Digital Content

Net neutrality has become the Washington equivalent of a Hollywood franchise: As if the sequel to the sequel weren’t enough, another installment of the debate over rules for the internet’s roads arrived this month. This time, however, there’s a plot twist. What, exactly, net neutrality rules look like matters less than that there are meaningful rules for broadband more generally.

The United Kingdom's current net neutrality rules are set out in legislation. Any changes to the rules in future would be a matter for Government and Parliament. Ofcom is responsible for monitoring and ensuring compliance with the rules and providing guidance on how ISPs should follow them. In 2021 Ofcom started a review of net neutrality. The review has found that, in general, it has worked well and supported consumer choice as well as enabling content providers to deliver their content and services to consumers.

A coalition of 41 states and Washington (DC) are filing lawsuits alleging that Meta Platforms has intentionally built its products with addictive features that harm young users of its Facebook and Instagram services. The lawsuits, in federal and state courts, say Meta misled the public about the dangers of its platforms for young people. The states also allege that Meta knowingly has marketed its products to users under the age of 13, who are barred from the platform by both Meta’s policies and federal law.

The Supreme Court allowed Biden administration officials to continue to contact social media platforms to combat what the officials say is misinformation, pausing a sweeping ruling from a federal appeals court that had severely limited such interactions. The justices also agreed to hear the administration’s appeal in the case, setting the stage for a major test of the role of the First Amendment in the internet era — one that will require the court to consider when government efforts to limit the spread of misinformation amount to censorship of constitutionally protected speech.

Twenty senators penned a letter to the Federal Communications Commission urging the agency to improve access to local media on streaming platforms. Current law and FCC rules state that traditional cable and satellite networks must work directly with a local television station before broadcasting local news, sports, and other programming. However, linear streaming services over the internet are not required to negotiate directly with local television stations.

Despite vowing to eschew involvement in the latest Network Neutrality drama, I cannot sit back and let stand the resumption of the distorted gospel preached by the anti-network neutrality crowd.  This group has legitimate criticisms, many of which I have tried, via hundreds of law review pages—to analyze, and even endorse, in specific instances. Network neutrality regulation will not create a suffocating Internet rate regulation regime. The Democratic majority has clearly exempted broadband internet access from Title II common rate regulation.

In his new book “Techlash: Who Makes The Rules In The Digital Age?”, former Federal Communications Commission Chairman Tom Wheeler says regulators have failed to rein in Big Tech because they’re using outdated tools. Call it something like “regulatory futurism”—Wheeler is saying now is the time for the government to get innovative by setting up new agencies with wide-reaching powers to determine what is and isn’t in the public’s best interest when it comes to tech.

NCTA: The Internet & Cable Association President and CEO Michael Powell used an opening session at his industry’s annual tech trade show to launch a full-throated, very libertarian-leaning counter-offensive to the Federal Communications Commission's plan to reinstate net neutrality rules.

The major online platforms are breaking up with news. Some executives of the largest tech companies, like Adam Mosseri at Instagram, have said in no uncertain terms that hosting news on their sites can often be more trouble than it is worth because it generates polarized debates. Others, like Elon Musk, the owner of X, have expressed disdain for the mainstream press. Publishers seem resigned to the idea that traffic from the big tech companies will not return to what it once was.

The Federal Communications Commission launched a new proceeding on restoring open internet protections for consumers and businesses. The FCC also will seek comment on proposals to ensure broadband services have effective oversight. If the proposals are adopted after the public comment period and review of that record, the FCC would once again be permitted to protect internet openness and competition, protect broadband networks from national security threats, and address public safety needs like internet outages.