In Support of Network Neutrality

Abstract

In order to preserve the rapid rate of innovation generated by the Internet, Congress must act to maintain the Internet’s network neutrality and its “end-to-end” design. To accomplish this goal, Congress should adopt the “Internet Freedoms”— access to content, use of applications, attachment of personal devices, and obtainment of service plan information — proposed by Federal Communications Commission (“FCC”) Chairman Michael Powell. In addition to adopting these freedoms, Congress should further act to prevent access-tiering — whereby providing content or service on a network is contingent upon the payment of a fee. Adopting an access-tiering policy would inhibit the fair competition of newly emerging Internet services and thereby delay further Internet developments at a time when the Internet is critical for the U.S. economy. Instead of adopting an access-tiering policy, Congress should preserve the current end-to-end design because it facilitates competition and creates innovative Internet uses at the margins of the network.