THIS IS NOT REAL NET NEUTRALLITY
This bill is a wolf in sheep's clothing.
For example, these principles would not have prevented AT&T from limiting FaceTime to particular tiers of service – as it tried to do in 2012. It would not address discriminatory use of data caps, such as Comcast has used to favor its own streaming content over that of rivals. It would not address potential issues arising at Internet interconnection, the gateway to the last mile. Even worse, by eliminating any flexibility on rulemaking or enforcement, the bill would prevent the FCC from addressing any new forms of discrimination and threats to openness that arise.
Even with the protection the draft does provide – addressing blocking, fast lanes, and throttling – it opens a huge, undefined loophole of ‘specialized services.’ As this draft reads, Comcast or AT&T or any other provider can offer its over-the-top online streaming service as a ‘specialized service’ and give itself prioritized service. Companies could essentially sell prioritized service to specific applications or content simply by calling these fast lanes ‘specialized services.’
But while consumers lose, Hollywood wins. The draft contains a special carve out so that broadband providers can act as Hollywood’s special enforcers
This draft would prevent the FCC from providing more clarity about what behavior runs afoul of the stated Internet openness principles. By requiring that the FCC only hear complaints, only the most well-heeled and well-lawyered companies and individuals may be able to enforce their rights.