The Coming War Over Net Neutrality

Posted by Tim Wu

Tom Wheeler, Obama’s nominee to run the Federal Communications Commission, surely has much he hopes to get done. Perhaps it’s freeing up some more wireless spectrum or bringing cell-phone service to Mars—who knows. But chances are (assuming his confirmation goes smoothly) that he’ll end up spending time on different challenges, and a chief candidate is a resurgence of the net-neutrality wars.

The outgoing chairman, Julius Genachowski, made many very good and important decisions, but he also made a rather terrible one that may darken Wheeler’s term. Genachowski spent years and much political capital negotiating net-neutrality rules that everyone could live with, only to enact them in a way that is highly vulnerable to a court challenge. That challenge (brought, cynically, by Verizon after it negotiated the rules it wanted) may soon invalidate years of work and create industry chaos.

The net-neutrality rules now in place reinforce the Internet’s original design principle: that all traffic is carried equally and without any special charges beyond those of transmission. Among other things, the rules are a pricing truce for the Internet; without them, we can expect a fight that will serve no one’s interests and will ultimately stick consumers with Internet bills that rise with the same speed as cable television’s.