Tag: Internet Access

In a vote this afternoon the Federal Communications Commission voted open debate on a proposal that would essentially end net neutrality. In a 3 – 2 vote, Chairman Thomas Wheeler and the two other Democratic members voted to allow Internet service providers charge content companies for faster and more reliable delivery of their traffic to users.

Critics worry the rules would create “fast lanes” for companies that pay up and slower traffic for others, although Wheeler has pledged to prevent “acts to divide the Internet between ‘haves’ and ‘have nots.'”

The FCC’s proposal tentatively concludes that some pay-for-priority deals may be allowed, but asks whether “some or all” such deals should be banned and how to ensure paid prioritization does not relegate any traffic to “slow lanes.” [..]

Consumer advocates want the FCC to reclassify Internet providers as utilities, like telephone companies, rather than as the less-regulated information services they are now.

Opponents have told Wheeler that stricter regulations would throw the industry into legal limbo, discourage investment in network infrastructure and still not prevent pay-for-priority deals.

Numerous technology companies, including Google Inc and Facebook Inc, have spoken out against allowing pay-for-priority, although they have not called for reclassification.

At the moment, nothing has change but as Mike Masnick at Techdirt put it, the door is now open to a very messy process that didn’t need to happen because the FCC has the power to declare the Internet a public utility:

At this point, what we basically have is open season on lobbyists trying to influence the FCC one way or another, eventually leading to some sort of rulemaking, followed (inevitably) by a bunch of lawsuits from broadband providers who aren’t going to be happy with any solution. And, of course, the potential (unlikely as it may be) for Congress to get involved. [..]

And while Wheeler has suggested that the FCC is willing to knock down laws that block competition, we’ll believe it when we see it in action. On top of that, Wheeler made it clear today that he still sees the interconnection issue as a separate issue, even thought it’s becoming clear that that’s where the real problem is. Oh, and while lots of people are calling for Title II reclassification, and there are many reasons to believe that may be the best solution, it’s also exceptionally messy as well, because Title II has lots of problems as well. The FCC would need to deal with those problems, via forbearance, which creates a whole different set of headaches. [..]

But, that doesn’t mean that everyone should just throw up their hands and go home to their (increasingly slow) internet. The broadband lobbyists will not be doing that. And, of course, they know quite well how to play the lobbying game and how to work the ins-and-outs of everything above. It is why it’s going to become increasingly important to become much more informed on a variety of these issues and the true implications of the choices the FCC makes in the coming months. If you would like to weigh in, and I do suggest everyone seek to share their comments with the FCC, I would suggest first spending a little time more deeply reading through the full set of issues and what the pros and cons of different options may be. You can file comments directly with the FCC or via a very, very handy Dear FCC tool that the EFF put together.

Time to take action by sending this easy letter to the FCC that the Electronic Freedom Foundation has put together:

It’s our Internet. We made it, and it has re-made us, changing the way we communicate, learn, share and create.

We want the Internet to continue to live up to its promise, fostering innovation, creativity and freedom. We don’t want regulations that will turn our ISPs into gatekeepers, making special deals with the few companies that can “pay to play” and inhibiting new competition, innovation and expression.

Start your letter to the FCC by clicking here

Keep the Internet Neutral

Net Neutrality may shortly become another broken promise made by Barack Obama during is campaign for the presidency. His appointment of telecommunications lobbyist, Thomas Wheeler, may well be the nail in its coffin. Bill Moyers and his guests, David Carr of the New York Times and Susan Crawford, a visiting professor at Harvard Law School think is still time to stop it death if the public takes action.

“For most Americans, they have no choice for all the information, data, entertainment coming through their house, other than their local cable monopoly.  And here, we have a situation where that monopoly potentially can pick and choose winners and losers, decide what you see,” Crawford tells Moyers.

Carr adds: “People have a close, intimate relationship with the web in a way they don’t other technologies … they have the precious propriety feelings about it.  And I’m not sure if the FCC really knows what they’re getting into.”

The problem, Bill Moyers says, is that “business and government are now so intertwined that public officials and corporate retainers are interchangeable parts of what Chief Justice John Roberts might call ‘the gratitude machine.'” FCC officials, including Wheeler, transit back and forth through the revolving door between public service and lucrative private commerce, losing sight of the greater good. But there’s still time to speak up and make your voices heard.

Don’t Let Net Neutrality Become Another Broken Promise

by Bill Moyers and Michael Winship

Barack Obama told us there would be no compromise on Net neutrality. We heard him say it back in 2007, when he first was running for president. [..]

He said it many more times. And defenders of Net neutrality believed him, that he would preserve Internet access for all, without selling out to providers like Verizon and Comcast who want to charge higher fees for speedier access – hustling more cash from those who can afford to buy a place at the front of the line. On this issue so important to democracy, they believed he would keep his word, would see to it that when private interests set upon the Internet like sharks to blood in the water, its fate would be in the hands of honest brokers who would listen politely to the pleas of the greedy, and then show them the door.

Unfortunately, it turned out to be Washington’s infamous revolving door. Last May, President Obama named Tom Wheeler to be FCC chairman. He had other choices, men or women whose loyalty was to the public, not to rich and powerful corporations. But Tom Wheeler had been one of Obama’s top bundlers of campaign cash – both in 2008 and again in 2012, when he raised at least half a million dollars for the president’s re-election. Like his proposed new rules for the Web, that put him at the front of the line.

Take Action Now

   » Save the Internet has a sample script, an email petition and instructions on how to call Wheeler and request that the chairman abandon his proposal.

   » Using WhiteHouse.gov’s We the People site, critics of the new proposal have also launched a petition, calling for “nothing less than complete neutrality in our communication channels.” It already has over 40,000 signatures.

   » A second petition asks the FCC to reclassify broadband as a regulated common-carrier service, which means it would have to be open to all, and serve all customers without discrimination. Currently broadband is classified as an information service, a category that gives the FCC a fairly limited set of regulatory options.

   » There are a number of other organizations that are working on maintaining Net neutrality, including: Access, CREDO Action, Demand Progress, Fight for the Future, Free Press, Open Technology Institute, Public Knowledge, Voices for Internet Freedom

In January, the U.S. Court of Appeals for the District of Columbia Circuit dealt a blow to net neutrality when it struck down the government’s latest effort to require internet providers to treat all traffic the same and give consumers equal access to lawful content. The Federal Communication Commission new proposal would allow Internet providers like Verizon or Comcast to charge media companies like Netflix or Amazon extra fees in order to receive preferential treatment, such as faster speeds for their content. This will translate not only to higher fees from you internet service provider (ISP) but from Netflix, Amazon, etc. According the FCC chairman Thomas Wheeler, former venture capitalist and lobbyist for the cable and wireless industry, is insisting nothing will change.

According to Mike Massick at Techdirt that’s just flat out not true

The problem is that this is absolutely misleading — and either the FCC doesn’t realize this or it’s not being honest. And, I’m not sure which one is more bizarre. Wheeler is, indeed, correct in saying that under the court ruling from earlier this year, in order to be able to do anything under Section 706 of the Telecom Act, they had to shift from talking about “unreasonable discrimination” (which they can’t regulate under 706) to “commercially reasonable” activities (which they can regulate). So, in effect, Wheeler is trying to argue that by basically shifting the basis for the rules and substituting in the “commercially reasonable” standard as opposed to blocking “unreasonable discrimination” (which can be done under common carrier rules, but since the FCC reclassified broadband service as not being a telco service, that’s not available), they’re now back in proper legal territory under the law.

Perhaps Wheeler and his friends at the FCC think that this subtle shift in phrases to abide by the blueprint the court set out really does leave the existing rules in place. But, it’s not that simple. As Stacy Higginbotham points out, even if the FCC doesn’t want to destroy net neutrality, this subtle shift will do so anyway. To understand why, the best article to read is the one by Marvin Ammori, who has been fighting this fight for years. He argues that, unlike the CNET article above that says to “calm down,” we should actually be even more worried. Because even if the FCC thinks it can stop net neutrality violations, companies are still going to get screwed. Basically, the FCC can only act after the fact, and then it’s going to come down to a fight between a big telcos’ lawyers… and a tiny startups’ lawyers. Guess who wins?

Retired FCC Commissioner Michael Copps, told Democracy Now!‘s Amy Goodman and Juan González that this “transformation of the Internet where the 1 percent get the fast lanes, and the 99 percent get the slow lanes,” and “If we let that happen, we have really undercut the potential of this transformative technology. This has to be stopped.”

They were joined by Astra Taylor, author of the new book, “The People’s Platform: Taking Back Power and Culture in the Digital Age.”

We need to stop the FCC from ending the internet as we know it and preserve net neutrality.

People everywhere understand that the Internet is a crucial driver of free speech, innovation, education, economic growth, creativity and so much more. They demand real Net Neutrality rules that protect Internet users from corporate abuse.

But the Federal Communications Commission is proposing rules that would kill – rather than protect – Net Neutrality and allow rampant discrimination online.

Under these rules, telecom giants like AT&T, Comcast and Verizon would be able to pick winners and losers online and discriminate against online content and applications. And no one would be able to do anything about it.

We must stop the FCC from moving forward with these rules, which would give the green light to ISPs eager to crush Net Neutrality.

The agency can preserve Net Neutrality only by designating broadband as a telecommunications service under the law. Anything else is an attack on our rights to connect and communicate.

Tell FCC Chairman Wheeler to throw out his proposed rules. Demand nothing less than real Net Neutrality.

U.S. Appeals Court Deals Major Blow To Net Neutrality

By Reuters

A U.S. appeals court on Tuesday struck down the government’s latest effort to require internet providers to treat all traffic the same and give consumers equal access to lawful content, a policy that supporters call net neutrality.

The Federal Communications Commission did not have the legal authority to enact the 2011 regulations, which were challenged in a lawsuit brought by Verizon Communications Inc, the U.S. Court of Appeals for the District of Columbia Circuit said in its ruling. [..]

During the oral argument in September, Verizon’s lawyer said the regulations violated the company’s right to free speech and stripped control of what its networks transmit and how.

The eventual outcome of the dispute may determine whether internet providers can restrict some content by, for instance, blocking or slowing down access to particular sites or charging websites to deliver their content faster.

As Expected, Court Strikes Down FCC’s Net Neutrality Rules: Now What?

By Mike Masnick, Techdirt

Basically, this is exactly what lots of us said at the start of this whole process. I’ve seen a bunch of reports overreacting to this today, from people saying that it’s “the death of the internet.” It’s not. There are problems on both sides here. The telcos absolutely do want to abuse things to effectively double charge both sides. And that could clearly create significant issues with the basic end-to-end nature of the internet.

However, on the flip side, we should be equally concerned about the FCC overstepping its bounds and mandate in regulating the internet. Because that opens up the opportunity for the FCC to regulate all sorts of aspects of the internet in dangerous ways. So, this ruling is both good and bad. It stops the FCC from overstepping its bounds… but opens up the opportunity for the telcos to sweep in and try to upset the basic concepts of the internet. It’s what happens now that becomes interesting. The court does leave open the possibility that the FCC could use other aspects of its mandate to establish net neutrality rules — where it has a much more firm legal footing. In other words, the court is telling the FCC basically: you can establish net neutrality rules if you do it correctly.

Circuit Court Of Appeals Strikes Down FCC’s Open Internet Order, Net Neutrality Threatened

By Darrell Etherington, TechCrunch

Media watchdog and advocacy agency Free Press released the following statement about the decision via President and CEO Craig Aaron, condemning it while also acknowledging that the Open Internet Order probably wasn’t the best possible solution for enforcing net neutrality:

   We’re disappointed that the court came to this conclusion. Its ruling means that Internet users will be pitted against the biggest phone and cable companies – and in the absence of any oversight, these companies can now block and discriminate against their customers’ communications at will.

   The compromised Open Internet Order struck down today left much to be desired, but it was a step toward maintaining Internet users’ freedom to go where they wanted, when they wanted, and communicate freely online. Now, just as Verizon promised it would in court, the biggest broadband providers will race to turn the open and vibrant Web into something that looks like cable TV. They’ll establish fast lanes for the few giant companies that can afford to pay exorbitant tolls and reserve the slow lanes for everyone else.

   The FCC – under the leadership of former Chairman Julius Genachowski – made a grave mistake when it failed to ground its open Internet rules on solid legal footing. Internet users will pay dearly for the previous chairman’s lack of political will. That’s why we need to fix the problems the agency could have avoided in the first place.

   New FCC Chairman Tom Wheeler recently stated that the FCC must have the ability to protect broadband users and preserve the Internet’s fundamental open architecture. In order to do that, he must act quickly to restore reassert the FCC’s clear authority over our nation’s communications infrastructure. The agency must follow its statutory mandate to make broadband communications networks open, accessible, reliable and affordable for everyone.

   We look forward to working with Chairman Wheeler and the rest of the Commission to protect and preserve real Net Neutrality.

Take Action: Sign the Petition from Netroots Action

A federal appeals court just sided with Verizon and against you, against us, against the Internet.

If this ruling stands, the Internet as we know it will die.

Forget free and open access. Picture a system like cable TV with corporations charging for different levels of access, and blocking access to information they don’t favor!

The Internet is our tool for circumventing the corporate media, for reaching each other with a bit of truth and accuracy, for organizing each other into collective action. We cannot let this one go.

Sign this petition to the FCC, Congress, and the White House now!