One of the most commonly cited reasons for overturning the 2015 regulations is that internet service providers abided by neutrality principles before the rules were adopted. As we’ve
written before, that’s not entirely accurate. When Americans first began dialing up in the 1990s, it was via phone lines that were regulated under Title II of the Communications Act, meaning they could not discriminate based on the content. When the phone companies began switching to DSL broadband for internet access, that too was regulated under Title II. That’s why the FCC intervened in an oft-cited case in which Madison River Communications, a small DSL provider, blocked access to Vonage, an internet phone service. DSL was regulated under Title II at the time, allowing the FCC to step in and compel Madison River to restore access to Vonage. Rules regulating internet conduct weren’t new in 2015, either. The FCC first outlined protections for internet users in a 2005 policy statement, and then created a more robust set of rules in 2010. Rolling back Title II protections for broadband doesn’t restore the internet to some glorious past in which broadband providers operated unfettered. It ushers the internet into a brave new world in which the FCC is hopeless to stop future attempts to prioritize or suppress certain kinds of traffic.