The New Net-Neutrality Debate: What’s the Best Way to Discriminate?

The net neutrality debate is now asking not whether to discrimate, but how?

Supporters and opponents of the Federal Communications Commission's proposed net neutrality rules achieved a rare moment of agreement Thursday. Speaking at a panel discussion organized by the Washington, D.C.-based think tank Arts + Labs, Public Knowledge Legal Director Harold Feld, a strong proponent of the regulation, acknowledged that complete neutrality toward all bits on a network can never be achieved and should not be policymakers' goal. Where Feld parted company with opponents of regulation was on the question of how to decide which bits are more equal than others. That question has quickly emerged as the crux of the debate since the FCC made clear that its definition of net neutrality includes allowances for "reasonable network management."

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