be regulated as utilities such as phone service. ISPs have said they don’t plan to limit content, but some high-profile examples of such limits by ISPs have critics skeptical of their intentions.

FCC Chairman Ajit Pai, appointed by President Donald Trump, and two other Republican appointees all voted for the change, while two commissioners dissented. Pai has contended that the commission’s ending of net neutrality rules will actually help consumers by spurring more investment and competition among internet providers.

Reaction to the ruling was swift. Some large internet companies had opposed the change, though the biggest impact might be on smaller players that can’t afford to pay up for deals to ensure their content gets carried on networks. Netflix tweeted its disappointment:

Facebook Inc. wasn’t happy either. “Today’s decision from the Federal Communications Commission to end net neutrality is disappointing and harmful,” Chief Operating Officer Sheryl Sandberg wrote on her Facebook page. “An open internet is critical for new ideas and economic opportunity – and internet providers shouldn’t be able to decide what people can see online or charge more for certain websites. We’re ready to work with members of Congress and others to help make the internet free and open for everyone.”

The impact could go beyond internet content providers. Cloud communications platform Twilio told SiliconANGLE that the vote is a signal that the FCC is moving away from its role in protecting consumers. “An open internet is vital to maintain competition and foster innovation – and for that we need basic ground rules and a transparent process to enforce them,” said Karyn Smith, Twilio’s general counsel, who added that carriers already block more than 100 million messages sent annually by Twilio customers, including messages from from schools to parents. “We look forward to working with Congress to enact basic ground rules and a transparent process to enforce them.  They should also direct the FCC to use its authority to ensure that consumers have access to the communications they want to receive.”

However, it remains unclear how much will actually change for consumers, or at least how quickly. For one, the rules will take awhile to get put into place. And there will be lawsuits challenging the decision.

Indeed, New York Attorney General Eric Schneiderman said Thursday that he will lead a multistate lawsuit seeking to stop the rollback. On Wednesday, Schneiderman had asked for a postponement of the net neutrality vote after an investigation revealed that more than 2 million comments made to the Federal Communications Commission were bogus.

Schneiderman’s investigation and subsequent 11th hour request revealed that more than 5,000 people contacted the office over fake comments. One complainant stated that her departed husband had made a comment. Others were from young children, someone posting a comment while aboard an airplane, and another from a 96-year-old World War II veteran.

His office had created a website where people could search FCC comments regarding net neutrality to see if their identity had been used. After exposing the bogus comments, Schneiderman said, “Moving forward with this vote would make a mockery of the notice and comment process … and reward those who perpetrated this fraud.”

“Millions of fake comments have corrupted the FCC public process – including 2 million that stole the identities of real people, a crime under New York law,” he said. “Yet the FCC is moving full steam ahead with a vote based on this corrupted process, while refusing to cooperate with an investigation.”

Some 28 senators had asked for the vote to be postponed to give the investigation more time, but in the end, Republican control of the FCC made that unlikely.

Meanwhile, Gigi Sohn, counselor to former FCC Chairman Tom Wheeler, Wednesday told SiliconANGLE, “The FCC is getting out of the business of consumer protection and promoting the public interest entirely. The complete abdication of the FCC’s oversight over broadband Internet access will leave every American internet user out in the cold.”

With reporting from Robert Hof

Image: FCC

A message from John Furrier, co-founder of SiliconANGLE:

Your vote of support is important to us and it helps us keep the content FREE.

One click below supports our mission to provide free, deep, and relevant content.  

Join our community on YouTube

Join the community that includes more than 15,000 #CubeAlumni experts, including Amazon.com CEO Andy Jassy, Dell Technologies founder and CEO Michael Dell, Intel CEO Pat Gelsinger, and many more luminaries and experts.

“TheCUBE is an important partner to the industry. You guys really are a part of our events and we really appreciate you coming and I know people appreciate the content you create as well” – Andy Jassy

THANK YOU