Net Neutrality and Civil Liberties

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What should libraries do?

awareness

education

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“Net neutrality” means that consumers can access any legal content or run any Internet applications regardless of their network provider. Current telecommunications laws are being revamped but language prohibiting preferential treatment of network traffic has been removed. Internet service providers could decide to provide lots of bandwidth to certain customers and not to others. So telecommunications companies could dictate which Internet sites get preferential treatment (e.g. a company could pay their carrier a premium to deliver movies, videos, etc.). As bandwidth is a limited resource, every prioritized packet pushes aside another packet that is deemed less important. Internet network owners could be allowed to decide on their own how and when to restrict content or different kinds of traffic.

Issue for Academic Libraries: Library services could be impaired or blocked by providers, particularly if "free" services and content provided by libraries are given low priority.

SaveTheInternet.com's primer Net Neutrality 101

collection of over four dozen short videos advocating for net neutrality

Civil liberties protect the individuals from government and, increasingly, from corporations. Civil liberties set limits so that government and corporations cannot abuse their power and interfere with the lives of citizens and customers.

freedom of association
freedom of assembly
freedom of religion
freedom of speech
due process
privacy

Most employees lose their civil liberties on the job.

A neutral internet does not interfere with who we associate with online, hang out with online, or say and write online.

Save the Internet Coalition

The Coalition believes that the Internet is a crucial engine for economic growth and free speech. We are working together to urge Congress to preserve Network Neutrality, the First Amendment for the Internet that ensures that the Internet remains open to innovation and progress.

From its beginnings, the Internet has leveled the playing field for all comers. Everyday people can have their voices heard by thousands, even millions of people. The SavetheInternet.com Coalition -- representing millions of Americans from all walks of life -- is working together to ensure that Congress passes no telecommunications legislation without meaningful and enforceable Network Neutrality protections.

Latest news on the U.S. legal battle

Google News search for "Net Neutrality"
Title Bill number Date introduced Sponsors Provisions Status
Internet Non-Discrimination Act of 2006 S. 2360 March 2, 2006 Ron Wyden (D-Oregon) Prohibits blocking or modification of data in transit, except to filter spam, malware, and illegal content; mandates common-carrier rules for subscriber network operators.  
Communications Opportunity, Promotion and Enhancement Act of 2006 H.R. 5252 March 30, 2006 Joe Barton (R-Texas and Chairman of the House Commerce Committee) Proposes to create a national franchise for video providers, and additionally addresses net neutrality, e911, and municipal broadband. Passed 321-101 by the full House of Representatives on June 8, 2006- but with the Network Neutrality provisions of the Markey Amendment removed. Bill killed by end of 109th Congress.
Network Neutrality Act of 2006 H.R. 5273 April 3, 2006 Ed Markey (D-Massachusetts) Amends the Communications Opportunity, Promotion, and Enhancement Act of 2006 (COPE) to make its existing neutrality provisions more strict. Defeated 34-22 in committee with Republicans and some Democrats opposing, most Democrats supporting.
Communications, Consumer’s Choice, and Broadband Deployment Act of 2006 S. 2686 May 1, 2006 Ted Stevens (R-Alaska), Daniel Inouye (D-Hawaii) Aims to amend the Communications Act of 1934 and addresses net neutrality by directing the FCC to conduct a study of abusive business practices predicted by the Save the Internet coalition and similar groups. Sent to the full Senate in a 15-7 committee vote and defeated by the Senate Committee on Commerce, Science, & Transportation on June 28, 2006.
Internet Freedom and Nondiscrimination Act of 2006 H.R. 5417 May 18, 2006 Jim Sensenbrenner (R-Wisconsin), John Conyers (D-Michigan) Makes it a violation of the Clayton Antitrust Act for broadband providers to discriminate against any web traffic, refuse to connect to other providers, block or impair specific (legal) content; prohibits the use of admission control to determine network traffic priority. Approved 20-13 by the House Judiciary committee on May 25, 2006.
Internet Freedom Preservation Act of 2006 S. 2917 May 19, 2006 Olympia Snowe (R-Maine), Byron Dorgan (D-North Dakota) Amends the Communications, Consumer’s Choice, and Broadband Deployment Act of 2006. Introduces more rigid net-neutral standards including a ban on the blocking/degradation of lawful content, and a ban on QoS deals between network providers and specific content providers. States that FCC would be responsible for enforcing complaints and conducting reports on the state of the broadband market.

source: Wikipedia

S.215: The Internet Freedom Preservation Act

A bill to amend the Communications Act of 1934 to ensure net neutrality. Public Knowledge's PDF and LOC's Thomas.

Introduced: Jan 9, 2007

Sponsors: Sen Byron L. Dorgan; Sen Olympia J. Snowe

Status: Read twice and referred to the Committee on Commerce, Science, and Transportation.

AT&T Merger Contains First Net Neutrality Guidelines
by K.C. Jones
InformationWeek, January 2, 2007

The merger agreement between AT&T and SBC contains an unprecedented network neutrality provision that could form the basis of future policy and regulations.

AT&T's Final Merger Commitments to the FCC. They will sunset after 24 months. In any case, such commitments have not been met in the recent past (fiber to the home; high def television).


Learn more

in favor of net neutrality

against net neutrality

We Are the Web by Kevin Kelly, Wired 13.08, August 2005

World of Ends
What the Internet Is and How to Stop Mistaking It for Something Else.
by Doc Searls and David Weinberger

The Paradox of the Best Network
Rise of the Stupid Network

Lawrence Lessig

Lawrence Lessig suggests that the struggle is between old control and new control. Old business models vs new business models. He sees a third way: less control, much less.

Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity

The Future of Ideas: The Fate of the Commons in a Connected World - web site

Code and Other Laws of Cyberspace - excerpt | conclusion

Creative Commons

The Berkman Center for Internet and Society
articles by Lawrence Lessig


Michael Geist

Canada Research Chair in Internet and E-Commerce Law at the University of Ottawa.

Geist was educated at the University of Western Ontario, Osgoode Hall Law School, Cambridge University and the Columbia Law School.

His weekly columns on new technology and its legal ramifications appear in the Toronto Star and the Ottawa Citizen, among others.


From consumers to users: Shifting the deeper structures of regulation towards sustainable commons and user access
by Yochai Benkler
Federal Communication Law Journal, 2000

The emergence of the digitally networked environment makes possible the development of a robust, open social conversation in which all can participate as peers. This technological and economic possibility is not, however, preordained.

Decisions about the organization and regulation of the content, logical, and physical layers of the Internet will determine whether the digital environment will eventually, in large measure, replicate the mass media model, or whether it will indeed change the deep structure of our information environment.

The focus of the policy concerns that have traditionally justified structural media regulation should, at this time, be focused on assuring that the digitally networked environment evolves into a stable system for peer users, rather than towards a system in which commercial producers and passive consumers are the primary players. These goals suggest that we:

develop and sustain commons, wherever possible, in the resources necessary for the production and exchange of information

design provisions enabling access to the resources that cannot be sustained as commons

Such a policy focus would be a more effective means than traditional structural media regulation of securing robust democratic discourse and individual expressive freedom

Breaking the digital gridlock (.pdf)
CNET News.com, July 26, 2004

High-speed Internet access is rapidly evolving from a Web-surfing luxury into an everyday necessity. But the development of broadband technology remains stunted by market uncertainty and mind-numbing bureaucracy. This special series identifies the crucial elements of any policy agenda aimed at building a national broadband network.

It's Our Net

The giant phone and cable companies are trying to take control of the Internet away from the public and convert it into their own private, corporate network.

Services, Infrastructure & Opportunity
by Bob Frankston

Why You Should Care About Network Neutrality
by Tim Wu
Slate, May 1, 2006

Telecom bill would leave U.S. lagging behind rest of world
by Michael Weisman
Seattle Times, June 29, 2006

The thousands of startup visionaries living in the Northwest might want to find their passports, because creating new business models in the U.S. will become much more complicated, and expensive. In the rest of the developed world, it won't be a problem, because every developed country has a strong network-neutrality law in place, extending not just to the Internet, but also to mobile networks, cable TV and television. Stevens' bill puts the U.S. out of step with the rest of world, a world that is fast passing us in productivity, the knowledge economy and broadband connectivity. ...

Every other major developed country has strong network-neutrality laws in place, far stronger than anything the Congress is considering in any of the many amendments to Stevens' bill.

Because these countries have strong laws, keeping the networks open to competition and free for any budding startup to use, they have far surpassed the U.S. on the information highway. They have faster networks, lower fees and more-advanced services like IPTV, distance learning, and remote medical and security monitoring. Their networks are more reliable and secure, because reliability, security and speed are built in.

The Economics of Net Neutrality: Why the Physical Layer of the Internet Should Not Be Regulated (635 KB .pdf)
by Christopher S. Yoo
Progress & Freedom Foundation, July 11, 2004

The rigid application of the end-to-end argument embodied in the major network neutrality proposals envisions promoting innovation at the network’s edge to the exclusion of innovation in the network’s core. While effective in promoting deployment of the applications that currently dominate the Internet, such as e-mail and web browsing, this approach is ill suited to the more demanding types of applications that are emerging today. It also runs the risk of introducing a regulation-induced bias in favor of certain types of applications and against others.

A Skeptic’s Primer on Net Neutrality Regulation
by Kyle Dixon et al.
Progress and Freedom Foundation, June 2006

In a broad sense, the debate is about whether law and regulation should dictate completely “open” or “dumb” broadband networks or whether “openness” should be left to the marketplace. Net neutrality regulations might weaken the competitive vibrancy of the content, applications and device components of the Internet, for example applications that depend on a steady transfer of data like voice or video. Neutrality mandates and a fixation on “end-to-end” principles could also complicate efforts to keep the Internet safe and reliable. Network providers make money by signing up customers, and have a strong incentive to provide the openness their customers demand. But forcing commoditization of broadband infrastructure prohibits providers from experimenting with different network architectures that could benefit customers, and discourages entry and investment in an industry with high fixed costs and low marginal costs. Net neutrality regulations also wouldn’t necessarily remain limited to the platform layer; other layers such as services could be regulated as well. In addition, a natural extension of net neutrality regulation would be price regulation; pricing should be left to markets. In short, common carrier regulations dating from a telephone monopoly era have no place in a competitive broadband market. Net neutrality is a premature bit of industrial policy that favors companies in one tier of the Internet over companies in another tier. We remain skeptical of the premises for net neutrality regulation, critical of the regime necessary to implement it, and fearful of the unintended consequences issuing from such a regulatory mandate.

Panel Discussion: Should the Net’s Physical Layer be Regulated? (250 KB .pdf)
by Randolph May, C. Lincoln Hoewing, John Nakahata, Adam Thierer, Joe Waz, Richard Whitt, and Christopher Yoo
Progress & Freedom Foundation, September 14, 2004

Don't Regulate

Hands off the Internet

Internet of the Future

Beware of Hidden Agendas in the Net Neutrality Debate
by Sonia Arrison

Next-Generation Internet Not Guaranteed
by Sonia Arrison
TechNewsWorld, June 23, 2006

If Congress and other lawmakers decide to treat the Internet like telecommunications by passing net neutrality regulations, disallowing the reform of barriers to entry in cable and allowing for government-run muni WiFi, then Netizens should brace for the worst. The Internet, as we know it, will be over. ...

There are two potential futures for communications technologies in America. If Congress and other lawmakers decide to treat the Internet like telecommunications by passing net neutrality regulations, disallowing the reform of barriers to entry in cable and allowing for government-run muni WiFi, then Netizens should brace for the worst. The Internet, as we know it, will be over. If government gets involved in making decisions that properly belong in the marketplace, the innovation and freedom that have come to be associated with the Net will fade away.

On the other hand, legislators can choose a more prudent course. They can refuse to micromanage the Net with neutrality regulations, pass cable franchise reform to allow freer entry by new competitors in the cable market, and discourage governments from unfairly competing with the private sector using tax dollars. Such actions will place America on a better path that reaffirms freedom and innovation. Entrepreneurs will be turned loose to create new technological wonders.

Netcompetition.org's Pro Net Competition Documents - Studies | Press Releases

Net Neutrality | video
Full Committee Hearing
Senate Committee on Commerce, Science, and Transportation
February 7, 2006

arguing for minimal regulation to enforce Internet neutrality

Mr. Vinton Cerf
Vice President and Chief Internet Evangelist, Google

Mr. Lawrence Lessig
Professor of Law, Stanford Law School

Nuances:

Where does innovation come from? Incumbents or new entrants?

An abundant resource can be made artificially scarce.

arguing for no regulation at all

Mr. Kyle Dixon
Senior Fellow and Director of the federal Institute for Regulatory Law & Economics, The Progress & Freedom Foundation

The testimony reveals some opposing viewpoints:

Internet access is a duopoly and that will slow innovation: DSL and cable

Internet access is fiercely competitive and that competition will ensure innovation: DSL, cable, wireless, and power-line.

Bandwidth is an abundant resource.

Bandwidth is a scarce resource.

 

Christian Coalition of America

Christian Coalition of America announced its support for the effort to amend pending telecom legislation in Congress in order to prevent the large phone and cable companies from discriminating against web sites.

Roberta Combs, the President of Christian Coalition of America said, "Christian Coalition is joining a broad array of organizations, representing consumers, businesses, and all ends of the political spectrum. The Coalition is committed to working on behalf of our supporters to ensure that the Internet remains the free marketplace of ideas, products and services that it is today."

Net Losses
by James Surowiecki
New Yorker, March 20, 2006

The logic of the tiered-access approach is simple: broadband companies do the work of providing Internet access, so they should be able to charge what they can for it. Telecom executives say that the revenue from tiered access would let them invest more in adding bandwidth and improving download speeds, and argue that Web sites are parasites taking, as A.T. & T.’s chairman, Edward E. Whitacre, Jr., put it, a “free ride” on the pipes the broadband companies own. But these companies have pipes into people’s homes in the first place only because of a long history of government regulation, and people want to use those pipes only because of all the value the so-called parasites have created. And it’s that value which tiered access—even if it does improve the Internet’s infrastructure—will put in harm’s way. The Internet has become a remarkable fount of economic and social innovation largely because it’s been an archetypal level playing field, on which even sites with little or no money behind them—blogs, say, or Wikipedia—can become influential. If the Internet turns into a zone of tiered access, it will be harder for noncommercial sites or startup companies to compete with bigger firms.

If we build it they will come: It's time to own our own last mile
by Robert X. Cringely
PBS.org, June 29, 2006

The effect of this move would be beyond amazing. It would be astounding. No more arguments about Net Neutrality, for one thing, because we'd effectively be extending our ownership and control of the wires all the way to the ISP interconnect. Of course you'd still have to buy Internet service, but at NerdTV rates the amount of bandwidth used by a median U.S. broadband customer would be less than $2.00 per month. Though with that GREAT BIG PIPE most of us would be tempted to use a lot more bandwidth, which is exactly the point.

There would be a community-financed Internet revolution and this time, because it would be locally funded and managed, very little money would be stolen. Dark fibers would be lighting up all over America, telco capital costs would plummet, and a truly competitive market for Internet services would emerge. In 2-3 years whatever bandwidth advantage countries like Korea have would be erased and we'd be back on track building even more innovative online industries.

This would be a real marketplace not a fake one. Today's system is a fake because it depends on capturing the value of the application -- communications -- in the transport and that would no longer be possible because with the Internet the value is created OUTSIDE the network.

 

 

Do we need Net neutrality?
Infoworld Special Report

Battle lines drawn over Net neutrality
Ranks are joined on either side of traffic prioritization issue

Experts debate merits of tiered Net traffic
Bill McCloskey and Jon Taplin take differing positions on Net neutrality

Net neutrality lobbying intensifies
Tech companies and consumer groups continue their efforts to strengthen Net neutrality provisions in broadband bill

Think tank forum: Net neutrality equals property theft
Progress and Freedom Foundation criticized Net neutrality bills, which would prohibit broadband providers from blocking or slowing services to competing services such as VoIP

Net neutrality debate makes for strange allies
Christian Coalition, rockers Moby and R.E.M. voice support of Net neutrality bill

Verizon offers rebuttal on Net neutrality
Proposed legislation will 'shut the door' to new services, Verizon exec says


modified: May 2, 2007
by Douglas Anderson
http://RicciStreet.net/acrl/solutions.htm