Net Neutrality Legislation: A Framework for Consensus

Since 2004, Federal Communications Commission rulemakings on net neutrality have been caught in a vicious cycle. They have been passed, fought in court, and returned to the FCC with minor (and sometimes major) revisions. In the last few years there have also been numerous attempts to pass legislation, cementing net neutrality once and for all, but nothing has succeeded in Congress. Recognizing the importance of finding a sustainable solution, the Internet Society proposed a collaborative process to help experts find common ground on this complex policy issue. Starting in June 2018, the Internet Society convened an ideologically diverse group of experts to create a baseline set of principles for an open Internet. The group was able to create a consensus-driven set of bipartisan principles for an open Internet in the United States.

I. Government has a role to play in protecting the open Internet and ensuring that Internet users are able to access the content they want, when they want.

II. To address the uncertainty in the United States regarding open Internet rules, there should be a legislative framework for net neutrality that clearly and explicitly protects the interests of Internet users while fostering an environment that encourages investment and innovation.

III. The Internet should follow the Powell Principles: users should have the freedom to access and convey content, freedom to use applications, freedom to attach personal devices, and freedom to obtain service plan information.

IV. Above all, the purpose of any regulation should be to promote user choice over their broadband Internet access service consistent with applicable law.

V. Nothing in the rules should restrict BIAS providers from protecting the needs of public safety, national security interests, law enforcement, and copyright infringement.

VI. Any legislation should preserve the FCC’s authority to address universal service, public safety, accessibility for individuals with disabilities, pole attachments and access to rights of way, and state and local barriers to broadband deployment with respect to BIAS.

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