Position Paper

How Title II Protects Our Digital Civil Rights

Broadband is as necessary as water, gas, and electricity

Over 73% of Americans say that the internet has been essential to functioning in their daily lives. As an organization dedicated to upholding the core values of American democracy, Common Cause understands the importance of a free, open and accessible internet for everyone. Broadband contributes to an informed and engaged public, and without it we have no functioning democracy.

Broadband has fundamentally changed what participation in our democracy looks like.

Ways We Rely on Internet Access to Participate in Our Democracy:

  • Registering to vote/ Looking up voter registration status
  • Tracking Mail Ballots
  • Looking up information about candidates and ballot initiatives
  • Contacting Legislators
  • Volunteering with the Common Cause Action Team
  • Access Government services

But broadband can only fuel civic engagement to the extent our digital rights are protected online.

The largest ISPs in this country hold tremendous control over who can access the internet and what that access looks like. This unfettered control gives ISPs the ability and incentive to engage in discriminatory practices that undermine our digital rights. For example, ISPs have engaged in price gouging, sold the real-time location data of their customers, and conducted fraudulent billing practices. Title II gives the FCC the authority to ensure broadband prices are just and reasonable and allows the agency to investigate unjust and discriminatory conduct. As broadband has become essential now more than ever, the FCC should have every tool available at its disposal to hold these companies accountable and protect the public interest.

Title II plays a vital role in safeguarding the rights of marginalized people. Black, Latinx, and Indigenous communities are less likely than white counterparts to have a broadband connection at home, meaning they are unable to fully participate in our democracy. These communities were also more likely to be impacted by the COVID-19 pandemic, placing an increased importance on the availability of internet access for teleworking, telemedicine, and virtual education. They live in neighborhoods subject to digital redlining, leaving them with outdated infrastructure and without access to true high-speed internet. These same communities are even more likely to be disproportionately impacted by discriminatory data practices. With Title II authority, the FCC can act to correct the market failure that has led to these disparities, promulgate regulations that ban digital redlining, and adopt privacy protections safeguarding the personal data of members of marginalized communities with respect to how this data is handled by broadband providers.

The Federal Communications Commission (FCC) has the authority to regulate and oversee broadband under Title II of the Communications Act. Title II is often synonymous with net neutrality, the principle that the internet should be open and ISPs shouldn’t be allowed to block, throttle, or create fast lanes for prioritized internet access. But Title II means much more than that. It protects the digital rights everyone expects when going online.

This is a pivotal moment for consumers everywhere! We finally have a fully functional FCC to address our communications needs and protect our digital rights under Title II. Now if you believe your digital rights have been violated, you can file a complaint with the FCC.

Related Resources

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Position Paper

How Title II Protects Our Digital Civil Rights

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A new report from Common Cause in partnership with the Communications Workers of America, “Broadband Gatekeepers: How ISP Lobbying and Political Influence Shapes the Digital Divide,” examines lobbying and political spending by the largest ISPs and their trade associations and how these activities have shaped the digital divide.

Legal Filing

Comments in the FCC’s broadband deployment proceeding

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