Not Neutrality: The Netflix Scandal That Isn’t

[Commentary] News broke that Netflix has been throttling video streams for its own customers when they’re watching on mobile devices and networks. Netflix responded with its own post, staying away from the term “throttling” but revealing that its “default bitrate for viewing over mobile networks has been capped globally at 600 kilobits per second.” Is that a good thing for Netflix users? Maybe, maybe not. But whatever it is, it’s not a Net Neutrality violation. Plain and simple. Anyone who tells you that it is — or that this practice undermines the case for Net Neutrality rules — is either in the business of misleading you, woefully ignorant of the law, or both.

Netflix suggests it was doing this to spare wireless users from burning through their carrier-imposed data caps. That’s not a bad idea, but it’s still off-putting. If Netflix was limiting transmission speeds and picture quality for its users without telling them, as appears all too likely, that’s a bad thing. Period, full stop. Companies should be transparent with their customers and empower them to make their own choices. But here’s what Net Neutrality detractors and the shills paid to attack the whole idea of an open Internet never seem to grasp: Something might be bad for Internet users, or for consumers more generally, without being a Net Neutrality issue. Net Neutrality is a hugely important concept, but there are other consumer-protection laws on the books at the Federal Communications Commission and elsewhere.