There's a simple way to protect it: start building support to pass laws through Congress.
One of the problems with Net Neutrality as it exists now, is that it was a hallmark of the Obama presidency to repurpose existing laws and regulatory bodies to achieve things through regulation. It could very well be that Ajit Pai is simply repealing them because he disagreed with how it was done. Remember, even Tom Wheeler initially balked at doing it through Title II.
The funny thing here is that there's some growing consensus that some regulations would be OK (strangest of all from AT&T itself). But Title II has two problems
- There's no limiting principle inherent in Title II. The FCC can ostensibly write any regulations it likes and, while courts would strike some of them down, that becomes a costly and time consuming proposition. Those costs will be passed on to consumers.
- FCC regulations can be overturned fairly easily
So how could legislation succeed here?
- Identify the parts of Title II that people want to keep. I find most people couldn't tell you what this involves beyond "Don't block Google" (seriously, this seems to be the top argument for it right now, despite the fact that such moves have not happened to Google). Net Neutrality needs a coherent set of goals (and goals that are not built around bad things that might happen)
- Build a consensus around the goals. The FCC moves side stepped this part of the process.
At this point, people get cynical about Congress, but it's worth noting that Congress can, and does, still pass laws (i.e. meaningful patent reforms werehave been passed under Obama). Meaningful laws would be the best way to go.