Does Net Neutrality Get Violated if Telecom Companies Throttle All Video?

Question from Jcoh, Does Net Neutrality Get Violated if Telecom Companies Throttle All Video?

Answer from AI:

Understanding Net Neutrality

Net neutrality is the principle that Internet Service Providers (ISPs) must treat all data on the internet the same way and not discriminate or charge differently by user, content, website, platform, application, or method of communication. This means ISPs should not intentionally block, slow down, or charge money for specific online content.

Net Neutrality Regulations in the USA

In the United States, net neutrality has been a contentious issue with regulations changing over time:

• In 2015, the Federal Communications Commission (FCC) under the Obama administration adopted the Open Internet Order, which reclassified broadband as a telecommunications service under Title II of the Communications Act of 1934. This order prohibited ISPs from blocking, throttling, or prioritizing content.
• In 2017, the FCC under the Trump administration repealed the 2015 net neutrality rules through the Restoring Internet Freedom Order. This repeal removed the Title II classification and the specific prohibitions against throttling and prioritization.

Throttling Video Content

Throttling refers to the intentional slowing down of internet service by an ISP. If a telecom company throttles all video content, it could be seen as a violation of net neutrality principles because it discriminates against a specific type of content.

Legal Implications

Given the current regulatory environment:

1. Under the 2015 Open Internet Order, throttling video content would have been a clear violation of net neutrality rules.
2. Under the 2017 Restoring Internet Freedom Order, the specific prohibitions against throttling were removed, making it less clear whether such actions would be illegal.

State-Level Regulations

Some states have enacted their own net neutrality laws in response to the federal repeal:

• California passed the California Internet Consumer Protection and Net Neutrality Act of 2018, which reinstates many of the 2015 FCC rules at the state level.
• Other states, like Washington and Oregon, have also passed similar laws.

If you are in a state with its own net neutrality laws, throttling video content could be a violation of those state regulations.

When to Seek Legal Advice

If you believe that your ISP is violating net neutrality principles by throttling video content, it may be beneficial to:

1. Review the specific net neutrality laws and regulations in your state.
2. Document instances of throttling, including dates, times, and the type of content affected.
3. Consult with a legal professional who specializes in telecommunications law to understand your rights and potential remedies.

Resources for Further Information

For more detailed information, you can refer to:

• FCC’s Restoring Internet Freedom Order
• California Internet Consumer Protection and Net Neutrality Act of 2018

Remember, while this information provides a general overview, it is always best to consult with a legal professional for advice tailored to your specific situation.