AT&T has placed a few full-page ads explaining that it is pro-net neutrality, it has always been pro-net neutrality and that Congress once and for all should enshrine net neutrality principles in law.
No, it’s not opposite day. This is a clever play by AT&T aimed not at protecting users, but kneecapping edge providers like Facebook and Google. It’s like the fox calling for a henhouse bill of rights.
First, the idea that AT&T is in favor of net neutrality — the net neutrality we all had and enjoyed — is laughable.
The company fought tooth and nail against the 2015 rules while they were being prepared, fought them while they were in force and fought for their rollback and replacement with the new, weaker ones. It fought against municipal broadband, pushed the limits of what constitutes a violation of net neutrality and, of course, the blockage of FaceTime on its network is one of the textbook cases of why we need it in the first place.
Gigi Sohn, once former FCC Chairman Tom Wheeler’s counselor, and now among other things a Mozilla Tech Policy Fellow, isn’t having it. “They’ve done everything in their power to undermine consumer protections, competition, municipal broadband… it’s hypocrisy to the tenth degree,” she told me.
But let’s just hear what AT&T has to say.
“Courts have overturned regulatory decisions. Regulators have reversed their predecessors… it’s understandably confusing and a bit concerning when you hear the rules have recently changed, yet again,” writes chairman and CEO Randall Stephenson, who fails to mention that his company has been deeply involved in those changes, spending lavishly on lawyers, lobbyists and the elections of officials friendly to the company.
“AT&T is committed to an open internet. We don’t block websites. We don’t censor online content. And we don’t throttle, discriminate, or degrade network performance based on content,” he continues. “Period.”
In fact, an FCC report issued early last year (just before inauguration day) concluded that “AT&T offers Sponsored Data to third-party content providers at terms and conditions that are effectively less favorable than those it offers to its affiliate, DirecTV.” And of course there’s the FaceTime thing. And the fact that paid prioritization isn’t mentioned by AT&T as a bad thing (it’s not “based on content” if it’s based on whose content it is).
“But the commitment of one company is not enough,” Stephenson writes, as if the company’s commitment was not only real, but the only one extant. “Congressional action is needed to establish an ‘Internet Bill of Rights’ that applies to all internet companies and guarantees neutrality, transparency, openness, non-discrimination and privacy protection for all internet users.”
The privacy protections AT&T lobbied to undermine? Never mind. Leaving aside that AT&T is the last company on earth we should listen to when it comes to such a theoretical Congressional action, this paragraph is where the real sleight of hand happens. Three little words:
“All internet companies.”
Tarring the fortunate ones