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Is the Internet about to get sloooooow?
By Barbara van Schewick
updated 11:23 AM EDT, Wed September 10, 2014
Barbara van Schewick says new rules being considered by the FCC threaten our ability to access Web content of our choice.
STORY HIGHLIGHTS
- Writer: Some tech firms will participate in Internet slowdown Wednesday to send message
- If FCC lets Net providers give "fast lanes" to sites that pay, innovation suffers, she says
- Such rules favor deep-pocketed established companies, not scrappy new ones, she says
- Writer: Ask FCC to reject proposal, set rules that prevent providers from discriminating
Editor's note: Barbara van Schewick is
an expert on net neutrality, a professor at Stanford Law School and
director of the Stanford Law School Center for Internet and Society. She
is the author of "Internet Architecture and Innovation." Follow her on Twitter at @vanschewick. Valarie Kaur,
a media and strategy fellow at the Stanford Law School Center for
Internet and Society, contributed to this article. The opinions
expressed in this commentary are solely those of the author.
(CNN) -- On Wednesday, millions of Americans visiting their favorite websites
will encounter the same dreaded image: the spinning wheel of death. This is the symbol of the great
"Internet Slowdown" -- a coordinated day of action among hundreds of organizers and some of the world's
largest tech firms,
including Netflix, Twitter, Etsy, Kickstarter, Mozilla, Foursquare,
Reddit, and WordPress. Together they are showing the American public
what most of the Internet would look like in a world without "net
neutrality." In a word: slow.
These spinning wheels of
death foreshadow a future that could be right around the corner. If the
Federal Communications Commission adopts its proposed rules, Internet
service providers like Comcast or Verizon will be allowed to provide
"fast lanes" to websites and services that pay, and slow lanes to the
rest. This means that it will be harder for Americans to access those
sites that can't afford to pay fees -- including those of new
businesses, nonprofits, educators, artists, activists, and faith groups.
The result? Startup innovation, free expression, and democratic
discourse in America will suffer.
The good news is that
it's not too late to save the Internet as we know it. The FCC is legally
obligated to listen to the American people before adopting its rules.
The deadline for submitting comments is September 15, so this is our
chance to speak up.
There is much at stake.
The FCC's proposed rules threaten our ability to access the
applications, content, and services of our choice -- the very principle
behind "net neutrality," the idea that high-speed Internet providers
should treat all types of Web content equally.
Companies that provide
gateways to the Internet shouldn't interfere with our ability to access
what we want online, whether through blocking, discrimination, or giving
better service to those who can pay. The FCC's current proposal would
allow them to do just that. This means that we could encounter the
spinning wheel of death on any site that can't afford to pay.
"Slow lanes" spell doom
for innovation. On the Internet, the costs of innovation are incredibly
low, and entrepreneurs don't need massive upfront funding or permission
to pursue their ideas. The proposed rules would change that. If
established companies can pay so that their content loads faster or does
not count against users' monthly bandwidth caps, then that student
working on a bright idea in a dorm room doesn't have a chance to
compete.
Many of today's popular
applications -- Google, Facebook, Skype, or eBay -- were developed by
innovators with little or no outside funding. In a world where such
innovations are stuck in the slow lane, they would have never seen the
light of day.
Innovation isn't the only
thing that will suffer. Today, the open Internet is also a space where
all Americans, no matter the color of their skin or size of their
wallets, have an equal opportunity to express themselves, organize
politically, and connect with one another. Under the new rules, it will
be harder to hear those who can't pay -- educators, nonprofits,
activists, writers, independent filmmakers and musicians. If Internet
service providers have the power to block, discriminate or charge access
fees, we risk losing this critical space for democratic discourse,
political action, and creative expression.
According to FCC Chairman Tom Wheeler,
the FCC doesn't need to ban access fees to prevent this from happening.
Instead, the chairman proposes regulating the quality of Internet
service to make sure that the slow lane is not too slow. If the slow
lane is good enough, he argues, those who can't pay can still get to
their users and have a chance to compete.
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But it's not the quality
of the slow lane that is the problem; it's that there IS a faster lane
that provides a better experience. According to research,
increasing load times
by as little as 100 milliseconds reduces the amount of time people
spend on a site, how much they buy, and whether they come back.
Thus, under the FCC's
proposal, those who can't pay to be in the faster lane will have fewer
users or readers, fewer sales, and less advertising revenue. This
problem affects every application, website and service, not just
delay-sensitive applications like online video. Improving the quality of
the slower lane does not remove that problem. We are still stuck with
the quality differential between paying and nonpaying applications.
So what should we do? We should
ask the FCC
to throw out the current proposal and instead adopt strong rules that
do not allow Internet service providers to block or discriminate or
charge access fees.
Such rules exist. In
2010, the FCC adopted Open Internet Rules that weren't perfect, but a
step in the right direction. A federal court struck down those rules
this year on a technicality: The FCC adopted them under the wrong
authority.
According to the court,
a ban on access fees can only be imposed on entities that -- unlike
Internet service providers -- have been classified as common carriers
under Title II of the Communications Act.
The solution is simple.
The FCC needs to reclassify Internet service providers as "common
carriers" and enact the network neutrality rules we need under Title II
of the Communications Act.
Wednesday's "Internet
Slowdown" is a glimpse into the future, but we have the power to avoid
that fate. More than 1.2 million comments are
already filed with the FCC.
People who care about the open Internet are calling on Congress and the
White House to stand with them. We should join them. As long as the
Internet is an open and equal space, we have a voice. Let's not squander
the moment.
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