The Federal Communications Commission reversed course this week, calling for new rules that would allow corporations to pick and choose which websites, services and speech on the Internet receives faster traffic depending on how much each company or user is willing to pay for it.

The new plans were leaked on Wednesday and scrutinized by websites like Esquire, which noted the revolving door between the FCC, Comcast and the telecommunications lobby that may have facilitated the new rules.

So FCC Chairman Tom Wheeler released a statement on Thursday titled "Setting the Record Straight on the FCC's Open Internet Rules."

Everybody has it all wrong, Wheeler says.

In the three new tenets of Wheeler's newly titled "Open Internet Rules," Internet service providers must disclose all throttling of web traffic to customers, nothing illegal will be outright blocked, and sites cannot be throttled "in a commercially unreasonable manner."

But these rules are "unenforceable" and "intentionally vaguely worded,token ineffective legislation" according to Mitch Stoltz, an Attorney at the Electronic Frontier Foundation.

Internet Service Providers will still be able to go around the new rules and create tiered Internet packages that force consumers to pay more for the service they already have.

ISPs will also be able to force companies and services — everything from Netflix to home automation companies like Nest to anything else that runs on the web — to pay speed tolls to ISPs in order to maintain the reliability of their website or service.

Stoltz and his fellow lawyers at the EFF, a non-profit that defends an open Internet, says the new tenets create loopholes that would allow ISPs to favor their own content, shut out competitors, and stunt innovation by creating an entry fee for a great idea on the web.

Stoltz sees the biggest problem in the third tenet.

3.That ISPs may not act in a commercially unreasonable manner to harm the Internet, including favoring the traffic from an affiliated entity.

"Anything that's 'commercially reasonable' — that basically means nothing at all. It's unenforceable," says Stoltz. "Even if the FCC decides that a certain action is not reasonable — if they're limiting access to a certain website, for example — somebody like Comcast or Verizon can just go to court with it. It'll be tied up in the courts for years.

"There's basically no standard at all," he says.

Rule No. 1 is no more transparent than the third.

1. That all ISPs must transparently disclose to their subscribers and users all relevant information as to the policies that govern their network.

All ISPs can disclose which websites are now being throttled, but that does not give the consumer the ability to switch providers in most cases. Most rural and suburban areas of America — and some cities — are not afforded a choice in cable or Internet providers.

Over 50 percent of high-speed Internet subscribers in America are Comcast subscribers, in large part due to this reason.

"That's why transparency ultimately isn't enough," says Stoltz. "That's why it's just a start."

Even rule No. 2 hints that throttled — but not blocked — content for those who can't pay for it is inevitable.

2. That no legal content may be blocked.

No content can be blocked, but that does not mean it can't be slowed.

"When vaguely worded restrictions on behavior become the law, they become really hard to enforce against a company with an army of lawyers," says Stoltz. "Token ineffective regulation is, in a sense, worse than no regulation."

All is not lost, says Stoltz.

Before the rules can become law, the FCC has announced that it will put the rules up for public comment. There will be a period of 30 to 60 days where the FCC must legally look over emails and letters in support of and against the new rules.

"Obviously, it's hard for individual Internet users to be represented," says Stoltz. "But this is the way. There is this process."

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