In a landmark decision, the Federal Communications Commission (FCC) has reinstated net neutrality rules that were previously revoked in 2017 under the administration of former President Donald Trump. This move creates potential conflict with broadband service providers who must now adhere to more stringent legislation. The new regulations prevent service providers from blocking or slowing down broadband traffic, as well as from creating paid preferential lanes, reflecting similar rules put in place during Barack Obama’s presidency in 2015.
The Spectrum and National Security Act of 2024 is the legislative framework for these new regulations. The Act redefines broadband as a telecommunications service, giving the FCC more regulatory power over internet providers. Additionally, the regulations focus on protecting consumer data, particularly sensitive information like location data, which providers can no longer sell. The FCC aims to exercise its authority over broadband in a targeted manner to encourage continued investment and innovation in the sector while also overriding conflicting state or local policies.
FCC Chairwoman Jessica Rosenworcel, a Democrat appointed by President Biden, emphasizes the importance of accessible and equitable broadband access for all Americans. Despite opposition from some FCC members and industry associations who fear that reinstating net neutrality will hinder growth and innovation, Republican Commissioner Brendan Carr argues that these regulations are outdated and unnecessary. He questions whether increased regulation based on national security concerns is necessary or effective. However, proponents of net neutrality argue that it is essential for preserving an open internet where all content creators have equal access to consumers.