Net neutrality

== Definitions ==Net neutrality: "the principle that Internet service providers and governments should treat all data on the Internet equally, not discriminating or charging differentially by user, content, site, platform, application, type of attached equipment, or mode of communication." http://en.wikipedia.org...Antitrust laws: "a collection of federal and state government laws, which regulates the conduct and organization of business corporations, generally to promote fair competition for the benefit of consumers ... restrict the formation of cartels and prohibit other collusive practices regarded as being in restraint of trade ... restrict the mergers and acquisitions of organizations which could substantially lessen competition ... [and] prohibit the creation of a monopoly and the abuse of monopoly power." http://en.wikipedia.org... == Rebuttal == Pro claims that net neutrality is necessary to stop ISPs from slowing down the Internet. But the reality is much different. ISPs could only do that if there were no competition. That means they'd have to collude with each other, or have a monopoly (and abuse that monopoly power). Both of those are illegal under current antitrust laws (Section 1 and 2 of the Sherman Act). So net neutrality isn't necessary to stop ISPs from slowing down the Internet. If an ISP did slow down the Internet while charging monopoly prices, another company would provide faster service at a competitive price, and consumers would buy their Internet from the company providing faster service at a competitive price. That's how a free market works. We don't neet net neutrality laws to regulate an area that's already regulated by antitrust laws.== Argument ==The net neutrality debate turns on the idea that there are bottlenecks on the Internet which allow network owners to exercise market power. For example, if a local company has a monopoly in Internet access and blocks subscribers from using an Internet phone service offered by a rival company, that could harm both competition and consumers. The question is whether we should require net neutrality, or whether we should regulate that sort of anticompetitive practice through other means (i.e. antitrust laws).The problem with requiring net neutrality is that net neutrality doesn't distinguish between procompetitive discrimination and anticompetitive discrimination. Under a net neutrality regime, networks can't favor traffic from a patient's heart monitor over traffic delivering a music download. Or worse, networks can't restrict downright harmful traffic, such as viruses, worms, and spam. Instead, all Internet traffic must be treated equally. Antitrust laws, on the other hand, allow procompetitive discrimination while also prohibiting anticompetitive discrimination.(1) An unregulated Internet is better than a regulated Internet.The Internet has always been shaped by intense competition and rampant growth. Entrepreneurs have had the latitude to experiment with new and different business models. And as a result, in the absence of heavy government regulation, and "due in large part to private investment and market-driven innovation, broadband in America has improved considerably in the last decade. More Americans are online at faster speeds than ever before." [1]Rigid net neutrality laws would change that. Instead of allowing the free market to guide investment dollars where needed, and allowing businesses to act based on the best use of scarce resources like bandwidth, the government would dictate many of these decisions, chilling competition, growth, and innovation.(2) Net neutrality doesn't distinguish between procompetitive and anticompetitive practices.Entrepreneurs often experiment with new and different business models -- e.g. prioritizing network traffic -- to lower prices and improve customer experience. Lariat Wireless, for example, a small internet service provider ("ISP") in Wyoming, forbids its customers from operating servers, to reduce network congestion and improve the overall experience for their users. Brett Glass, the CEO, explains: "most Internet users would not know what a server was if it bit them, and they have no problem uploading content to a Web site such as YouTube for distribution. This means customers that do need to operate a server could obtain that capability by paying a bit more to cover the additional cost." Under a net neutrality law, however, Lariat Wireless would be forced to shift "everyone to the more expensive plan. We will therefore be less competitive, offer less value to consumers and especially less value to economically disadvantaged ones." [2]Unregulated markets give entrepreneurs the latitude to experiment as such, producing procompetitive outcomes: more options, lower prices, and better quality services. But a net neutrality requirement would categorically condemn all discriminatory practices, without distinguishing the good, procompetitive ones from the bad, anticompetitive ones.(3) Current antitrust laws are enough to protect consumers and competition.Antitrust laws protect consumers from anticompetitive business practices -- monopolization, collusion, price-fixing, etc. Under these laws, courts ask whether there's been actual harm to consumers or competition before condemning a business practice. If there's been a showing of harm to consumers or competition, then the company harming the consumer or competition faces heavy fines and even prison. This approach is more nuanced, fact-based, and flexible, and it's better for the economy because it gives entrepreneurs latitude to experiment.Pro says that ISPs could slow down the Internet and force content providers to pay for so-called "fast lanes." But if that actually harms competition or consumers, it's already illegal under current antitrust laws. An FCC Commissioner, Robert McDowell, even notes that "in the almost nine years since [net neutrality] fears were first sewn, net regulation lobbyists can point to fewer than a handful of cases of alleged misconduct, out of an infinite number of Internet communications. All those cases were resolved in favor of consumers under current law." [3] There is simply no reason to prefer displacing the antitrust laws -- flexible, nuanced, fact-based enforcement -- with a rigid net neutrality regime.Sources:[1] http://transition.fcc.gov...[2] http://judiciary.house.gov...[3] In re Preserving the Open Internet Broadband Indus. Practices, 25 FCC Rcd. 17,905 (2010)