Thoughts on Network Neutrality, the FCC, and the Future of Internet Governance

Today the United States Federal Communications Commission (FCC) voted to extend the rules that previously regulated the telephone industry to now regulate Internet Service Providers (ISPs). The Commission did this in order to preserve the principle of network neutrality. Broadly stated, this principle is that networks should not discriminate against content that passes through them.
At CloudFlare, we are strong proponents of network neutrality. My co-founder, Michelle Zatlyn, sat on the FCC's Open Internet Advisory Committee. The work of that committee played a role in guiding today's vote. So there is a large part of us that is celebrating today.
At the same time, I have deep concerns that proponents of a free and open Internet may look back on today not as a great victory, but as the first step in what may turn out to be a devastating loss. The Internet has largely been governed from the bottom up by technologists seeking rough consensus and running code. Today's action by the FCC may mark the beginning of a new era where the Internet is regulated by lawyers from the top down. As a technologist and recovering lawyer, that worries me.
The Threat to the Network
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