Net Neutrality

"Net neutrality" is the term used to describe the concept of keeping the Internet open to all lawful content, information, applications, and equipment. There is increasing concern that the owners of the local broadband connections (usually either the cable or telephone company) may block or discriminate against certain Internet users or applications in order to give an advantage to their own services. While the owners of the local network have a legitimate right to manage traffic on their network to prevent congestion, viruses, and so forth, network owners should not be able to block or degrade traffic based on the identity of the user or the type of application solely to favor their interests.

Recent Actions

• November 10, 2011: U.S. Senate Rejects Net Neutrality Resolution of Disapproval - S.J. Res.6 (see the Policy Update blog entry)
• September 12, 2011: The Office of Management and Budget, following its review of the Open Internet rules per the Paperwork Reduction Act, approves the rules for publication by the FCC.
• July 7, 2011: The Open Internet Rules arrive at the Office of Management and Budget for review per the Paperwork Reduction Act; comments must be received by August 8, 2011.
• This Febrary 16th, 2011, ARL, ALA and EDUCAUSE signed letter was sent to members of the Subcommittee on Communications and Technology, asking them not to overturn the recent "net neutrality; decision adopted by the FCC.
• Letter to the FCC from ARL, ALA and EDUCAUSE expressing a fear that the new framework, which was first proposed December 1, will not provide sufficient protection to nonprofit public library and education services. December 13, 2010.
• Comments to the FCC from ARL, ALA and EDUCAUSE concerning open Internet protections and services over the last -mile and the application of open Internet rules to mobile wireless services. October 12, 2010.
• U.S Court of Appeals for the District of Columbia ruling in ComCast Vs. the FCC. April 6, 2010. A panel of three judges ruled that the FCC did not have the authority to order Comcast to stop slowing down BitTorrent traffic, and, more, broadly, that the FCC does not have the authority to enforce net neutrality.
• Letter to FCC Chairman Julius Genachowski regarding the preservation of the open Internet and urging adoption of net neutrality principles. EDUCAUSE, Internet2, ACE, et al., March 1, 2010.
• Comments to the FCC from the Association of Research Libraries, EDUCAUSE, Internet2, NYSERNet, and ACUTA In the matter of Preserving the Open Internet Broadband Industry Practices, January 14, 2010.
• Preserving a Free and Open Internet: A Platform for Innovation, Opportunity and Prosperity, FCC Chairman Julius Genachowski's remarks at the Brookings Institution, September 21, 2009.
• For updates on FCC actions relating to net neutrality, go to: www.openinternet.gov.
• Discuss this and other communications policy issues here.

Key Documents

• FCC Open Internet Rules (December 21, 2010)
• FCC's Notice of Proposed Rulemaking on Network Neutrality (October 22, 2009)
• FCC's Four Principles of Internet Freedom
• 111th Congress: Internet Freedom Preservation Act of 2009

EDUCAUSE Actions

• Open Internet Coalition letter to Congress requesting hearings on Net Neutrality, October 3, 2007
• Comments to the FCC regarding Broadband Industry Policies , June 15, 2007
• Sign on to letter to FCC concerning set top boxes , June 13, 2007
• Comments to the FCC regarding the Skype Petition, April 30, 2007
• Letter to Chairman Davis, Maryland House of Delegates, February 27, 2007
• Sign-on to letter to Congress requesting a National Broadband Policy, February 27, 2007
• Comments submitted to the FCC, regarding net neutrality provisions in the AT&T/Bell South merger, October 24, 2006
• Stevens-Inouye Letter, September 13, 2006
• Stevens-Inouye Letter, June 19, 2006
• Legislating Net Neutrality-Necessary?, a one-page issue brief submitted to the Internet Caucus Advisory Committee, June 2, 2006
• ACE letter to Congressman Sensenbrenner and Congressman Conyers in support of the House Judiciary bill HR 5417, the "Internet Freedom and Nondiscrimination Act of 2006," May 24, 2006
• ACE letter to House leaders Dennis Hastert and Nancy Pelosi in support of net neutrality, May 19, 2006
• EDUCAUSE joins the "Save the Internet" Coalition as a Charter member
• Association of American Universities letter to Representatives Barton and Dingell, March 29, 2006
• Press release regarding House Bill Language, March 28, 2006
• Co-sign on letter to Senator Stevens and Inouye, March 16, 2006
• Association of American Universities letter to Senator Stevens and Inouye, March 9, 2006
• Association of American Universities letter to Representatives Barton and Dingell, March 6, 2006
• Press release regarding Senator Wyden's Bill 2360, March 2, 2006
• Letter to Senator Wyden, March 2, 2006
• Letter to Representatives Barton and Dingell, March 1, 2006

Testimony and Reports

• Sir Tim Berners-Lee Testimony, before the House Subcommittee on Telecommunications and the Internet, March 1, 2007
• The Debate on Net Neutrality: A Policy Perspective, Cheng, Bandyopadhyay and Guo, March 2007
• Internet 3.0: Identifying Problems and Solutions to the Network Neutrality Debate, Frieden, February 2007
• Testimony of Dr. Donald Spicer before the Maryland House of Delegates, February 27, 2007
• Testimony of Gary Bachula at the FTC Broadband Connectivity Competition Policy Workshop, February 14, 2007
• Testimony of Jeff Kuhns before the Senate Judiciary Committee, June 14, 2006
• Internet2 Testimonybefore the Senate Commerce Committee, February 7, 2006
• Economic Analysis and Network Neutrality: Separating Empirical Facts From Theoretical Fiction, Trevor R. Roycroft, June 2006
• Preserving the Essential Internet, Center for Democracy and Technology, June 2006
• "Internet2 and Quality of Service: Research, Experience, and Conclusions" by Steven Corbato and Ben Teitelbaum, May 2006
• CRS Report for Congress: Telecommunications Act: Competition, Innovation, and Reform, updated January 13, 2006

Other Net Neutrality Resources

• Network Neutrality and Quality of Service: What a Non-Discrimination Rule Should Look Like, Barbara Van Schewick, June 2012
• It's Our Net
• "The Net@Risk", Moyers on America, PBS
• Steve Worona Interview with Kevin Mooney on Net Neutrality, the "Mooney in the Morning" show on Radio WKRT 920AM (Cortland, NY); May 24, 2006
• "The Net Neutrality Debate: A CIOs Viewpoint" by Michael M. Roberts, May 18, 2006
• Whose Internet Is It? NPR's Justice Talking debate on net neutrality with Art Bodsky and David McClure

Updated June 11, 2011