Stephen Lam / Reuters Federal Communications Commission (FCC) Chairman Thomas Wheeler listens to public comments during a town hall meeting in Oakland, Calif., Jan. 9, 2014.

What if you didn't have to pay for your data plan? What if the biggest data hogs on your phone — your music apps, your streaming video apps — didn't count toward your monthly limit? It's an intoxicating pitch, and one you'll hear soon. The country's largest data providers are mulling it; their partners are figuring out how to make it work; the FCC, which is in charge of identifying downsides and regulating such things, just lost much of its ability to do so. Caught at the whirling nexus of theory and regulation and commerce, the average internet user's fate is uncertain. But today, a new and unexpected possibility has made itself clear: We may be entering the era of sponsored data — the era of an internet that we don't directly pay for, but that we also don't control. It's the old net neutrality nightmare, in other words, disguised as a gift. Today, vital portions of the FCC's Open Internet rules were struck down in federal court. These rules, put in place in 2010, were designed to preserve what advocates call net neutrality — an assurance that internet providers can't favor one kind of traffic over another, or charge for access to certain parts of the internet. All traffic, according to the rules, was to be treated equally. Verizon challenged these rules, and mostly won. This comes just a few weeks after the new chairman of the FCC, Tom Wheeler, a former lobbyist for the telecom industry, startled net neutrality advocates with this quote, given during a Q&A following his first formal public address: I think we're also going to see a two-sided market where Netflix might say, 'Well, I'll pay in order to make sure that you might receive, my subscriber might receive, the best possible transmission of this movie.' I think we want to let those kinds of things evolve. Those comments were made with today's decision looming in the distance. "We are concerned about the two-sided market," pro-net-neutrality group Free Press told BuzzFeed at the time. Brent Skorup of the libertarian Mercatus Center at George Mason University, representing the other side of the issue, said that Wheeler was "a little more industry friendly" than his predecessor. After today's ruling, the Mozilla Foundation issued a strong rebuke: "The D.C. Circuit's decision is alarming for all Internet users." Free Press splashed its website with this graphic:

"This ruling means there is no one who can protect us from ISPs that block or discriminate against websites, applications or services," says a statement from the organization. Tell the FCC to start treating broadband like a communications service, and to restore its Net Neutrality rules." By "treating broadband like a communications service," Free Press is suggesting categorizing internet providers as "common carriers," like phone companies, a possibility that, in comparison to preserving 2010's stricken FCC rules, is seen by insiders as a long shot. "From a legal perspective, it's easier," Harold Feld, a senior vice president at Public Knowledge, told BuzzFeed. "What makes it difficult is the politics." "Pretty much everybody in the industry pushed back very hard against it," he said. "There were a lot of people who came around to network neutrality — a reason why these rules were compromised, and had industry buy-in, was that a lot of people in the industry preferred these rules to reclassification." This is a potentially crippling defeat for net neutrality advocates. Trying to reclassify ISPs as utilities, essentially, would give anti-regulation opponents a much clearer position. Wayne Crews of the Competitive Enterprise Institute, which opposes net neutrality, declared victory in a statement, saying the cause is "dead and buried." "Onward to Internet 3.0 and beyond," the statement says. The FCC chairman's own statement, while suggesting he is weighing an appeal, was cold comfort to his predecessor's allies. "I am committed to maintaining our networks as engines for economic growth, test beds for innovative services and products, and channels for all forms of speech protected by the First Amendment." For years, the net neutrality nightmare scenario was as follows: Carriers, such as Comcast, could charge different amounts for access to different tiers of the internet. The basic tier might include email and basic browsing; the next could include Facebook and Twitter; the final tier could include Netflix, YouTube, or Spotify. These tiers would be divided not by bandwidth or speed requirements, but by content type. The internet would become a club with various VIP sections, arbitrarily laid out to benefit internet providers.

Via dvice.com A widely circulated pro-net-neutrality graphic from 2009.