Obama and the internet: a historical message to the world about network neutrality

Barack Obama has finally kept his electoral campaign promise to guarantee internet neutrality, just in time to try to block on efforts by the Federal Communications Commission — an independent body now led by a former telecoms and cable lobbyist — to introduce a two-tier system.

The US president chose Medium to make his announcement (kudos to Ev, Biz and the rest of the team for such a great presidential choice!), and then put it out via the White House website and YouTube. It is worth taking the time to make a careful reading of this historic statement: we are talking here about a clear and unequivocal position that calls on the FCC to take specific measures, and that reclassifies internet access as a basic service, subjecting it to the same limitations and restrictions as other communication channels.

The best analysis I have read on the issue is an article in Vox called “Obama says FCC should reclassify the internet’s regulatory status”, while the best resume of reactions is to be found in The Verge’s “Obama’s plan to save the internet draws bold reactions”. Their analyses might have passed unnoticed outside the United States, but in fact we are talking about something that transcends national boundaries and that will shape the future of the internet. But I digress. What did Obama actually say?

• That an open Internet is “essential to the American economy, and increasingly to its way of life”.
• “Net neutrality” has been built into the fabric of the Internet since its creation — but it is also a principle that cannot be taken for granted. Internet service providers (ISPs) cannot be allowed to restrict the best access or to pick winners and losers in the online marketplace for services and ideas.
• So the president has called on the Federal Communications Commission (FCC) to “answer the call” of almost four million public comments, and implement the strongest possible rules to protect net neutrality.
• The president made clear his commitment to a free and open internet during the election campaign, and his commitment to this remains “as strong as ever”.
• Four years ago, the FCC tried to implement rules that would protect net neutrality with little to no impact on the telecommunications companies that make important investments in our economy. After the rules were challenged, the court reviewing the rules agreed with the FCC that net neutrality was essential for preserving an environment that encourages new investment in the network, new online services and content, and everything else that makes up the internet as we now know it. Unfortunately, says the president, the court ultimately struck down the rules: “Not because it disagreed with the need to protect net neutrality, but because it believed the FCC had taken the wrong legal approach.”
• President Obama said he is asking for “simple, common-sense steps that reflect the internet you and I use every day, and that some ISPs already observe”. These “bright-line rules” include:

No blocking. If a consumer requests access to a website or service, and the content is legal, and ISP should not be permitted to block it. That way, every player — not just those commercially affiliated with an ISP — gets a fair shot at your business.

No throttling. Nor should ISPs be able to intentionally slow down some content or speed up others — through a process often called “throttling” — based on the type of service or your ISP’s preferences.

Increased transparency. The connection between consumers and ISPs — the so-called “last mile” — is not the only place some sites might get special treatment. So, I am also asking the FCC to make full use of the transparency authorities the court recently upheld, and if necessary to apply net neutrality rules to points of interconnection between the ISP and the rest of the Internet.

No paid prioritization. Simply put: No service should be stuck in a “slow lane” because it does not pay a fee. That kind of gatekeeping would undermine the level playing field essential to the Internet’s growth. So, as I have before, I am asking for an explicit ban on paid prioritization and any other restriction that has a similar effect.

• If carefully designed, says the president, these rules should not create any undue burden for ISPs, and can have clear, “monitored exceptions for reasonable network management and for specialized services.”
• The rules also have to reflect the way people use the Internet today, which increasingly means on a mobile device. Obama stressed that “the FCC should make these rules fully applicable to mobile broadband as well, while recognizing the special challenges that come with managing wireless networks.”

“For almost a century, our law has recognized that companies who connect us to the world have special obligations not to exploit the monopoly they enjoy over access in and out of your home or business. That is why a phone call from a customer of one phone company can reliably reach a customer of a different one, and why you will not be penalized solely for calling someone who is using another provider. It is common sense that the same philosophy should guide any service that is based on the transmission of information — whether a phone call, or a packet of data.”

In conclusion, the president said the time has come for the FCC to recognize that

… broadband service is of the same importance and must carry the same obligations as so many of the other vital services do. To do that, I believe the FCC should reclassify consumer broadband service under Title II of the Telecommunications Act — while at the same time forbearing from rate regulation and other provisions less relevant to broadband services.”

This is a basic acknowledgment of the services ISPs provide to American homes and businesses, he added, saying that the straightforward obligations necessary to ensure the network works for everyone — “not just one or two companies.”

A clear and direct message that will set those countries apart that choose to apply from those that allow operators to destroy the open nature of the internet. For Americans, the time has come to demand that the FCC complies with the presidential directive without delay, in the hope that the next administration will be more favorable to the interests of big business (Republicans have made it clear they oppose a neutral internet). For people living in other countries, the time has come to read President Obama’s message and to understand once and for all just what the internet is… and above all, what it should be in the future. If your government does not agree with these principles, then you should be worried. If the internet is important to you, then the time has come to get involved in spreading the word about the importance of a neutral internet, as many Americans have been doing over the last few years.

(En español, aquí)