What Is Net Neutrality? Policies and Controversy

What Is Net Neutrality?

Net neutrality is a policy that requires internet service providers (ISPs) to provide equal access to the internet, with no changes in speed, regardless of content, user, platform, application, or device. In the U.S., after years of back-and-forth between administrations, the policy was struck down by an appeals court in 2025.

Understanding Net Neutrality

Net neutrality is a policy that makes the internet more equally accessible. It requires ISPs to provide the same level of data access and speed to all traffic. In addition, ISPs cannot block content or engage in throttling to limit user upload and download rates.

Supporters say net neutrality is essential for an open internet, as it prevents ISPs from blocking or filtering online content, or giving preferential internet speeds based on business agreements. They argue that cable companies should be classified as "common carriers," like public utility companies or public transportation providers, which are forbidden by law from discriminating among their users.

Critics such as conservative think tanks, hardware companies, and major telecommunication providers argue that the policy stifles market competition and innovation.

History

The Obama administration advanced net neutrality legislation in 2015 and enacted rules that barred ISPs such as AT&T and Comcast from deliberately speeding up or slowing down traffic to or from specific websites based on demand or business preferences.

However, in 2017, the Federal Communications Commission (FCC), under President Trump, eliminated all net neutrality protections and renounced its authority over broadband. It also allowed states to implement their own open internet rules.

In July 2022, Senators Edward J. Markey (D-Mass.), Ron Wyden (D-Ore.), and Representative Doris Matsui (CA-06) introduced the Net Neutrality and Broadband Justice Act. This legislation would classify broadband internet access as a telecommunications service under Title II of the Communications Act, giving the FCC the appropriate authority to reinstate net neutrality protections.

In April 2024, the Federal Communications Commission (FCC) restored net neutrality. In August 2024, a federal appeals court put the policy on pause at the request of a trade group that represented ISPs. In January 2025, a federal appeals court struck delivered the final blow against net neutrality in the U.S.

Arguments for Net Neutrality

• Supporters say that net neutrality ensures an open internet and prevents broadband providers from practicing data discrimination as a competitive tactic.
• Supporters say that smaller companies will be more likely to enter the market and create new services.
  

Criticism of Net Neutrality

• Critics say that forcing ISPs to treat all traffic equally will ultimately discourage the investment in new infrastructure and will also create a disincentive for ISPs to innovate.
  
• Critics say that tiered prices allow ISPs to remain competitive and generate the funds needed for further innovation and expansion of broadband networks, as well as to recoup the costs already invested in broadband.

Examples of Net Neutrality Violations

Following the 2017 repeal of net neutrality in the U.S., several violations were studied, including:

• YouTube and Netflix were slowed by wireless carriers, using a fraction of the available speed.
• Verizon’s throttling of services affected the Santa Clara County Fire Department’s ability to provide emergency services during the California wildfires.
• Comcast introduced new speed limits where videos will be throttled to 480p on all its mobile plans unless customers pay extra.
• AT&T introduced a "Turbo" add-on feature for its mobile data plans, which allows users to pay an extra amount for faster speeds. While technically allowed (as it is a service tier), it raised questions as a potential net neutrality violation.
  

The Bottom Line

Net neutrality has had a few twists and turns in the U.S. First enacted by the Obama administration as a policy regulated by the FCC, it was gutted by the Trump administration, and then reinstated by the Biden administration. In January 2025, it was struck down by a federal appeals court. But the policy lives on elsewhere around the world, including the EU and India.