FTC Ready to Police Internet If FCC Repeals Net Neutrality Rules

The head of the Federal Trade Commission hailed her agency’s ability to protect online competition ahead of a likely regulatory rollback that would make the agency responsible for maintaining a free and open internet.  The FTC was responsible for policing the internet before the 2015 expansion of net neutrality regulations, and if Pai’s order passes, the agency will re-inherit that authority. “The FTC’s ability to protect consumers and promote competition in the broadband industry isn’t something new and far-fetched,” Acting FTC Chairwoman Maureen Ohlhausen said. “We have a long-established role in preserving the values that consumers care about online, including the consumer protection and competition issues that concern net neutrality advocates.” 

The FTC brought anti-competition cases against internet providers like AT&T before net neutrality regulations shifted enforcement power to the FCC, and Ohlhausen believes people will benefit if enforcement power is restored to the FTC. As the leading consumer protection agency, FTC would prevent internet service providers from engaging in any deceptive or unfair practices and ensure they adhere to privacy and data security rules, she said. Ohlhausen also highlighted the benefits of the FTC’s case-by-case approach to policing ISPs, noting that one-size-fits-all internet regulation may sometimes limit consumer freedom. “In the marketplace, companies seek to deliver what consumers want,” she said, “but under prescriptive regulation, companies seek to deliver what regulators want.” She said FTC’s enforcement authority and internet providers’ transparency requirements will promote net neutrality where consumers want it but also creates the freedom for positive yet “arguably non-neutral practices” like throttling speeds for telehealth services.