AT&T says it is joining a big protest to save net neutrality—even though the company previously sued the US Federal Communications Commission in a failed attempt to get the commission's rules thrown out.

"Tomorrow, AT&T will join the 'Day of Action' for preserving and advancing an open Internet," AT&T Senior Executive VP Bob Quinn wrote in a blog post this afternoon.

"This may seem like an anomaly to many people who might question why AT&T is joining with those who have differing viewpoints on how to ensure an open and free Internet," Quinn acknowledged. But that's the point AT&T is making: the company claims to support an "open Internet" even though it opposes the current FCC rules designed to protect the open Internet.

Instead, AT&T says Congress should write net neutrality rules that are less strict than the FCC's current rules.

"We all agree that an open Internet is critical for ensuring freedom of expression and a free flow of ideas and commerce in the United States and around the world," Quinn wrote. "We agree that no company should be allowed to block content or throttle the download speeds of content in a discriminatory manner. So, we are joining this effort because it's consistent with AT&T's proud history of championing our customers' right to an open Internet and access to the Internet content, applications, and devices of their choosing."

AT&T's blog post did not support a complete ban on paid prioritization, a practice that would let ISPs charge websites for faster access to consumers. While AT&T is on board with basic rules against blocking and throttling of websites and online services, the company sued the FCC in 2015 to reverse the FCC's reclassification of broadband providers as common carriers under Title II of the Communications Act. The FCC used its Title II authority to implement net neutrality rules and other consumer protections.

AT&T lost in court, but the FCC started preparing to reverse its own Title II net neutrality decision after Republican Ajit Pai became the commission's chairman this year.

Then-FCC Chairman Tom Wheeler last year accused AT&T of violating net neutrality rules by letting its own video service stream without counting against mobile data caps while charging other companies for the same data cap exemptions. Pai rescinded that determination.

AT&T's blocking of FaceTime on its mobile network in 2012 was mentioned by the FCC in its 2015 net neutrality order as one piece of evidence in favor of strict net neutrality rules.

“Campaign of misinformation”

The "Internet-wide day of action to save net neutrality" was organized by activist groups Fight for the Future, Free Press, and Demand Progress. Small websites and major online companies like Amazon, Reddit, and Netflix will protest to save the current version of net neutrality rules that rely on Title II.

"The one thing all of them agree on [is] defending Title II net neutrality," the protest organizers' website says.

Obviously, AT&T's views do not match those of the protest organizers.

"AT&T are lying when they say they support net neutrality, while actively opposing it," Fight for the Future Campaign Director Evan Greer told Ars today. "If they want to support the Title II protections that we have now, which prevent them from shaking down websites for extra fees as part of 'paid prioritization' schemes, we'd be glad to have them as part of this protest. Until then, they're just making noise to continue their campaign of misinformation."

AT&T's blog post spoke favorably of an earlier FCC rulemaking that "tackled the core issues of blocking, throttling, and anti-competitive paid prioritization" without using Title II.

"Unfortunately, in 2015, then-FCC Chairman [Tom] Wheeler abandoned this carefully crafted framework and instead decided to subject broadband service to an 80-year-old law designed to set rates in the rotary-dial-telephone era," Quinn wrote.

Quinn did not mention that Wheeler did so only after the original rules were vacated by a federal appeals court in response to a lawsuit filed by Verizon. Wheeler used Title II in order to reinstate the net neutrality rules and strengthen the restriction on paid prioritization.

While AT&T supports Pai's effort to repeal the current rules, the company said, "we hope Congress can reach [an] agreement on these principles and make those protections permanent."