When two video apps on the same home connection perform differently — one at full quality, the other reduced to a lower bitrate — the cause can be the internet provider treating those services differently. Net neutrality is the principle that an Internet Service Provider should treat all lawful internet traffic equally, regardless of the website, application, or service involved.

What is net neutrality?

The standard form of the rule has three parts:

No blocking. An ISP should not cut off access to a lawful website, app, or service.
No throttling. An ISP should not slow traffic because of the content, application, or service involved, such as reducing the quality of one video app while leaving another unchanged.
No paid prioritization. An ISP should not sell faster delivery to one company while other traffic moves more slowly.

A related practice is zero-rating: data from a chosen app does not count against a monthly cap, while data from similar apps does. Supporters of the practice say it can lower the cost of widely used services. Critics say it directs users toward applications covered by a commercial agreement.

Most versions of the rule still allow reasonable network management, such as responding to a security threat or to short, exceptional congestion, provided the action is not commercial or aimed at a particular service.

Even when a page is encrypted with HTTPS, an ISP can still see the domains you visit, your DNS lookups, and how much data you transfer. That visibility is covered in What Your ISP Can See Without a VPN.

The arguments on each side

The policy debate is about who should set the terms of access to the internet, and how far regulation should go.

Those in favor of strong rules emphasize openness and competition. If providers can charge for priority, larger companies can purchase a better experience and smaller ones have no equivalent option. Supporters also raise a speech concern: a provider that can slow or block a service can affect which voices reach an audience, not only which videos play smoothly.

Those who oppose strict rules, including many ISPs, emphasize investment and operational flexibility. They argue that common-carrier rules — in particular the US approach of classifying broadband as a Title II telecommunications service — were written for telephone monopolies and can reduce the incentive to invest. They also argue that providers need room to manage congestion and offer specialized services, and that any new US national rule should come from Congress rather than from a regulator applying an older statute.

The two sides agree that some traffic management is necessary. They differ on where commercially motivated discrimination begins, and on which institution should set that line.

Current status in 2026

There is no single global net neutrality law. The position in the main markets, as of November 2026, is as follows.

United States: no binding federal rule

In 2015, the Federal Communications Commission classified broadband as a Title II telecommunications service and adopted national rules against blocking, throttling, and paid prioritization. In December 2017, a new FCC majority repealed those rules (the Restoring Internet Freedom Order, effective 2018) and classified broadband as an information service.

In April 2024, the FCC voted to restore Title II and the conduct rules (the Second Title II Order). The Sixth Circuit stayed the order in August 2024, so the rules never took effect. On 2 January 2025, in Ohio Telecom Association v. FCC, the court set the order aside. After the Supreme Court's 2024 Loper Bright decision ended Chevron deference, the court held that broadband is an information service under the Communications Act, and that mobile broadband is not a commercial mobile service subject to common-carrier treatment. The mandate issued on 20 March 2025, and intervenors later declined to petition the Supreme Court for review. In August 2025, the FCC restored the Code of Federal Regulations to match the rules actually in effect.

The United States currently has no binding federal net neutrality rule. Then-Chair Jessica Rosenworcel called on Congress to enact the protections in statute. Congress has not done so.

State measures differ. California's SB 822 prohibits blocking, throttling, paid prioritization, and certain forms of zero-rating, and requires disclosure of network practices. Washington law prohibits blocking, throttling, and paid prioritization. Oregon generally provides that state bodies may not purchase broadband from a provider that engages in those practices. Colorado conditions state broadband-deployment funds on open-internet conduct and can require refunds if a provider violates those conditions.

European Union: the Open Internet Regulation remains in force

In the EU, net neutrality remains the law. Regulation (EU) 2015/2120, applicable since 2016, gives users the right to access and distribute lawful content and requires ISPs to treat traffic equally. Blocking, throttling, and discrimination are not permitted, except for a legal obligation, protection of network integrity, or congestion management in exceptional and temporary situations. Reasonable traffic management must be technically justified and independent of commercial considerations. Specialized services may be offered only with enough spare capacity, and not at the expense of regular internet access.

Commercial zero-rating has been tightly limited by EU case law and by BEREC, the body of European telecom regulators. BEREC's 2026 report, covering 1 May 2025 to 30 April 2026, found remaining zero-rating mostly limited to permitted uses such as emergency communications and customer-care tools, with Poland phasing out legacy commercial offers by the end of May 2026.

United Kingdom: existing Ofcom rules still apply

The United Kingdom retained open-internet rules after leaving the EU, and Ofcom continues to enforce them. In 2023, Ofcom confirmed the core prohibitions on blocking, throttling, and paid prioritization, with some flexibility — subject to safeguards — on zero-rating, differentiated quality offers, and specialized services. That remains the baseline in late 2026. The government's 2026 Mobile Market Review, which closed on 5 May 2026, asked whether the rules should be adjusted. As of this writing, findings have not been published, so Ofcom's existing framework continues to apply.

India: equal-treatment rules remain in place

In 2016, the Telecom Regulatory Authority of India (TRAI) prohibited discriminatory tariffs for data services, including plans that zero-rated some apps and not others. In 2018, the government accepted TRAI's recommendations and wrote equal-treatment obligations into telecom licences: no blocking, throttling, or prioritization of lawful content, subject to reasonable traffic management and legal requirements.

The live issue in 2026 is 5G network slicing, which reserves part of the network for a service that needs a particular quality of service. In August 2026, TRAI published draft quality-of-service amendments that would permit slicing only with safeguards for ordinary internet access. As of November 2026, final rules have not been issued, and the draft would not repeal India's current rules.

How CyberCat VPN helps at the device level

A practical first step is to measure the same connection twice: once on the open network, and once with CyberCat connected. CyberCat's VPN Speed Test is built for that comparison. A clear increase after you connect is consistent with an ISP slowing identifiable services. The method is also covered in How to Tell if Your ISP is Throttling You.

CyberCat applies equal treatment at the device. When you connect, the app opens an encrypted tunnel to a CyberCat server, using AES-256 encryption. Your ISP sees a connection to that server and the volume of data moving through it. The websites and apps inside the tunnel stay hidden. Without those content signals, the provider has no basis for slowing a particular streaming service, game, or download.

DNS lookups, which would otherwise reveal the domains you visit, travel through the same tunnel. The mechanics are covered in How to Detect and Fix DNS Leaks.

CyberCat does not log browsing history or traffic. IP addresses retained for security are deleted after 30 days. Standard and Stealth modes are included on every plan: Standard for everyday use, and Stealth for networks that interfere with a standard VPN connection.

Frequently asked questions

Is net neutrality still the law in the United States?

Not at the federal level. The FCC's 2024 attempt to restore national rules was set aside by the Sixth Circuit in January 2025 and never took effect. California and Washington still prohibit blocking, throttling, and paid prioritization.

How does a VPN help with net neutrality?

A VPN encrypts your traffic so the websites and apps you use stay hidden from the ISP. That removes the information required for content-based throttling or prioritization, which is how equal treatment applies at the device level.

What is the difference between throttling and a slow connection?

A slow connection can result from congestion, weak Wi-Fi, or the speed of the plan itself. Throttling, in the net neutrality sense, is a deliberate decision to impair traffic because of the content, app, or service involved. Comparing a speed test with and without a VPN is a practical way to detect the second case.

Is paid prioritization legal?

It depends on the country. It is restricted in the EU, in the UK under Ofcom's current rules, and in India under existing licence conditions. The United States has no federal open-internet ban on the practice today, though California, Washington, and some other state measures still prohibit it.

Is it legal to use a VPN for this?

In the United States, the EU, the UK, India, and most other countries, using a VPN is legal. A small number of countries restrict VPN use. Check the rules that apply where you live.

Sources

Sixth Circuit, Ohio Telecom Ass'n v. FCC (2 January 2025)
Reuters, coverage of the Sixth Circuit ruling (2 January 2025)
Federal Register, FCC restoration of the CFR after Ohio Telecom (8 August 2025)
California Civil Code § 3101 (SB 822); Washington RCW 19.385; Oregon ORS 276A.418; Colorado C.R.S. § 40-15-209
European Commission, Open internet access (Regulation (EU) 2015/2120); BEREC Open Internet implementation report (2026)
Ofcom, Network neutrality; UK government, Mobile Market Review call for evidence
TRAI, 2016 discriminatory-tariff prohibition and 2018 net neutrality recommendations, as later reflected in licence conditions; August 2026 draft quality-of-service consultation on network slicing

What is Net Neutrality? Debate & Status in 2026