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Network Neutrality Network Neutrality Control of information is hugely powerful. In the US, the threat is that companies control what I can access for commercial reasons. In China, control is by the government for political reasons.1 Tim Berners-Lee Internet governance is not just limited to interactions over the internet. Internet regulations also include access to the internet and the information over the internet. In the United States, the issue of what can be accessed online has been a highly debated issue. Network (“Net”) Neutrality is one of the attempts to regulate access to the internet, so all internet traffic will be treated equally.2 The Federal Communications Commission (“FCC”) at one time supported and proposed Net Neutrality through the administrative agency rulemaking process.3 Additionally, Steve Wozniak, co- founder of Apple, wrote a “To Whom this May Concern,” letter to the FCC detailing importance of having Net Neutrality, which may have had an impact on the FCC’s decision on whether to propose Net Neutrality.4 Net Neutrality, generally, is the reason information on the web is distributed in an unbiased manner and is accessible to everyone with a computer, in a designated area, for the same cost. The House of Representatives, however, successfully voted to overturn the rules passed by the 1 Tim Berners-Lee, Net Neutrality: This is serious, timbl’s blog, DIG (June 21, 2006) <http://dig.csail.mit.edu/breadcrumbs/node/144> 2 Mathew Honan, Inside Net Neutrality: Is your ISP filtering content?, Macworld (Last Updated: February 12, 2008) <http://www.macworld.com/article/1132075/netneutrality1.html> 3 Policy Statement, Federal Communications Commission (Last Visited: November 28, 2012) <http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-151A1.pdf> 4 Steve Wozniak, Steve Wozniak to the FCC: Keep the Internet Free, The Atlantic, (Last Updated: Dec. 21, 2010), <http://www.theatlantic.com/technology/archive/2010/12/steve-wozniak-to-the-fcc-keep-the-internet-free/68294/> FCC on Network Neutrality in 2011.5 Proponents of Net Neutrality range from Vinton Cerf, a co-inventor of the Internet Protocol (“IP”) and current Vice President and Chief Internet Evangelist at Google, to Robert Waterman McChesney, an influential thinker with numerous publications on communications. President Barack Obama has also shown his support for Net Neutrality. The President publicly announced his support for the net neutrality rules proposed by FCC chairman Julius Genachowski in a speech on innovation. The President spoke about how net neutrality spurs innovation and encourages others to contribute to innovation by providing a level playing field.6 The principle purpose of Net Neutrality is to ensure the internet remains a free and open technology. The arguments for Net Neutrality turn on issues like the control of data, digital rights and freedoms, competition and innovation, and preserving internet end-to- end principle. Original Purpose Argument in Support of Net Neutrality One of the issues pushed by proponent Vinton Cerf is the control of data. Vinton Cerf argues that the internet was designed to have no gatekeepers that control the addition of new content or services. The internet was originally based on a layered, end-to-end model that is free of any central control. The end-to-end internet model is based on the principle that specific application functions should start and end, uninterrupted, at the end computers in a network. The intermediary nodes, such as ISP, must not have control over the content. In other words, access to the information traveling over the internet should be determined by the end user, not the ISP. “Net neutrality means simply that all like 5 Antone Gonsalves, House Rejects FCC Net Neutrality Rules, InformationWeek (April 11, 2011) <http://www.informationweek.com/government/policy/house-rejects-fcc-net-neutrality-rules/229401316> 6 Chloe Albanesius, Obama Supports Net Neutrality Plan, PC MAG (Last Updated: September 22, 2009) <http://www.pcmag.com/article2/0,2817,2353195,00.asp> Internet content must be treated alike and move at the same speed over the network. The owners of the Internet’s wires cannot discriminate. This is the simple but brilliant ‘end-to-end’ design of the Internet that has made it such a powerful force for economic and social good.”7 The model allowed for people to create innovation without unnecessary restraint, which has been the driving force behind the internet.8 In summary, Vinton Cerf claims the original purpose and structure of the internet should be maintained so as to not undermine the principles that have made the internet such a success.9 An original purpose argument primarily focuses on preventing change, such as the implementation of government regulations on the internet, and maintaining the status quo. The original purpose argument, however, has many inherent problems. The internet has grown from simply a method for researchers to collaborate to a constant interconnecting social network. Initially, the purpose of the internet was to provide faster communications between researchers, regardless of distance, to foster better collaboration and innovation. The purpose of the internet has greatly expanded beyond driving innovation. The internet is a place for society to socialize, gather recent news, exercise their free speech, enter into contracts, and much more. If society were to agree with Vinton Cerf, the internet would still only be a place for innovation. Society would not have begun using the internet as method to socialize with others, keep up with recent news, enter into contracts, or exercise their right to free speech. The internet has changed since its creation and so has its purpose. 7 Id. 8 Vinton Cerf, Vint Cerf speaks out on net neutrality, Google Official Blog (November 8, 2005) <http://googleblog.blogspot.com/2005/11/vint-cerf-speaks-out-on-net-neutrality.html> 9 Vinton Cerf, Prepared Statement of Vinton Cerf, Vice President and Chief Internet Evangelist, Google Inc., U.S. Senate Committee on Commerce, Science, and Transportation Hearing (February 7, 2006) Fatal Monopolization of the Internet In a Washington Post opinion article, Lawrence Lessig, a professor of law at Harvard Law School, and Robert McChesney argue that the monopolization of the internet would bog down independent news organizations, and innovative and novel web content.10 Monopolization of the internet theory would allow for Internet Service Providers (“ISPs”) to stand as gatekeepers on digital information, the ISP would be able to determine what their customer can and cannot access. Lessig argues that monopolization of the internet will lead to ISP demanding a toll to guarantee quality delivery of a website’s content.11 The majority of content on the internet is provided by “regular people,” not corporations. Under this theory, ISPs would be able to charge people a toll to view content generated by regular people. In summary, the ISPs may be able to profit from another person’s work. Net neutrality would allow the free flow of user provided content and prevent ISPs from monopolizing the internet. 10 Lawrence Lessig and Robert W. McChesney, No tolls on The Internet, The Washington Post (Last Updated: June 8, 2006) 11 Id. .
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