It could happen soon. Congress has debated the issue several times recently, each time removing language from telecommunications bills that would strengthen what a free and open Internet depends on: “net neutrality,” one of the Web’s founding principles and a concept that could shape the 21st century.

What is net neutrality?

Network neutrality means that all Internet content is treated equally. It is the ability to access content and services unimpeded by ISPs. We now enjoy a diversity of resources in large part because service providers cannot strike deals giving preference to certain content holders. However, it is not at all clear whether these nondiscrimination principles apply to cable and DSL systems.

This is why lawmakers need to move quickly to ensure that the Internet, however it is delivered, remains free and nondiscriminatory. Content providers—including those for higher education—should have the same access to distribute their offerings.

What does this mean for higher ed?

Universities are both providers and producers of content. For example, many universities use applications like videoconferencing to provide distance learning. If net neutrality isn’t enforced, ISPs could favor certain videoconferencing programs. In other words, a university’s choice of videoconferencing software could relegate its content to the slow lane for users whose ISPs give priority to a different brand of software.

Further, most universities and colleges have become information producers themselves, making research results, historical databases, online courses and interactive experiences more available. They are dependable sources of noncommercial information on an Internet crowded with questionable sources.

But it is unreasonable to think that universities could pay a premium (besides what they already pay for hosting and bandwidth) to ensure that users can access their sites quickly. Universities and other nonprofits would quickly lose the competition for “eyes” if forced to compete with companies that could afford premium service.

We are not talking about the differences between DSL and T-1 users. Network neutrality is about providing equal distribution rights within a particular level of service. By this I mean that all subscribers to T-1 lines should have the same ability to distribute content. Service providers should not be allowed to give special consideration for a fee. Those who control the pipes should not be able to speed up or slow down what’s in those pipes.

What are legislators doing about it?

It is amazing to think that debate over net neutrality has emerged over only seven months. In that time, we have seen companies, groups, policy wonks and politicians take sides. Common ground and compromise have proven elusive.

For example, this summer the Senate Commerce Committee completed work on S. 2686, the Communications, Consumer’s Choice, and Broadband Deployment Act of 2006. A net neutrality proposal failed in an 11-11 vote, which speaks to how fluid the issue remains.

What can we do?

The ability of the Internet to spread knowledge is unparalleled and growing. Students can come together, share ideas and take advantage of rich audio, video and print resources that used to be the exclusive domain of a few large companies. As advocates of higher education, we must make sure that legislators don’t relegate these treasures to second-class delivery. If we fail, intellectual freedom will be constrained.