Kill the open internet, and wave goodby to consumer choice

[Commentary] It’s clear that most US consumers depend upon a few big players in order to access the internet. Therefore, the critical question is whether these companies have the incentive and ability to harm consumers and competition. That is, are they motivated to control what kinds of innovations come to consumers? And do they have the tools to do so? Both the Federal Communications Commission and the Department of Justice have recognized in recent proceedings that the answers are yes and yes.

In 1776, Thomas Paine didn’t need the permission of any other content creator or distributor to circulate Common Sense. But without rules prohibiting blocking, throttling, and the like, broadband providers would gain the power to limit what unpopular content flows over their networks—to the detriment of consumers and democracy. One challenger to the 2015 Open Internet Order argued exactly this to the DC Circuit: that the rules violated its right to block legal but unpopular content. An Open Internet has worked for America, creating a virtuous circle of innovation, trust, adoption, and further innovation. That circle should not be broken.

[Terrell McSweeny is a commissioner of the Federal Trade Commission. Jon Sallet is the former general counsel of the Federal Communications Commission. Both are alumni of the antitrust division of the Department of Justice]