Net Neutrality or Net Neutering: Should Broadband Internet Services Be Regulated

Randolph J. May and Thomas M. Lenard The Progress & Freedom Foundation Most of the papers in this book were originally presented at a June 2003 Progress & Freedom Foundation conference entitled, "Net Neutrality or Net Neutering: Should Broadband Internet Services Be Regulated. " As we now publish the suitably updated collection of papers, along with two others, the title remains entirely appropriate. For while calls to mandate rights of access to the broadband networks of cable operators, telephone companies, and other facilities-based broadband providers might ebb and flow, as we write this, the tide is running high. So persistent are calls for mandatory network access rights in the communications world that a book that explores the vari­ ous facets of Net Neutrality is not likely to be soon outdated. The Policy Statement released by the Federal Communications Commis­ sion in September 2005 in its long-running proceedings to establish an ap­ propriate regulatory framework for cable operator and telephone compa- provided broadband services describes the bundle of "rights" commonly un­ derstood to be encompassed under the rubric of Net Neutrality: (1) consum­ ers are entitled to access the lawful Internet content of their choice; (2) con­ sumers are entitled to run applications and services of their choice; (3) consumers are entitled to connect their choice of legal devices that do not harm the network; and (4) consumers are entitled to competition among net­ work providers, application and services providers, and content providers.