9
I.
Called “one of the most significant technological
advancements of the 20th century,” Senate Committee on
Commerce, Science and Transportation, Report on Online
Personal Privacy Act, Sen. Rep. No. 107-240, at 7 (2002), the
internet has four major participants: end users, broadband
providers, backbone networks, and edge providers. Most end
users connect to the internet through a broadband provider,
which delivers high-speed internet access using technologies
such as cable modem service, digital subscriber line (DSL)
service, and fiber optics. See In re Protecting and Promoting
the Open Internet (“2015 Open Internet Order” or “the
Order”), 30 FCC Rcd. 5601, 5682–83 ¶ 188, 5751 ¶ 346.
Broadband providers interconnect with backbone networks—
“long-haul fiber-optic links and high-speed routers capable of
transmitting vast amounts of data.” Verizon, 740 F.3d at 628
(citing In re Verizon Communications Inc. and MCI, Inc.
Applications for Approval of Transfer of Control, 20 FCC
Rcd. 18,433, 18,493 ¶ 110 (2005)). Edge providers, like
Netflix, Google, and Amazon, “provide content, services, and
applications over the Internet.” Id. at 629 (citing In re
Preserving the Open Internet (“2010 Open Internet Order”),
25 FCC Rcd. 17,905, 17,910 ¶ 13 (2010)). To bring this all
together, when an end user wishes to check last night’s
baseball scores on ESPN.com, his computer sends a signal to
his broadband provider, which in turn transmits it across the
backbone to ESPN’s broadband provider, which transmits the
signal to ESPN’s computer. Having received the signal,
ESPN’s computer breaks the scores into packets of
information which travel back across ESPN’s broadband
provider network to the backbone and then across the end
user’s broadband provider network to the end user, who will
then know that the Nats won 5 to 3. In recent years, some
edge providers, such as Netflix and Google, have begun
connecting directly to broadband providers’ networks, thus
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