Defying the facts, the law, and the will of millions of Americans, the Federal Communications Commission has voted to repeal net neutrality protections. It’s difficult to understate how radical the FCC’s decision was. The Internet has operated under formal and informal net neutrality principles for years. For the first time, the FCC has not only abdicated its role in enforcing those principles, it has rejected them altogether. Here’s the good news: the fight is far from over, and Team Internet has plenty of paths forward.
It’s not too late to stop the FCC’s rule change from going into effect. Poll after poll show that Americans overwhelmingly support net neutrality, and Congress has already been inundated with calls for them to take action. We need to keep up the pressure, and we will. Under the Congressional Review Act (CRA), Congress can reverse a change in a federal regulation by a simple majority vote within 60 working days after that regulation is published in the official record. In other words, Congress can vote to overturn Pai’s rule change and bring back the Open Internet Order. There are already members of Congress promoting compromised net neutrality bills that won’t give us all of the protections we need. Congress has a cleaner, faster path to real net neutrality: simply restore the 2015 Open Internet Order. Technically, Congress can’t invoke the CRA until the final rule change is published in the Federal Register, which will take several weeks. Between now and then, we will be watching Congress closely to see which members make public commitments to use the CRA to restore the Order.
While the CRA process moves forward, the FCC will be facing multiple legal challenges. Public interest groups, state attorneys general, and members of Congress are already getting ready to go to court. The FCC is required to listen to the public in its rulemaking processes and show clear evidence for its decisions. The Commission did neither in its decision to roll back the Open Internet Order. Among other things, it ignored the technical evidence EFF and others submitted showing why the 2015 Order made sense given 21st century Internet realities, in favor of self-serving claims from the ISPs and organizations they support. It relied equally heavily on the absurd notion that a few large tech companies, combined with the theoretical possibility that incumbent ISPs might some day face competition, eliminated the need for regulation. And that’s just the beginning. The new Order is full of holes, and judges will be able to see them.
Lawmakers and executive branch leaders in multiple states are working to fill the gap the FCC is creating and protect their constituents from unfair ISP practices. Before the FCC’s vote, Washington Governor Jay Inslee announced a multi-tiered plan to preserve net neutrality for Washingtonians, including cutting down on state benefits to ISPs that don’t adhere to net neutrality principles and taking measures to bring more competition to the broadband marketplace. Just after the vote, State Senator Scott Wiener announced his plans to introduce a bill preserving net neutrality protections for Californians. And this is just the beginning.
Net neutrality begins at home. One of the most important ways that we can soften the blow of losing the FCC’s net neutrality protections is to push for local policies that offer users real choices and ISPs that adhere to net neutrality principles. The majority of Americans have only one option for a broadband Internet provider. If that provider decides to block or throttle its users’ traffic, users have no options. To make matters worse, those providers often have de facto monopolies thanks to local government policies. EFF is working with policymakers and activists across the country to push for community broadband. We're working in particular with allies in San Francisco to develop a neutral infrastructure and policies for competition among providers that can serve as a model for cities across the country. If cities invest in good Internet infrastructure—and allow multiple providers to access that infrastructure—then users can have recourse when a single provider acts unfairly.
FCC may be abdicating its role in protecting the open Internet, but we will not. In the courts, in the halls of Congress, in our local communities, online and in the streets, Team Internet will fight for net neutrality – and we’ll be counting on you to join us. You can start today: call your members of Congress and urge them to use the Congressional Review Act to save the Open Internet Order. Take Action Tell Congress to reinstate the Open Internet Order
The FCC just voted to roll back the Open Internet Order, giving Internet service providers free rein to engage in unfair data discrimination practices. But it’s not too late: Congress can still save the existing net neutrality rules.
Please use the Congressional Review Act to save the Open Internet Order. At the end of each call, press the Star (*) key to go to your next call. Enter your phone number below and we'll connect you (US numbers only). I want do not want to sign up for mailings from EFF
Two years ago, we breathed a collective sigh of relief when the Federal Communications Commission (FCC) passed the Open Internet Order—regulations allowing people to freely access and interact with information online, and protecting them from potential discriminatory practices by internet service providers. In 2016, the Court of Appeals for the District of Columbia, also known as the D.C. Circuit, gave us additional comfort when it upheld the regulations despite a challenge from the telecommunications industry. Unfortunately, things change. Now an effort to repeal the order is underway, and we’re asking our community to once again help us protect net neutrality and rally behind a free and open internet. Join us in the fight for net neutrality
Earlier this year, FCC chairperson Ajit Pai expressed his intentions to get rid of the 2015 order. We wrote about this in July and joined more than one thousand companies urging the commissioner to reconsider. Despite widespread outcry from individuals and organizations alike, last week Pai made good on his intentions and released his proposal. In response, Pai’s colleague Commissioner Mignon Clyburn released a fact sheet explaining the proposal while Commissioner Jessica Rosenworcel penned an op-ed urging the public to “make a ruckus” and essentially save the FCC from itself. Net neutrality is an issue that transcends party lines. A recent Morning Consult and Politico Poll indicated that Republican and Democratic support for net neutrality rules is essentially the same, differing only by a couple of percentage points.
Net neutrality gives developers the freedom to build and ship software without being potentially blocked, throttled, or tolled by internet service providers. The result has been vast opportunity for developers. It's crucial that public policy support expands the opportunity to participate in the software revolution. Undermining net neutrality at a time of concern about consolidation and inequality is precisely the wrong move—directly harmful to developers’ ability to launch new products and eroding trust that the internet is a force for innovation and opportunity.
THIS IS A LINK TO CONTACT YOUR CONGRESS............
On December 14, the FCC will vote on Pai’s proposal—and it’s expected to pass. Supporters of net neutrality are already gearing up for another court battle. In the meantime, the U.S. Congress could attempt a legislative fix. As this discussion evolves and net neutrality is continuously challenged, it’s important that your congressperson knows where you stand. Let them know that you’re energized and that you continue to stand in solidarity with the majority of people who support robust, net neutrality protection. Call your U.S. congressperson today and urge them to oppose efforts to roll back net neutrality.
What’s next?
The FCC vote dealt a serious blow to net neutrality in the U.S., but we haven’t lost yet. Net neutrality defenders are weighing these options for what comes next:
Congress can pass a resolution to disapprove under the Congressional Review Act (CRA) within 60 congressional days—requiring bipartisan cooperation and approval by the president.
Congress can also pass additional legislation that more definitively protects net neutrality and helps prevent future threats to undermine it.
Net neutrality defenders including advocacy groups and state governments can take legal action against the FCC’s overturning of the open internet rules.
https://act.eff.org/action/tell-congress-to-reinstate-the-open-internet-order
