The US government on Thursday banned internet service providers (ISPs) from meddling in the speeds their customers receive when browsing the web and downloading files, restoring tough rules rescinded during the Trump administration and setting the stage for a major legal battle with the broadband industry.
I think net neutrality is a good thing, but could this reclassification mean that the FCC will have increased authority to police content online? There has been a lot of worrying activity around that lately in general, and the FCC has a history of imposing censorship on traditional media.
These net neutrality policies ensured you can go where you want and do what you want online without your broadband provider making choices for you. They made clear your broadband provider should not have the right to block websites, slow services, or censor online content. These policies were court tested and approved. They were wildly popular. In fact, studies show that 80 percent of the public support the FCC’s net neutrality policies and opposed their repeal.
The closest we get to online censorship is obscenity laws, which one might think applies to porn, but obscenity is actually defined much more narrowly than just “content designed to arouse”. Obscenity is basically stuff that even Hugh Hefner would find offensive, stuff the average adult would find deeply repulsive and abhorrent (not just a little bit, the exact language is “patently offensive”). Adult content in general (obscenity & indecency) is banned from broadcast media during daytime hours to keep kids from seeing it; subscription-based services are exempt from such rules, which presumably means that the adults who pay for the subscription are supposed to be the ones preventing kids from using it to view adult material, if such is possible. I expect this is why anything which does manage to qualify as obscene is typically very hard to get to unless you really want to see it, so nobody who might report it ever actually finds it.
It’s worth mentioning that obscenity laws apply whether Net Neutrality is a thing or not, so having it will be a net reduction in the avenues through which content may be censored or policed. Now if only they’d ban ISPs from selling your data to brokers…
It’s worth mentioning that obscenity laws apply whether Net Neutrality is a thing or not
Couldn’t this reclassification affect that sort of thing in a jurisdiction sense though? Again, I like net neutrality, mostly because the idea of something like the standard internet option being Facebook only is terrifying, but it sounds like a big part of this is reclassifying ISPs to be subject to rules made by the FCC. I’d really rather it be a law passed by congress, and I worry about how federal agencies might abuse their powers over the internet when those powers are expanded in general. I’m not really sure how much it generally expands their authority over the internet, but it seems like it might.
“Title II” in this context refers to Subchapter II of 47 U.S.C. Chapter 5. 47 U.S.C. is the Communications Act of 1934, the act of Congress that established the FCC, and Chapter 5 is the part that deals with “Wire and Radio Communications.”
If you want to know what this law empowers the FCC to do, you can read the statute yourself. Or, if that’s too difficult, you can also use your access to the internet to look up more accessible sources, such as Wikipedia’s “Common carrier” article.
I feel like reading statutes is unreliable because a lot of how the law works is how courts interpret the law, which can be very different from the commonsense interpretation of the letter of the law. Lacking broader context, I can’t know from just this exactly what the consequences might be. Here’s some parts that are possibly concerning though:
The Commission may, in its discretion, prescribe the forms of any and all accounts, records, and memoranda to be kept by carriers subject to this chapter, including the accounts, records, and memoranda of the movement of traffic
Not sure if this increases the ability of the government to spy on people through their ISPs or if that remains the same.
(a) Requirement to restrict access
(1) Prohibited conduct
Whoever knowingly and with knowledge of the character of the material, in interstate or foreign commerce by means of the World Wide Web, makes any communication for commercial purposes that is available to any minor and that includes any material that is harmful to minors shall be fined not more than $50,000, imprisoned not more than 6 months, or both.
Some states have been experimenting with broad bans on online porn sites and requiring those sites and also social media sites to demand id from all users, maybe this provision could give a future FCC the power to apply this sort of thing to the internet nationally? Although this section already explicitly mentions the internet which is confusing if this whole thing is only recently being made relevant to the internet.
There are provisions about the FCC being able to come up with rules for the prevention of robocalls, maybe this could be generalized to prohibit some forms of automated network traffic?
I think net neutrality is a good thing, but could this reclassification mean that the FCC will have increased authority to police content online? There has been a lot of worrying activity around that lately in general, and the FCC has a history of imposing censorship on traditional media.
Net Neutrality is about not policing content online. That’s kind of its whole thing:
The closest we get to online censorship is obscenity laws, which one might think applies to porn, but obscenity is actually defined much more narrowly than just “content designed to arouse”. Obscenity is basically stuff that even Hugh Hefner would find offensive, stuff the average adult would find deeply repulsive and abhorrent (not just a little bit, the exact language is “patently offensive”). Adult content in general (obscenity & indecency) is banned from broadcast media during daytime hours to keep kids from seeing it; subscription-based services are exempt from such rules, which presumably means that the adults who pay for the subscription are supposed to be the ones preventing kids from using it to view adult material, if such is possible. I expect this is why anything which does manage to qualify as obscene is typically very hard to get to unless you really want to see it, so nobody who might report it ever actually finds it.
It’s worth mentioning that obscenity laws apply whether Net Neutrality is a thing or not, so having it will be a net reduction in the avenues through which content may be censored or policed. Now if only they’d ban ISPs from selling your data to brokers…
Couldn’t this reclassification affect that sort of thing in a jurisdiction sense though? Again, I like net neutrality, mostly because the idea of something like the standard internet option being Facebook only is terrifying, but it sounds like a big part of this is reclassifying ISPs to be subject to rules made by the FCC. I’d really rather it be a law passed by congress, and I worry about how federal agencies might abuse their powers over the internet when those powers are expanded in general. I’m not really sure how much it generally expands their authority over the internet, but it seems like it might.
“Title II” in this context refers to Subchapter II of 47 U.S.C. Chapter 5. 47 U.S.C. is the Communications Act of 1934, the act of Congress that established the FCC, and Chapter 5 is the part that deals with “Wire and Radio Communications.”
If you want to know what this law empowers the FCC to do, you can read the statute yourself. Or, if that’s too difficult, you can also use your access to the internet to look up more accessible sources, such as Wikipedia’s “Common carrier” article.
I feel like reading statutes is unreliable because a lot of how the law works is how courts interpret the law, which can be very different from the commonsense interpretation of the letter of the law. Lacking broader context, I can’t know from just this exactly what the consequences might be. Here’s some parts that are possibly concerning though:
Not sure if this increases the ability of the government to spy on people through their ISPs or if that remains the same.
Some states have been experimenting with broad bans on online porn sites and requiring those sites and also social media sites to demand id from all users, maybe this provision could give a future FCC the power to apply this sort of thing to the internet nationally? Although this section already explicitly mentions the internet which is confusing if this whole thing is only recently being made relevant to the internet.
There are provisions about the FCC being able to come up with rules for the prevention of robocalls, maybe this could be generalized to prohibit some forms of automated network traffic?