"Net Neutrality" is the first segment devoted to net neutrality in the United States of the HBO news satire television series Last Week Tonight with John Oliver. It aired for 13 minutes on June 1, 2014, as part of the fifth episode of Last Week Tonight's first season.
During this segment, as well Oliver's follow-up segment entitled "Net Neutrality II", comedian John Oliver discusses the threats to net neutrality. Under the administration of President Barack Obama, the Federal Communications Commission (FCC) was considering two options for net neutrality in early 2014. The FCC proposed permitting fast and slow broadband lanes, which would compromise net neutrality, but was also considering reclassifying broadband as a telecommunication service, which would preserve net neutrality. After a surge of comments supporting net neutrality that were inspired by Oliver's episode, the FCC voted to reclassify broadband as a utility in 2015.
Context
Last Week Tonight Prior to the 2014 segment about net neutrality, Last Week Tonight had only aired four episodes, all of which were complex investigations of obscure problems. Bloomberg News called Last Week Tonight's approach "hardly a tried-and-true recipe for TV success." The late New York Times columnist David Carr commented that prior to the net neutrality segment, he thought Oliver's comedic style would "never work."
2014 fast-lane proposal In January 2014, the United States Circuit Court of the District of Columbia provided a ruling in the case of Verizon v. FCC,Full text of decision and correction. United States Circuit Court of the District of Columbia (2014). in which Verizon Communications, an internet service provider (ISP), sued the Federal Communications Commission for violating its rights under the United States Constitution. The FCC had passed the Open Internet Order in 2010 following the outcome of Comcast Corp. v. FCC, where it was found that the FCC could not censure Comcast's interference with their customers' peer-to-peer traffic. The order was meant as a further step toward ensuring net neutrality in the sense that ISPs could not block or discriminate against lawfully operated websites, apps, or web services. The ruling in Verizon v. FCC was that the FCC could not enforce net neutrality rules as long as service providers were not identified as "common carriers". However, the FCC was given permission to regulate broadband and craft more specific rules that stop short of identifying service providers as common carriers.
The ruling created a dispute as to whether net neutrality could be guaranteed under existing law, or if reclassification of ISPs was needed to ensure net neutrality. FCC chair Tom Wheeler stated that the FCC had the authority under Section 706 of the Telecommunications Act of 1996 to regulate ISPs. However, others including President Barack Obama supported reclassifying ISPs using the Communications Act of 1934. Their reclassification would move ISPs from being a general provision, which fell under the act's Title I, to a common carrier, which fell under the act's Title II. Critics of Section 706 pointed out that the section has no clear mandate to guarantee equal access to content provided over the internet, while subsection 202(a) of the Communications Act stated that common carriers cannot "make any unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities, or services." Advocates of net neutrality generally supported reclassifying ISPs under Title II, while FCC leadership and ISPs generally opposed such reclassification. The FCC stated that if they reclassified ISPs as common carriers, the commission would selectively enforce Title II, so that only sections relating to broadband would apply to ISPs.
In April 2014, the FCC proposed a set of new regulations that, among other things, would allow for ISPs to levy charges on websites in exchange for faster connection speeds. The "fast lane", as the proposal was called, would prioritize that website's internet connection over those of other websites that did not pay, although the ISP could not outright block web users from accessing websites that did not pay for "fast lanes". In addition, in enacting these "fast lanes", ISPs had to divulge whether they were promoting the content of sponsors or affiliates. This was at least the FCC's third attempt to create internet fast lanes. By May 2014, the FCC was considering two options: permitting fast and slow broadband lanes, thereby compromising net neutrality; or reclassifying broadband as a telecommunication service, thereby preserving net neutrality. Draft plans for the "fast-lane" option were approved, with three Democratic FCC commissioners voting to have the public review the proposal, and two Republican communications voting against public feedback.
The FCC's proposal was heavily criticized for its two-tier, preferential system, whose very core would go against the principle of net neutrality. The director of the Common Cause organization's Media and Democracy Reform Initiative compared the FCC proposal to "toll roads" that "represent Washington at its worst." A reporter for The Verge wrote that these regulations "would destroy net neutrality" precisely because it slowed down traffic. In response, Wheeler said that any statements saying that the proposed regulations would restrict the open Internet were "flat out wrong".'
Episode Description Oliver delivered his 13-minute segment about net neutrality on June 1, 2014, as part of the show's main segment. He introduces the subject by praising "the internet, a.k.a. the electronic cat database," and noting how easy it is to buy merchandise such as coyote urine on the internet -{compared to if these items were bought in person. Oliver uses the coyote-urine analogy as a way to segue into a discussion of Wheeler's net-neutrality proposal. He pans "net neutrality" as a seemingly uninteresting topic, saying that videotaped FCC meetings about the issue might seem very boring "even by C-SPAN standards." Oliver then introduces the concept of net neutrality as something where all data is given the same priority regardless of its creator. He states that the Internet's relative equality, up to that point, had allowed startup companies to supersede bigger companies.
Oliver introduces the topic of how "the Internet is not broken, and the FCC is taking steps to fix that". The segment then displays some news clippings and broadcasts that explain the FCC's priority-lane proposal. Oliver returns onto the segment, and he protests vehemently against the proposed rules, jokingly stating that the rules would ensure "my startup video streaming service, Nutflix, a one-stop resource for videos of men getting hit in the nuts", would not be able to compete with larger companies like Netflix. He then takes a more serious approach, stating that the proposal would allow large ISPs such as Verizon and Comcast to buy the "fast-lane" data more easily compared to smaller ISPs with fewer funds. Oliver rebuts a telecommunication lawyer's claim that it would be a "fast-lane-versus-hyperspeed-lane" contrast, stating that the proposed rules were more comparable to Olympic gold medalist sprinter Usain Bolt versus "Usain bolted to an anchor".
The comedian refutes telecommunications companies' claims that they would not slow down other web traffic to get more internet users to subscribe to their services instead. Oliver points out an example in which Comcast slowed down Netflix download speeds in 2013 and 2014 unless Netflix paid Comcast a smooth-streaming fee. From October 2013 until Netflix finally agreed to pay in February 2014, Netflix download speeds for Comcast customers had slowed up to 25%, compared to on other ISPs where download speeds had consistently increased in the same time period. Oliver compared it to a "mob shakedown."
The comedian then says that the fight to keep net neutrality is so important that pro-net-neutrality activists are on the same side as corporations like Google, Netflix, Amazon, and Facebook, an alliance which Oliver describes as very unlikely. He compares this to Lex Luthor knocking on his nemesis Superman's apartment door for an offer to team up to "get rid of the asshole in apartment 3B". Oliver then says that the only entities that would benefit from the rule change were the cable companies who are lobbying Congress, including Comcast, who is the second-largest congressional lobbyist. Oliver says that President Barack Obama had been seen golfing with Comcast's CEO Brian Roberts, as well as invited Roberts to a fundraiser dinner. He also states that Obama's nomination of Tom Wheeler, a former cable and wireless lobbyist, for the FCC Chairman position was "the equivalent of needing a babysitter and hiring a dingo".
Oliver cites a 2010 FCC report on broadband, and says that 96% of Americans have at most two cable broadband providers to choose from. The segment then displays a clip of Roberts saying that if Comcast were to merge with another major ISP like Time Warner, there would be no reduction in competition. Oliver responds, "you could not be describing a monopoly more clearly if you were wearing a metal top hat", a player token used in the game Monopoly. Then the segment shows a graphic of Ookla Speed Test that shows a list of countries, sorted by their average broadband speed. The U.S., ranking 31st on the list, had an average speed slower than Estonia, a country Oliver described as "still worried about Shrek attacks". Oliver goes on to point out that Comcast and Time Warner had the lowest customer satisfaction ratings of any corporation in America, according to the quarterly American Customer Satisfaction Index that was released two weeks prior to the segment. He says that ISPs were not being truthful when they said they are committed to an open internet, and that representatives for the ISPs describe their plans in such a boring way that it goes unnoticed by many Americans. Oliver quips, "The cable companies have figured out the great truth of America: if you want to do something evil, put it inside something boring", comparing it to Apple Inc. putting Mein Kampf inside their user agreement.
At the end of the segment, Oliver displays the web address for the FCC's comment section. He delivers an exhortation toward "the Internet commenters out there", saying that "we need you to get out there and, for once in your life, focus your indiscriminate rage in a useful direction. Seize your moment, my lovely trolls, turn on caps lock, and fly my pretties! Fly! Fly!"
Aftermath The segment received 800,000 views on YouTube in two days, while the TV broadcast saw over 1 million views. The segment was thought to spur over 45,000 comments on the FCC's electronic filing page about the net neutrality proposal. The FCC also received an extra 300,000 comments in an email inbox designated specifically for the proposal. By comparison, the proposal with the second highest number of comments had 2,000 such responses. The day after the episode, the FCC comment page experienced a surge in traffic. Shortly after the first segment aired, the FCC website crashed, and Last Week Tonight viewers noted that the website's commenting function was not working. A spokeswoman for the FCC said that it was "unclear if the high volume was directly related to the John Oliver segment".