American ISPs have been accused of funding a secret campaign to torpedo the FCC's net neutrality rules. An investigation by the New York Attorney General found millions of fake comments were submitted in the FCC's consultation in 2017 on repealing the rules, which may have distorted its view of public opinion. The FCC ultimately decided to repeal the net neutrality rules first passed under the previous Obama administration.
The AG said the broadband operators funded an 'astroturf' campaign, designed to look like a grassroots effort by internet users. To help generate public comments, the industry engaged commercial lead generators that used prizes, like gift cards and sweepstakes entries, to lure consumers to their websites and join the campaign. However, nearly every lead generator that was hired instead simply fabricated the consumer responses. As a result, more than 8.5 million fake comments that impersonated real people were submitted to the FCC, and more than half a million fake letters were sent to Congress, the AG's investigation found.
The investigation also found that the FCC received another 9.3 million fake comments supporting net neutrality that used fictitious identities. Most of these comments were submitted by a single person — a 19-year old college student using automated software. In all, the report confirmed that nearly 18 million of the more than 22 million comments the FCC received in its 2017 proceeding to repeal net neutrality rules were fake.
Six firms funded by the broadband industry were found to have engaged in the fraud. Internal emails and other documents that the AG reviewed in its investigation show that the primary funders included an industry trade group and three companies that are "among the biggest players in the United States internet, phone, and cable market, with more than 65 million American subscribers among them and a combined market value of approximately half a trillion dollars", the report said.
The broadband providers were not found to have direct knowledge of the fraud and hence did not violate any laws. However, their involvement "raises serious concerns", the report said, noting that they "ignored several significant red flags as to the authenticity of the comments that were generated and the integrity of the process" and exercised limited oversight of the lead generators.
Three of the lead generator firms, Fluent, Opt-Intelligence and React2media, agreed to a settlement with the attorney general's office, including changes to their practices for future advocacy campaigns and USD 4.4 million in total fines. Two of the firms were found to have submitted millions of fake comments in several other consultations on government proposals, prompting the attorney general to propose reforms aimed at rooting out this type of fake public campaigning.
