Sean Captain

How did the birthplace of the internet become a nation where broadband is unavailable to large chunks of the population, keeping students from taking part fully in modern education and their parents from taking advantage of the modern economy? Big investments have been made in the internet in the U.S., but not uniformly or with an eye to expanding connectivity as far as possible. It’s not a task that private industry cares to take on, nor is it one that the public sector can solve on its own—not in a country with such a strident free-market ethos.

An Internet service provider can see every website that you choose to access. And with the scrapping of Obama-era privacy regulations in 2017, the US federal government has no rules against ISPs collecting and selling your information to marketers. But new tech fixes are plugging the privacy holes that the government won’t. The effort began in April, when Firefox browser maker Mozilla and content delivery network Cloudflare rolled out measures to block one of the easiest ways for ISPs to snoop.

House Minority Leader Nancy Pelosi (D-CA) joined CA state senator Scott Wiener (D-San Francisco), firefighters, state legislators and community advocates in support of CA Senate Bill 822, which would enact the strongest net neutrality standards in the nation. “Once we have established California as a model of a state taking action, other states may follow,” she said. “And then I think you will see some of corporate America say, okay, let’s have a federal law because we don’t...want to do different things in different states,” she says.

It’s been a tough fight, with one near-fatal stumble, but California’s assembly just passed what are undoubtedly the strictest protections for net neutrality in the country–if not the world. After what supporters hope will be a perfunctory re-vote in the state Senate, the bill will go to Gov Jerry Brown (D-CA), who has 30 days to sign or veto it.

Here are some financial, technical, and political measures you can take: 1) Find net neutrality- and privacy-friendly broadband providers, 2) Subscribe to a virtual private network, 3) Use an encrypted DNS service, and 4) Find consumer-friendly states (or make them that way). 

On Dec 14, the Federal Communications Commission voted to abolish network neutrality regulations. The same day, California State Senator Scott Wiener (D-CA-11) released a video saying that he wanted to revive those policies in state law. Now his bill, SB822, hits the California legislature, with co-sponsors – all of whom are Democrats – in the Senate and Assembly. If the legislation passes, and allies in states like New York and New Jersey also introduce bills, a huge chunk of the US population and economy would be subject to regulations that the federal government adamantly opposes.

Federal Communications Commission Chairman Ajit Pai says he wants to help poor people. “I have often said that my highest priority as chairman is closing the digital divide–the gap between those who have access to next-generation technologies and those who don’t,” he told a Senate committee in September when talking about reforms to a subsidy program called Lifeline. But critics say he’s doing the opposite, including with that very program. Unlike in the net neutrality debate, critics of Chairman Pai’s latest efforts are now coming from the left and the right.

After the Federal Communications Commission and the US Congress scrapped federal regulations protecting both network neutrality and privacy for Internet service provider customers, several states started working on their own safeguards. With broad support from the governor, attorney general, and legislators of both parties, Washington State has been one of the most aggressive. That could make it a test case not only for telecom policy but for the country’s perennial power struggle between federal and state governments.

Along with pursuing lawsuits over irregularities in the Federal Communications Commission network neutrality comments process (like millions of fake citizen comments being submitted), several states are crafting their own net neutrality laws, which they will start debating as new legislative sessions commence in Jan. They would prohibit internet service providers from blocking or hindering access to legal online content sources, or from offering premium-bandwidth “fast lane” deals to others.

After the FCC’s vote to scrap its net neutrality regulations, activists will turn to lawsuits, Congress—and the 2018 election. Lawsuits probably won’t be filed until at least January, but it’s already clear that they will challenge the FCC’s vote on both substance and process. The substance argument is a legalistic, almost existential, debate over the true nature of an ISP.  What’s kept the fire burning all these years is the fight over two lousy choices for how to legally classify an ISP.