Internet giants unite to challenge Pai’s net neutrality repeal

08 Jan 2018

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An industry group that represents the biggest US technology companies said on Friday that it planned to join a looming legal fight against the Federal Communications Commission over its repeal of so-called net neutrality rules.

In its announcement, the group, the Internet Association, made clear for the first time that Facebook, Google, Netflix and other large tech firms would put their reputations and financial clout behind the challenge.

The issue of regulating internet service providers to maintain an open internet has wound through the courts and the commission for more than a decade. The repeal in December, led by Ajit Pai, the commission chairman, attracted strong opposition.

Internet Association President and chief executive officer Michael Beckerman said in a statement, ''The final version of (FCC) chairman (Ajit) Pai's rule, as expected, dismantles popular net neutrality protections for consumers. This rule defies the will of a bipartisan majority of Americans and fails to preserve a free and open internet.

''IA intends to act as an intervenor in judicial action against this order and, along with our member companies, will continue our push to restore strong, enforceable net neutrality protections through a legislative solution.''

Lawsuits seeking to block the commission's new policy, which was approved in December, are expected in the weeks ahead, once the rules take effect. The rules will let internet service providers block online content, or charge websites for not slowing down delivery to consumers, rolling back the protections against such actions that were adopted in 2015 under the Barak Obama administration. (See: FCC's Ajit Pai set to dismantle Obama-era net neutrality rules).

Several public interest groups, including Free Press and Public Knowledge, and some start-ups have announced plans to challenge the commission's move weeks ago, but the Internet Association had been undecided about how to respond. Before the commission voted on the repeal, some of America's biggest tech companies, Facebook and Google in particular, took a back seat during public protests over the issue, according to The New York Times.

On Friday, a day after the commission released the 539-page final rules, the Internet Association said it would join the coming legal case against them.

Netflix, whose data-heavy video streams could face extra charges by internet service providers, also said it would support a legal challenge.

''In 2018, the Internet is united in defense of #NetNeutrality. As for the FCC, we will see you in court,'' the company said in a message posted on Twitter.

Pai has said the new rules would encourage more investment and innovation by internet service providers. He has also argued that the change would withstand any legal challenge, as it essentially restores the rules to what they were before 2015.

Public interest groups are trying to make net neutrality an issue in this year's midterm elections. They have deployed text and email campaigns meant to pressure lawmakers to support a congressional reversal of the commission's action.

''We'll be going to court soon to challenge the FCC and ramping up pressure on Congress to throw the rules out altogether,'' said Craig Aaron, president of Free Press. Pai, he said, had ''awakened the public''.

The strong response to the repeal has also led to some safety concerns. At the commission meeting where the new rules were approved, law enforcement officials briefly cleared the room to address an unspecified security issue.

Pai canceled a scheduled appearance at the tech industry's CES trade show next week. The commission declined to say why he would not attend, but has previously confirmed that he and his family had recently received threats by phone and email over the net neutrality issue.

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