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Open Internet Order

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Media Law and Policy

Definition

The Open Internet Order refers to a set of regulations established by the Federal Communications Commission (FCC) in 2015 aimed at ensuring net neutrality and preventing internet service providers (ISPs) from discriminating against or throttling online content. This order classifies broadband internet access as a telecommunications service under Title II of the Communications Act, thus affording it greater regulatory protections. By doing this, it seeks to maintain a level playing field for all internet users and content providers, promoting free expression and innovation.

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5 Must Know Facts For Your Next Test

  1. The Open Internet Order was enacted during the Obama administration and aimed to prevent ISPs from blocking or throttling access to legal content and applications.
  2. The order was challenged in court by several major ISPs but was ultimately upheld by the U.S. Court of Appeals for the District of Columbia Circuit in 2016.
  3. In 2017, the FCC under Chairman Ajit Pai voted to repeal the Open Internet Order, sparking significant public debate about the future of net neutrality.
  4. The Open Internet Order was designed to promote competition and innovation by ensuring that new startups could compete on an equal footing with established companies.
  5. The principles established in the Open Internet Order are often viewed as essential for protecting free speech online and fostering an open and accessible internet.

Review Questions

  • How did the Open Internet Order aim to ensure net neutrality and protect consumer rights?
    • The Open Internet Order aimed to ensure net neutrality by classifying broadband internet access as a telecommunications service under Title II of the Communications Act. This classification allowed the FCC to impose regulations preventing ISPs from blocking or throttling content. By doing so, it protected consumer rights by ensuring that all users had equal access to information and services online, fostering competition and innovation across various sectors.
  • Discuss the implications of repealing the Open Internet Order on competition and innovation in the digital landscape.
    • Repealing the Open Internet Order raised concerns about potential negative effects on competition and innovation within the digital landscape. Without the protections afforded by net neutrality, ISPs could prioritize certain content or services over others, creating barriers for smaller companies and startups. This could stifle innovation as new players might struggle to compete against larger corporations that can pay for preferential treatment, ultimately leading to less diversity in online offerings.
  • Evaluate how the legal challenges surrounding the Open Internet Order reflect broader societal concerns about internet access and regulation.
    • The legal challenges surrounding the Open Internet Order highlight significant societal concerns about internet access as a fundamental right and the role of government regulation in maintaining a fair digital environment. As court cases unfolded, they underscored conflicting views on whether ISPs should be allowed to control access to information. The debates also illustrated growing anxiety over potential monopolistic practices that could emerge if net neutrality principles were abandoned, signaling a broader societal push for transparency and equitable treatment in digital communication.

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