State Responses to Net Neutrality
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Net Neutrality Is Crucial for Democracy. Please Don't Let the Broadband Monopolies Extort Every Website Owner in the World
Net neutrality is crucial for democracy. Please don't let the broadband monopolies extort every website owner in the world. They're already screwing over their customers with their exorbitant prices and unreliably service *cough*monopoly*cough*. We use the internet to communicate. We need the internet to communicate it large groups. Comcast and friends are common carriers. This is really important. -Jason Woofenden, Northampton, MA I'm a single-mother with a home-based business. Net Neutrality is important to my ability to earn money for my family, to access a wide range of information and viewpoints, and to continue on the path as a lifelong learner. -Rachel Cullar, Oakley, CA I am sick and tired off the greed off the cable companies and the whores in Washington, DC they will get on thier knees for any reason as long as they get the money. Wheeler is just the latest The United States would be well served turning Washington, DC back into a swamp. Please include all of the politicians and lobby folks. Thanks -Edward Tharp, Capistrano Beach, CA Net Neutrality is important to me because it is a free and equal system. It is also a system that is not broken, nor in need of an overhaul or major changes. As a taxpayer, citizen and voter, I want the groups that represent me (FCC, Congress, etc) to hear my voice because our government exists not only to govern but to hear the voice of the common man. -Eric Petersen, Millville, CA Simply put, there is no reason to end Net Neutrality. -
APRIL 17, 2015 Chairman Tom Wheeler Federal Communications
APRIL 17, 2015 Chairman Tom Wheeler Federal Communications Commission 445 12th Street, SW Washington, DC 20554 Re: Applications of Comcast Corp. and Time Warner Cable Inc. for Consent to Assign or Transfer Control of Licenses and Authorizations, MB Docket No. 14-57 Dear Chairman Wheeler: It has been more than a year since Comcast announced its intention to acquire Time Warner Cable to form a cable TV and ISP behemoth. The combined company would, among other things: control over half of the high-speed residential broadband connections in the United States; dominate pay-TV across the nation; combine even stronger distribution muscle with NBC-Universal’s “must-have” video programming; and control critical advertising and set-top- box inputs. Opposition to this merger began the day the deal was announced and has grown to historic proportions. Over 700,000 Americans have called on you to reject the proposed merger, far more people than have opposed any other merger in the history of the Commission. Diverse industry and public interest group stakeholders (several of which are represented by the signatories below) have filed extensive documents in strong opposition to the merger. 1 The message is clear: the Commission should reject this merger because it would result in too much power in the hands of one company. You have staked your chairmanship on the importance of fostering competition to protect consumers and spur innovation, investment, lower prices and diversity. We agree. And the only way to protect that competitive future now is to reject the Comcast/Time Warner Cable merger outright — no conditions, no side deals — no merger, period. -
Unscrambling the FCC's Net Neutrality Order: Preserving the Open Internetâ•Flbut Which
UNSCRAMBLING THE FCC's NET NEUTRALITY ORDER: PRESERVING THE OPEN INTERNET-BUT WHICH ONE? Larry Downest I. INTRODUCTION This article offers a critical reading of the Federal Communications Commission's ("FCC" or "Commission") December 23, 2010 Report and Order entitled "Preserving the Open Internet."I This year-long proceeding, concluded just as the 2010 lame duck Congress was about to adjourn, resulted in significant new regulations for some broadband Internet access providers. The new rules enact into law a version of what is sometimes referred to as the "net neutrality" principle. Proponents of net neutrality regulation argue that the Internet's defining feature-and the key to its unarguable success-is the content-neutral routing and transport of individual packets through the network by Internet service providers, a feature of the network that requires strong 2 protection and enforcement by the FCC. The FCC describes its new rules as rules of the road to ensure a "level playing field" for application and other service providers in accessing U.S. markets, consumers, and devices.3 t Larry Downes is Senior Adjunct Fellow with TechFreedom. His books include LARRY DOWNES, UNLEASHING THE KILLER APP: DIGITAL STRATEGIES FOR MARKET DOMINANCE (Harvard Business School Press 1998) and, most recently, LARRY DOWNES, THE LAWS OF DISRUPTION: HARNESSING THE NEW FORCES THAT GOVERN LIFE AND BUSINESS IN THE DIGITAL AGE (Basic Books 2009). This article was adapted from testimony delivered on February 15, 2011, before the House Judiciary Committee's Subcommittee on Intellectual Property, Competition, and Internet. Ensuring Competition on the Internet: Net Neutrality andAntitrustBefore the H. -
Antitrust Over Net Neutrality: Why We Should Take Competition in Broadband Seriously
ANTITRUST OVER NET NEUTRALITY: WHY WE SHOULD TAKE COMPETITION IN BROADBAND SERIOUSLY HON. MAUREEN K. OHLHAUSEN* In 2015, the FCC subjected broadband Internet service provid- ers to Title II regulation. It did so to enforce net neutrality rules, which require ISPs (internet service providers) to treat all content on their networks equally. The principal justification is to prevent ISPs, in delivering content to their subscribers, from favoring their own content or that of other creators who pay for “fast lanes.” Should such discrimination flourish—the concern goes—ISPs could relegate disfavored content providers to second-tier modes of access to consumers, degrading competition. The rationalization for net neutrality regulation, however, is hard to square with the facts. There is, after all, virtually no evi- dence of ISPs excluding rival content. Two reasons likely explain the paucity of anticompetitive conduct. First, market forces driven by consumer demand would punish broadband service providers that throttled or excluded desired content. And, second, antitrust would forbid efforts by ISPs with significant market power to fore- close rival content. Yet, the FCC’s decision to enact broad net neu- trality rules, which the D.C. Circuit subsequently upheld in 2016, repudiated the view that antitrust is a viable solution to the threat of net neutrality violations. This Article argues, however, that net neutrality proponents too easily dismiss antitrust. Competition law can indeed protect non-economic goals like free speech and democratic participation, but only to the extent that consumers actually value those goals above others. Of course, antitrust does not promote civic discourse as an end in itself. -
Internet Freedom in China: U.S. Government Activity, Private Sector Initiatives, and Issues of Congressional Interest
Internet Freedom in China: U.S. Government Activity, Private Sector Initiatives, and Issues of Congressional Interest Patricia Moloney Figliola Specialist in Internet and Telecommunications Policy May 18, 2018 Congressional Research Service 7-5700 www.crs.gov R45200 Internet Freedom in China: U.S. Government and Private Sector Activity Summary By the end of 2017, the People’s Republic of China (PRC) had the world’s largest number of internet users, estimated at over 750 million people. At the same time, the country has one of the most sophisticated and aggressive internet censorship and control regimes in the world. PRC officials have argued that internet controls are necessary for social stability, and intended to protect and strengthen Chinese culture. However, in its 2017 Annual Report, Reporters Without Borders (Reporters Sans Frontières, RSF) called China the “world’s biggest prison for journalists” and warned that the country “continues to improve its arsenal of measures for persecuting journalists and bloggers.” China ranks 176th out of 180 countries in RSF’s 2017 World Press Freedom Index, surpassed only by Turkmenistan, Eritrea, and North Korea in the lack of press freedom. At the end of 2017, RSF asserted that China was holding 52 journalists and bloggers in prison. The PRC government employs a variety of methods to control online content and expression, including website blocking and keyword filtering; regulating and monitoring internet service providers; censoring social media; and arresting “cyber dissidents” and bloggers who broach sensitive social or political issues. The government also monitors the popular mobile app WeChat. WeChat began as a secure messaging app, similar to WhatsApp, but it is now used for much more than just messaging and calling, such as mobile payments, and all the data shared through the app is also shared with the Chinese government. -
Net Neutrality Reloaded
Luca Belli Editor Net Neutrality Reloaded: Net Neutrality Reloaded: Zero Rating, Specialised Service, Ad Blocking and Traffic Management Zero Rating, Specialised Service, Annual Report of the UN IGF Dynamic Coalition on Net Neutrality Ad Blocking and Traffic Management Luca Belli Editor Annual Report of the UN IGF This Report is the 2016 outcome of the IGF Dynamic Coalition on Network Neutrality (DCNN). The Report gathers a series of case studies on a variety Dynamic Coalition of net neutrality issues from the perspective of different stakeholders. The double purpose of this report is to trigger meaningful discussion on net on Net Neutrality neutrality trends, while providing informative material that may be used by researchers, policy-makers and civil society alike. Researchers, practitioners and policy-makers regularly contribute to the DCNN report, providing a wide range of heterogeneous views. Preface by Tim Wu In 2016, Zero Rating was by large the most debated net neutrality issue, as reflected by the considerable number of contributions focusing on the topic within this report. Such high number of analyses on zero rating seems particularly useful to meet the increasing demand of research exploring the pros and cons of price discrimination practices. Furthermore, the report examines other very relevant and discussed topics, such as specialised services, ad blocking and reasonable traffic management, providing useful insight on some of the most recent policy evolutions in a variety of countries. Net Neutrality Reloaded: Zero Rating, -
The FCC's Knowledge Problem: How to Protect Consumers Online
The FCC’s Knowledge Problem: How to Protect Consumers Online Hon. Maureen K. Ohlhausen* TABLE OF CONTENTS I. A FRAMEWORK FOR THINKING ABOUT REGULATION: COMPARING THE FCC AND THE FTC .................................................................. 205 A. The Regulator’s Knowledge Problem....................................... 206 B. The FCC’s Prescriptive, Ex Ante Regulatory Approach .......... 208 C. The FTC’s Flexible, Ex Post Enforcement-Based Approach ... 212 II. NET NEUTRALITY AND THE FCC: A CASE STUDY IN REGULATORY DIFFICULTY ..................................................................................... 214 A. What is Net Neutrality? ............................................................ 215 1. Proponents of Net Neutrality Regulation .......................... 215 2. Opponents of Net Neutrality Regulation .......................... 216 B. The FCC’s History of Broadband Regulation: The Road to Reclassification ........................................................................ 218 1. Broadband as a Title I information service ....................... 218 2. The Verizon Decision ........................................................ 220 3. The Aftermath of Verizon ................................................. 221 Commissioner, Federal Trade Commission. I would like to thank Neil Chilson for his contributions to this essay. The views expressed here are solely my own and do not necessarily represent the views of the Commission or any other individual Commissioner. Portions of this essay were adapted from a keynote -
Oversight of the Federal Communications Commission
S. HRG. 114–175 OVERSIGHT OF THE FEDERAL COMMUNICATIONS COMMISSION HEARING BEFORE THE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION UNITED STATES SENATE ONE HUNDRED FOURTEENTH CONGRESS FIRST SESSION MARCH 18, 2015 Printed for the use of the Committee on Commerce, Science, and Transportation ( U.S. GOVERNMENT PUBLISHING OFFICE 98–498 PDF WASHINGTON : 2016 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Nov 24 2008 10:32 Feb 08, 2016 Jkt 075679 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\GPO\DOCS\98498.TXT JACKIE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ONE HUNDRED FOURTEENTH CONGRESS FIRST SESSION JOHN THUNE, South Dakota, Chairman ROGER F. WICKER, Mississippi BILL NELSON, Florida, Ranking ROY BLUNT, Missouri MARIA CANTWELL, Washington MARCO RUBIO, Florida CLAIRE MCCASKILL, Missouri KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii JERRY MORAN, Kansas EDWARD MARKEY, Massachusetts DAN SULLIVAN, Alaska CORY BOOKER, New Jersey RON JOHNSON, Wisconsin TOM UDALL, New Mexico DEAN HELLER, Nevada JOE MANCHIN III, West Virginia CORY GARDNER, Colorado GARY PETERS, Michigan STEVE DAINES, Montana DAVID SCHWIETERT, Staff Director NICK ROSSI, Deputy Staff Director REBECCA SEIDEL, General Counsel JASON VAN BEEK, Deputy General Counsel KIM LIPSKY, Democratic Staff Director CHRIS DAY, Democratic Deputy Staff Director CLINT ODOM, Democratic General Counsel and Policy Director (II) VerDate Nov 24 2008 10:32 Feb 08, 2016 Jkt 075679 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 S:\GPO\DOCS\98498.TXT JACKIE C O N T E N T S Page Hearing held on March 18, 2015 ........................................................................... -
The High Cost of Doing Nothing on Net Neutrality Introduction
ISSUE BRIEF: Q4 2019 UPDATE THE HIGH COST OF DOING NOTHING ON NET NEUTRALITY INTRODUCTION Business Forward has organized hundreds of briefings across the country on technology and innovation, collecting recommendations from local business leaders on a range of issues, from how to protect IP to helping small businesses use the internet to find new markets. Few issues are as important – or contentious – as net neutrality. This issue brief explains why net neutrality matters and offers a path to achieving it. The term “net neutrality” was coined in 2003, capturing the belief that the best way to ensure an open and vital internet is to prevent network operators from interfering with traffic to favor data from some sites or applications over others. Without net neutrality, network operators could censor viewpoints, stifle startups by charging exorbitant tolls, or undermine competition by favoring their own web offerings over their competitors’ offerings. With net neutrality, companies operating at the “edge” of the network are more likely to invest in distance learning, telemedicine, media streaming, and other new, data-intensive businesses. FOUR DIFFERENT FCC CHAIRS, SERVING TWO PRESIDENTS, SUPPORTED NET NEUTRALITY PRINCIPLES, POLICIES OR RULES – BUT THEY LACKED CONGRESSIONAL AUTHORITY TO ENFORCE THEM. The FCC began working on ways to promote net neutrality in 2004. Four different FCC chairs (Michael Powell, Kevin Martin, Julius Genachowski, and Tom Wheeler) serving two presidents (George W. Bush, Barack Obama) issued net neutrality principles, policies or rules. But federal courts or subsequent FCC orders struck down these efforts. Martin’s “policy statement” was found to be unenforceable because it wasn’t a formal regulation. -
Prepared Remarks of Chairman Julius Genachowski Federal Communications Commission 10Th Annual Seixas Award Dinner Low Memorial L
Prepared Remarks of Chairman Julius Genachowski Federal Communications Commission 10th Annual Seixas Award Dinner Low Memorial Library at Columbia University New York City April 27, 2010 On Receipt of the Gershom Mendes Seixas Award Thank you, Dean Lehecka. For so many of us you’ve been the heart and soul of this great school, and it’s a particular honor for me to have you present this award. Thank you to the Columbia/Barnard Hillel, and in particular Dr. Judy Schwartz and Simon Klarfeld. Thank you Robert Kraft. We are moved by your words of unity tonight, and by your long list of stunning accomplishments, including the rebuilding of the Hillel here. Congratulations to my longtime friend Jay Lefkowitz. Considering our somewhat divergent political paths – Jay working for Presidents Bush 41 and 43, I for President Obama and Senator Schumer -- I don’t always cheer when Jay is on the winning side. But tonight is certainly not one of those times. Jay richly deserves this award, and I applaud him. A few months ago, someone called saying they wanted to give me an award whose previous recipients include Robert Kraft, Arthur Sulzberger, Edgar Bronfman, and Herman Wouk. My immediate thought was … they’ve made a mistake. Growing up I rooted for the Jets, not the Patriots. I read Newsday more than the New York Times. I’ve been very fortunate to work with Edgar Bronfman Junior, but have never met his father. And then I realized. I was finally being acknowledged for something I’ve accomplished that I didn’t know anyone knew about, but of which I’m quite proud: Reading every word of every one of Herman Wouk’s great books. -
The Best Path Forward on Net Neutrality
POLICY BRIEF The Best Path Forward on Net Neutrality BY ROBERT LITAN AND HAL SINGER SEPTEMBER 2014 Introduction Net neutrality—the notion that all Internet traffic, regardless of its source or type, must be treated the same by Internet Service Providers (ISPs)—is back on the na- tion’s political radar. The catalyst was the D.C. Court of Appeals’ decision last January in Verizon v. FCC, which overturned the Federal Communications Com- mission’s (FCC) “Open Internet Order.” The essence of the Court’s ruling was that the FCC lacked legal authority to impose the specific non-discrimination re- quirements embodied in that order, which prohibited ISPs and content providers from negotiating rates for speedier delivery or “paid prioritization.” The Court’s rationale was that the FCC had previously declined to designate Internet access “common carriage” under Title II of the Telecommunications Act, a classification that the Court essentially suggested could have justified its order. Importantly, the Court also articulated a less-invasive path for regulating such arrangements, in which ISPs and content providers could voluntarily negotiate the terms for priority delivery. The FCC could serve as a backstop to adjudicate disputes if negotiations broke down and discrimination was to blame. Moreover, the Court signaled that the FCC could invoke this alternative approach under its existing (Section 706) authority without reclassifying ISPs. The Court’s decision has unleashed a vigorous debate over both paid prioritiza- tion and whether Internet access now should be subject to Title II. Broadly speak- ing, public interest and some consumer groups, coupled with some in the tech community (collectively, the “netizens”), want the same (zero) price for all types of online content, regardless of the volume of traffic on each site. -
July 18, 2012 Chairman Julius Genachowski Federal Communications Commission 445 12Th Street SW Washington, DC 20554 Re
July 18, 2012 Chairman Julius Genachowski Federal Communications Commission 445 12th Street SW Washington, DC 20554 Re: Letter, CG Docket No. 09-158, CC Docket No. 98-170, WC Docket No. 04-36 Dear Chairman Genachowski, Open data and an independent, transparent measurement framework must be the cornerstones of any scientifically credible broadband Internet access measurement program. The undersigned members of the academic and research communities therefore respectfully ask the Commission to remain committed to the principles of openness and transparency and to allow the scientific process to serve as the foundation of the broadband measurement program. Measuring network performance is complex. Even among those of us who focus on this topic as our life’s work, there are disagreements. The scientific process happens best in the sunlight and that can only happen when as many eyes as possible are able to look at a shared set of data, work to replicate results, and assess its meaning and impact. This ensures the conclusions from the broadband measurement allow for meaningful, data-driven policy making. Since the inception of the broadband measurement program, those of us who work on Internet research have lauded its precedent-setting commitment to open-data and transparency. Many of us have engaged with this program, advising on network transparency and measurement methodology and using the openly-released raw data as a part of our research. However, we understand that some participants in the program have proposed significant changes that would transform an open measurement process into a closed one. Specifically, that the Federal Communications Commission (FCC) is considering a proposal to replace the Measurement Lab server infrastructure with closed infrastructure, run by the participating Internet service providers (ISPs) whose own speeds are being measured.