Ever get the feeling you’ve been cheated?
-Johnny Rotten, January 14, 1978

January 14, 1978 was the last official gig by a band many would consider the original punk act: the Sex Pistols. That day was a disappointment for fans of unbridled rock ‘n’ roll. And today—Jan 14, 2014—is likewise a letdown for musicians and everyone else who uses the Internet.

Earlier this morning, a federal appeals court in Washington, DC struck down the Federal Communications Commission’s rules meant to keep the internet open to free expression, entrepreneurship and innovation. By overturning the FCC’s 2010 Open Internet Order, the court in one fell swoop undid almost a decade of YOUR efforts to preserve a level online playing field.

The FCC’s rules were the only thing keeping Internet Service Providers (ISPs) from picking winners and losers online. Musicians and other artists depend on the ability to compete alongside the biggest companies; we know what it’s like when just a few powerful corporations control our access to audiences. That’s why thousands of musicians and independent labels have gone on record in supporting basic rules of the road preserving “net neutrality” via the Rock the Net campaign.

All of your energy made a difference. The FCC’s Open Internet Order wasn’t perfect, but it did show that they were listening to your concerns. Unfortunately, prior a decision at the Commission going back to the early aughts means that the courts aren’t buying the FCC’s rationale for keeping the Internet accessible and open to everyone.

If you think today’s ruling isn’t a big deal for artists, think again.

Maybe you’re one of those musicians that thinks Spotify is a bum deal for artists. Perhaps you like the flexibility afforded to you by Bandcamp. What happens when an ISP decides that Spotify can pay more and blocks or otherwise interferes with your music getting to fans on your preferred platform? What if an ISP charges overages for data on your favorite apps, but exempts traffic from their corporate buddies? Musicians have been down this road before. We saw what happened when Clear Channel and their ilk were allowed to gobble up all the mom and pop radio stations around the country. To paraphrase Johnny Rotten, without clear rules of the road prohibiting discrimination of lawful content by ISPs, you’re being cheated.

The FCC created this problem when it chose previously to reclassify broadband Internet as an “information service” rather than a “telecommunications service.” This move, upheld in a Supreme Court decision from 2005, put the Commission’s regulatory authority under question. And today’s decision affirms as much.

But there is a bright side. As FMC Interim Executive Director Casey Rae said in a statement:

“Under the direction of newly-appointed chairman Tom Wheeler, the FCC now has the opportunity to fix a problem of its own making. It has never been more important to have basic rules of the road preventing ISPs from blocking content delivered over the Internet, regardless of how users connect. Thousands of musicians and independent labels are already on record in support of a level online playing field as part of FMC’s Rock the Net campaign. This decision will surely inspire countless other creators and entrepreneurs to make the case for an open and accessible Internet.

“Of course, Congress could always step up to the plate and write laws ensuring that the Internet remains a place where a great idea, a great song or an amazing innovation has a chance to get off the ground. Until then, the FCC has the obligation to act to protect all Americans—including creators—from the whims of just a few big corporations.”

We’re currently coming up with new ways for you to get involved. For now, our friends at Free Press have a portal for you to tell the FCC that they need to act, because the Internet belongs to EVERYONE.

(Photo: Sex Pistols in Amsterdam, courtesy National Aarchief, used under a Creative Commons license)