October 2015 515 C&RL News

Emily Sheketoff is executive director of the ALA 
Washington Offi  ce, email: esheketoff @alawash.org

W a s h i n g t o n  H o t l i n eEmily Sheketoff

Library groups on the front lines in 
net neutrality � ght
Once again, library groups are on the front 
lines fi ghting to preserve an open internet, 
this time taking our advocacy to the courts 
to support the strong, enforceable open in-
ternet rules issued in February by the Federal 
Communications Commission (FCC). ACRL, 
partnering with the ALA, the Association of 
Research Libraries, and the Chief Offi cers of 
State Library Agencies, fi led an amicus brief 
in September supporting the FCC’s strong net 
neutrality rules, which are being challenged 
in the U.S. Court of Appeals for the District 
of Columbia Circuit by large broadband pro-
viders in the case of United States Telecom 
Association (USTA) v. FCC and United States 
of America.

ALA, ACRL, and our other library partners 
on the brief argue that the FCC’s order is 
necessary to protect the mission and values 
of libraries and the rights of library patrons 
to fully access and use online content, par-
ticularly with respect to rules prohibiting paid 
prioritization. In addition, we make the case 
that the FCC’s general conduct standard is an 
important tool in ensuring the open character 
of the Internet is preserved, allowing the 
Internet to continue to operate as a demo-
cratic platform for research, learning, and the 
sharing of information. This is a standard that 
library and higher education groups specifi -
cally brought forward to refl ect the dynamic 
nature of the Internet and Internet innovation 
and to extend protections against question-
able practices on a case-by-case basis.

We decided to pursue our own separate 
legal brief to maintain visibility for the specifi c 
concerns of the library community, best sup-
port and buttress the FCC’s strong protections, 

and complement the fi lings of other network 
neutrality advocates. This marks a continua-
tion of advocacy begun after the U.S. Court of 
Appeals struck down the last Open Internet 
Order in January 2014. FCC responded to a 
record-breaking national response in support 
of network neutrality by issuing bright-line 
rules that ban blocking or throttling of legal 
content, applications, and services, as well 
as paid prioritization of some Internet traffi c 
over other traffi c. 

ALA is also aggressively working to op-
pose congressional efforts to defund the 
FCC rules.

Taking our fi ght on behalf of strong net 
neutrality rules to the Hill, the ALA Wash-
ington Offi ce is actively opposing ongo-
ing Republican efforts to insert defunding 
language in appropriations bills that could 
effectively block the FCC from implementing 
its net neutrality order. That language would 
prohibit the FCC from spending funds to 
implement or enforce its net neutrality rules 
during FY2016 until legal cases and appeals 
are resolved (see above legal update). ALA 
has been meeting with congressional leaders 
to oppose these measures and will continue 
to lobby against any congressional efforts to 
delay or prevent the FCC from carrying out 
its net neutrality order. 

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