The Internet Needs Fair Rules of the Road – and Competitive Drivers

In the past few weeks, the Biden Administration has finally moved forward with nominations to the Federal Trade Commission and the Federal Communications Commission. As the agencies move forward, fully staffed at last, we hope they will both recognize the role they can play in promoting net neutrality – meaning, in preventing ISPs from taking advantage of their effective gatekeeping roles to favor some services over others. Most people think of net neutrality as the province of the FCC, at least at the federal level. But that view loses sight of a prior problem: lack of competition in the ISP space. If we had a competitive broadband market, we might not need net neutrality rules, or at least not so many. But we don’t. If we had good net neutrality rules, the lack of competition might be less dangerous. Right now, in most places, we have neither. Instead, a few major companies—AT&T, Verizon, Comcast, and the like—have enormous power over our access to essential services, power they can use, in turn, to manipulate our online experience promoting or prioritizing some services over others.

[Katharine Trendacosta is Associate Director of Policy and Activism and Corynne McSherry is Legal Director at the Electronic Frontier Foundation.]