Should All Content On The Internet Be Treated Equally? (H.R. 196)

What is H.R. 196?

(Updated January 15, 2020)

This bill would direct the Federal Communications Commission (FCC) to create regulations prohibiting internet providers for consumers (think Comcast or Verizon) from doing either of the following:

• Entering into an agreement with an ‘edge provider’ (providers of content like Netflix, or applications and services like Google) to give them preferential treatment or priority to their web traffic in exchange for payment.

• Giving priority or preferential treatment to content, apps, services, or devices associated or operated by an internet provider or one of their affiliates.

These requirements would not supersede any existing obligations or authorizations for broadband providers that enable emergency communications, law enforcement, public safety, or national security issues.

Argument in favor

Paid prioritization of online content would fundamentally change the way the Internet works. All web traffic should be treated equally — not based on how much (or how little) an online organization can pay.

Argument opposed

The government shouldn't be able to dictate how broadband providers offer services. Restricting operations will harm the future of innovation and investment in broadband, and gives the FCC an open-ended invitation to regulate.

Impact

EVERYONE on the Internet, broadband providers, and the FCC.

Cost of H.R. 196

A CBO cost estimate is unavailable.

Additional Info

In-Depth:

The debate over net neutrality — whether or not internet providers should be able to receive payment for prioritizing certain online content — will take another step towards resolution when the FCC votes in late February on a proposed net neutrality rule.

Many expect that the FCC will vote to pass a rule granting the agency much broader authority when regulating internet-providers, effectively treating them like utility companies. In the past, three previous sets of rules related to net neutrality that the FCC produced were struck down by courts.

Republicans are planning to introduce competing legislation that bans the paid prioritization of content providers on the internet, but also blocks the FCC from issuing regulations on additional subjects related to internet-providers.

Of Note:

A version of this bill was introduced in the last session of Congress, but it failed to receive a vote in the House or the Senate.

Media:

Sponsoring Rep. Doris Matsui (D-CA) Press Release

IT World

The Hill (Previous version)

New York Times (Context)

Wall Street Journal (Context)

Computer World (Context)