Some net neutrality proponents are worried that soon-to-be-approved Federal Communications Commission rules will allow harmful fast lanes because the plan doesn't explicitly ban "positive" discrimination.
FCC Chairwoman Jessica Rosenworcel's proposed rules for Internet service providers would prohibit blocking, throttling, and paid prioritization.
Stanford Law Professor Barbara van Schewick, who has consistently argued for stricter net neutrality rules, wrote in a blog post on Thursday that "harmful 5G fast lanes are coming."
In a different filing last month, several advocacy groups similarly argued that the "no-throttling rule needs to ban selective speeding up, in addition to slowing down."
That filing was submitted by the American Civil Liberties Union, the Electronic Frontier Foundation, the Open Technology Institute at New America, Public Knowledge, Fight for the Future, and United Church of Christ Media Justice Ministry.
The draft order argues that the FCC's definition of "throttling" is expansive enough that an explicit ban on what the agency called positive discrimination isn't needed:
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