The Net Neutrality Debate in the United States

Abstract

ABSTRACT In 2006, a major telecommunications bill was held up because it did not include guarantees for something called “net neutrality.” Republicans strongly opposed these guarantees, while Democrats strongly favored them. The debate over net neutrality continued during the long campaign leading up to the 2008 presidential election. When the Obama Administration took office in 2009, the new chairman of the Federal Communications Commission, Julius Genachowski revived the idea of codifying net neutrality rules. In April 2010, the U.S. Court of Appeals in the District of Columbia Circuit ruled that the FCC did not have the authority to regulate Internet service providers under its own interpretation of the Telecommunications Act of 1996. The FCC adopted a new strategy because of the Court's action. It opted not to undertake a major revision of the Telecommunications Act, but instead to attempt to regulate Internet service provision under modified “common carriage” rules, just as basic telephone services had been previously. An attempt will be made here to explain these choices.