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  • Net Neutrality Vote

    December 20, 2010, 4:48 pm F.C.C. Poised to Pass Net Neutrality Order

    6:42 p.m. | Updated The chairman of the Federal Communications Commission appears to have the votes he needs to pass new rules for net neutrality.

    Net neutrality — which broadly speaking is an effort to ensure open access to Web sites and online services — is on the agenda of an F.C.C. meeting Tuesday in Washington. The F.C.C.’s chairman, Julius Genachowski, outlined a framework for net neutrality earlier this month, touching off a debate about the role of the government in regulating Internet access.

    As it stands now, the order would prohibit the blocking of any Web sites, applications or devices by fixed-line broadband Internet providers like Comcast and EarthLink, essentially forbidding the providers from picking winners and losers on behalf of consumers, F.C.C. officials said Monday.

    The F.C.C. officials also said that the order would broaden the government’s enforcement powers in the broadband area. They spoke only on condition of anonymity ahead of Tuesday’s meeting on the matter. The F.C.C. order has not been made public.

    If approved, the rules “will give some assurances to the companies that are building Web applications — companies like Netflix, Skype, Google — that they will get even treatment on broadband networks,” said Rebecca Arbogast, a regulatory analyst for Stifel Nicolaus, a financial services firm.

    The prohibitions, however, are subject to what the F.C.C. calls “reasonable network management,” and they are considerably watered down for wireless providers. “It is by definition a compromise,” Ms. Arbogast said.

    Critics have condemned Mr. Genachowski’s proposal as “fake net neutrality.” One of those critics, Senator Al Franken, Democrat of Minnesota, said over the weekend that the F.C.C. was effectively allowing discrimination on the Internet by adopting weak rules for wireless Internet access.

    “Maybe you like Google Maps. Well, tough,” Mr. Franken said on the Senate floor on Saturday. “If the F.C.C. passes this weak rule, Verizon will be able to cut-off access to the Google Maps app on your phone and force you to use their own mapping program, Verizon Navigator, even if it is not as good. And even if they charge money, when Google Maps is free.”

    He continued, “If corporations are allowed to prioritize content on the Internet, or they are allowed to block applications you access on your iPhone, there is nothing to prevent those same corporations from censoring political speech.”

    On Monday afternoon, two Democratic commissioners, Michael Copps and Mignon Clyburn, the other Democratic commissioners, signaled that the order was not as strong as they would have liked, but that they would not oppose it. Their votes along with Mr. Genachowski’s would be enough to approve the order. Two Republican commissioners, Meredith Baker and Robert McDowell, are expected to oppose it. In an op-ed in the Wall Street Journal on Monday, Mr. McDowell asserted that “nothing is broken that needs fixing.”

    Mr. Copps staunchly disagreed. In a statement Monday afternoon, following three weeks of discussions with Mr. Genachowski about modifying the order, he said he wanted to ensure that the Internet “doesn’t travel down the same road of special interest consolidation and gate-keeper control that other media and telecommunications industries—radio, television, film and cable—have traveled.”

    “What an historic tragedy it would be,” he said, “to let that fate befall the dynamism of the Internet.”

    He said he could not wholeheartedly vote to approve the order, but that he would not “not block it by voting against it. I instead plan to concur so that we may move forward.”

    Ms. Clyburn said similarly in her own statement, “The open Internet is a crucial American marketplace, and I believe that it is appropriate for the F.C.C. to safeguard it by adopting an order that will establish clear rules to protect consumers’ access. The commission has worked tirelessly to offer a set of guidelines that, while not as strong as they could be, will nonetheless protect consumers as they explore, learn and innovate online. As such, I plan to vote to approve in part and concur in part the Open Internet Order during the F.C.C.’s open meeting tomorrow.”

    The Democratic commissioners received sharp rebukes from public interest groups that favor stricter steps toward fair Internet access. Craig Aaron, the managing director of one such group, Free Press, said “these rules appear to be flush with giant loopholes, and the FCC chairman seems far more concerned with winning the endorsement of AT&T and the cable lobbyists than with listening to the millions of Americans who have pleaded with him to fix his proposal.”

    http://mediadecoder.blogs.nytimes.co...lity-order/?hp

  • #2
    Re: Net Neutrality Vote

    The F.C.C. officials also said that the order would broaden the government’s enforcement powers in the broadband area.
    That's what it comes down to. Another win for government control and regulation of the internet!

    But earlier today, the FCC, led by Genachowski, voted 3-2 to adopt a new set of rules governing private management of the Internet’s core infrastructure. Thanks to a decision by Genachowski not to make the order detailing the rules public, no one outside the FCC has seen the actual order that was passed. Even those on the inside were given little time to wade through its reported complexities: Meredith Baker, who along with Genachowski is one of the FCC’s five commissioners, said in her remarks that she and her staff only received the most recent draft—the one voted on today—around 11:30 p.m. last night.
    Genachowski’s remarks portrayed the rules as a moderate middle ground between the extremes. It was a decision driven not by ideology but the desire to “protect basic Internet values.” If it’s a middle ground, it’s a legally dubious one. Earlier this year, a federal court ruled that the FCC had no Congressionally granted authority to regulate network management. Congress hasn’t updated the agency’s authority over the Net since then, but the FCC is now saying that, well, it has the authority anyway. Genachowski’s team has come up with a different legal justification, and they’re betting that this time around they can convince a judge to buy it.


    Still, Genachowski’s portrayal of the order may be half right: The FCC’s move on net neutrality is not really about ideology. It’s about authority: He’s not so much protecting values as expanding the FCC’s regulatory reach. According to Genachowski’s summary remarks, the new rules call for a prohibition on “unreasonable discrimination” by Internet Service Providers—with the FCC’s regulators, natch, in charge of determining what counts as unreasonable. In theory, this avoids the pitfalls that come with strict rules. But in practice, it gives the FCC the power to unilaterally and arbitrarily decide which network management innovations and practices are acceptable—and which ones aren’t. It’s the tech-sector bureaucrat’s equivalent of declaring, Judge Dredd style, “I am the law!” Indeed, Genachowski has said before—and reiterated today—that the rules will finally give the FCC the authority to play “cop on the beat” for the Internet.
    The comparison may not be quite as comforting as he seems to think. But it is telling: Genachowski may not be eager to tell the public exactly what the Internet’s new rules of the road are, but he’s mighty eager to have his agency enforce them.
    http://reason.com/blog/2010/12/21/fc...-judge-dredd-o

    Last edited by tsetsefly; December 21, 2010, 06:50 PM.

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    • #3
      Re: Net Neutrality Vote

      They are getting smarter. They realize that sending this stuff through congress is messy and time consuming. It's better to simply decide internally that they have the authority they desire. What are people going to do? Resist?

      It also seems like the pace is increasing. There is a new outrage every week. Maybe this is intentional to burn people out. People are too busy to protest about the wars, bailouts, stimulus, airport groping, Assange smear, internet regulation (censorship), etc. Or maybe they just realize more and more that there is no real push back.

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