This seriously distorts the issue by ignoring the fact that the Internet is a commons. Although the idea of the commons can be traced back to Roman times, it currently gets relatively little attention in the media, in politics and even in contemporary works of political theory and philosophy. As a result, the general public has at best a rather cloudy understanding of the concept. (I include myself in that category.) The lone exceptions might be found in some works on environmental preservation and related utopian thinking about alternative futures. This is regrettable. The commons are actually very valuable attributes of most contemporary societies but in predominantly capitalist countries like ours, they are under constant threat of enclosure by mega-corporations that have undue influence over lawmakers. Internet neutrality is just one such case among many. For a good account of the scope of the threat, see David Bollier’s Silent Theft.
Rather than attempt a careful definition of the commons (I don’t have one), I will focus on two of its central features worth noting. A commons is a highly valued public asset or pattern of behavior that is (a) regarded as of such high value that it is felt by the public that special effort ought to be made to ensure that it can be experienced or practiced by future generations in perpetuity and (b) it cannot be privately owned or controlled without risking deleterious consequences to its value as a common public asset. The commons are, or should be, off-market. Some commons are publicly owned (parks, rivers, lakes, forests), other commons are unowned but their use can be regulated in ways that preserve their value to the public (the human genome, Antarctica, the free electoral process in democracies, basic scientific research).
The Internet is clearly a commons of inestimable value. Thanks to the technology, it is probably the first truly international commons. It has made information on almost every conceivable subject readily accessible to a significant and rapidly growing portion of the world’s population, along with the opportunity to engage in an open-ended electronic conversation about the reliability and significance of that information. The desire of some ISPs to fast-track – at their discretion – some of the more lucrative Internet sites would clearly diminish the value of the Internet commons to all other users. And if such a special permission were granted, it would very likely not be the last.
Moreover, fast-tracking would be profoundly unfair. The ISPs did not create the Internet. It was the work of a research arm of the Defense Department along with the collaboration of some American research universities, mostly taxpayer financed public entities. Nor did the ISPs build or pay for the satellite infrastructure that is the backbone hardware of the Internet. The ISPs just dropped in at the end of the line to make the connections between their microwave towers and individual homes and offices. Fast-tracking would be an outrageous enclosing of an invaluable commons.
One possible objection to this argument for Internet neutrality is that it turns a blind eye to the vast amount of Internet traffic that is far from anything one could reasonably consider a common public good, e.g. the streaming of Hollywood movies, pornography, and the widespread us of the social media for trivial ends. The point can be granted but it does not detract from the fact that a substantial part of the Internet serves the commons. We can all live with the fact that another part of the Internet serves relatively trivial personal ends.