Net Neutrality in the Context of Cyber Warfare
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
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. -
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 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. -
Zero-Rating Practices in Broadband Markets
Zero-rating practices in broadband markets Report by Competition EUROPEAN COMMISSION Directorate-General for Competition E-mail: [email protected] European Commission B-1049 Brussels [Cataloguenumber] Zero-rating practices in broadband markets Final report February 2017 Europe Direct is a service to help you find answers to your questions about the European Union. Freephone number (*): 00 800 6 7 8 9 10 11 (*) The information given is free, as are most calls (though some operators, phone boxes or hotels may charge you). LEGAL NOTICE The information and views set out in this report are those of the author(s) and do not necessarily reflect the official opinion of the Commission. The Commission does not guarantee the accuracy of the data included in this study. Neither the Commission nor any person acting on the Commission’s behalf may be held responsible for the use which may be made of the information contained therein. Les informations et opinions exprimées dans ce rapport sont ceux de(s) l'auteur(s) et ne reflètent pas nécessairement l'opinion officielle de la Commission. La Commission ne garantit pas l’exactitude des informations comprises dans ce rapport. La Commission, ainsi que toute personne agissant pour le compte de celle-ci, ne saurait en aucun cas être tenue responsable de l’utilisation des informations contenues dans ce rapport. More information on the European Union is available on the Internet (http://www.europa.eu). Luxembourg: Publications Office of the European Union, 2017 Catalogue number: KD-02-17-687-EN-N ISBN 978-92-79-69466-0 doi: 10.2763/002126 © European Union, 2017 Reproduction is authorised provided the source is acknowledged. -
Net Neutrality: Selected Legal Issues Raised by the FCC’S 2015 Open Internet Order
Net Neutrality: Selected Legal Issues Raised by the FCC’s 2015 Open Internet Order Kathleen Ann Ruane Legislative Attorney June 12, 2015 Congressional Research Service 7-5700 www.crs.gov R43971 Net Neutrality: Selected Legal Issues Raised by the FCC’s 2015 Open Internet Order Summary In February 2015, the Federal Communications Commission (FCC) adopted an order that will impose rules governing the management of Internet traffic as it passes over broadband Internet access services (BIAS), whether those services are fixed or wireless. The rules are commonly known as “net neutrality” rules. The order was released in March 2015 and published in the federal register on April 13, 2015. The order took effect on June 12, 2015. According to the order, the rules ban the blocking of legal content, forbid paid prioritization of affiliated or proprietary content, and prohibit the throttling of legal content by broadband Internet access service providers (BIAS providers). The rules are subject to reasonable network management, as that term is defined by the FCC. This is not the first time the FCC has attempted to impose some version of net neutrality rules. Most recently, the FCC issued the Open Internet Order in 2010, which would have created similar rules for the provision of broadband Internet access services. However, the bulk of those rules, with the sole exception of a disclosure rule, were struck down by the D.C. Circuit Court of Appeals. Interestingly, the court found that the FCC did have broad enough authority under Section 706 of the Telecommunications Act of 1996 to impose the rules. -
The Fcc Restoring Internet Freedom Order and Zero Rating Or: How We Learned to Stop Worrying and Love the Market
THE FCC RESTORING INTERNET FREEDOM ORDER AND ZERO RATING OR: HOW WE LEARNED TO STOP WORRYING AND LOVE THE MARKET Daniel A. Schuleman TABLE OF CONTENTS I. Introduction ......................................................................................... 149 II. Background ......................................................................................... 151 A. What is Net Neutrality? ............................................................... 151 B. Net Neutrality Around the World ................................................ 152 C. Net Neutrality in the United States .............................................. 153 D. Net Neutrality Under the Trump Administration and the Repeal of the 2015 Open Internet Order...................................... 156 E. Zero Rating .................................................................................. 159 1. Arguments for Zero Rating Plans .......................................... 159 2. Arguments Against Zero Rating Plans .................................. 160 III. Analysis ............................................................................................... 163 A. T-Mobile Case Study Demonstrates Non-Neutral Internet Practices ....................................................................................... 163 B. Internet as a Utility in the Abstract .............................................. 164 IV. Recommendation ................................................................................ 165 V. Conclusion ......................................................................................... -
The Relationship Between Net Neutrality and Local News
Slowing Down the Presses: The Relationship Between Net Neutrality and Local News Adam Hersh | December 2017 TABLE OF CONTENTS Introduction 1 I. The Modern World of Local News 3 A. Legacy Local News Providers Are in Trouble 5 B. Online Local News Is Still in Its Infancy 9 II. Eliminating Strong Net Neutrality Rules Would Make It Harder to Rejuvenate Local News 10 A. Access Fees 12 B. Blocking 16 C. Discrimination 19 D. Paid Prioritization 23 E. Zero Rating 28 Conclusion 34 Introduction In 2011, the FCC released The Information Needs of Communities, a lengthy report on the state of American local news in the world of the internet.1 The report detailed a legacy media landscape struggling to adapt to the challenges of the internet, and a surprising dearth of online news sources coming in to fill the gap. The report also presented a series of policy recommendations designed to spur a more robust digital news ecosystem. Among them was a brief reference to the “open Internet debate” going on at the time: The open Internet debate has several implications for news. First, if the Internet were to evolve toward a tiered system in which preferred customers get better service, it could end up privileging certain types of content over others without regard to consumer demand. Public and nonprofit media would be particularly vulnerable, as it is likely that such a structure would reward established, well- heeled companies over less-well-capitalized start-ups, possibly commercial over nonprofits. It also is plausible that a broadband Internet provider with strong political views might wish to minimize the dissemination of antithetical viewpoints. -
The FCC's Authority to Preempt State Laws Under the Communications
Stepping In: The FCC’s Authority to Preempt State Laws Under the Communications Act Updated September 20, 2021 Congressional Research Service https://crsreports.congress.gov R46736 SUMMARY R46736 Stepping In: The FCC’s Authority to Preempt September 20, 2021 State Laws Under the Communications Act Chris D. Linebaugh The line between federal and state authority plays a central role in modern communications law. Legislative Attorney Rather than fully displacing state law, the Communications Act of 1934 (Communications Act or Act) sets up a dual system of federal and state regulation. At the federal level, the Eric N. Holmes Communications Act gives the Federal Communications Commission (FCC or Commission) Legislative Attorney broad authority to regulate wired and wireless telephony, radio transmissions, cable services, and matters that are ancillary to these areas. At the same time, however, the Act expressly preserves some state regulatory authority over these technologies. Consequently, the boundary between the FCC’s authority and the states’ has been a source of dispute. The FCC has the upper hand in such conflicts. The Communications Act gives the FCC broad regulatory authority and, along with it, the ability to preempt state laws that conflict with or frustrate its regulatory actions. When the FCC is acting within its proper statutory authority, the U.S. Constitution’s Supremacy Clause ensures that its actions prevail. Nevertheless, the FCC’s statutory preemption authority is not boundless. The extent to which the FCC may displace state and local laws is limited by the scope of its regulatory jurisdiction, express statutory provisions preserving or defining the scope of state laws, and interpretive presumptions that courts have applied to preserve the usual constitutional balance between the federal and state governments. -
Study on Net-Neutrality Regulation
BoR (17) 159 Final public report for BEREC Study on net-neutrality regulation 18 September 2017 James Allen, Andrew Daly, J. Scott Marcus, David de Antonio Monte, Robert Woolfson Ref: 2009152-254 . Study on net-neutrality regulation Contents 1 Executive summary 1 1.1 Background and purpose of the work 1 1.2 Overview of approach to tackling net neutrality in each country 1 1.3 Case studies of monitoring tools and techniques 3 1.4 Lessons learnt and concluding remarks 4 2 Introduction 6 2.1 Aim of the study 6 2.2 Summary of net neutrality 6 2.3 Approach to conducting the study 7 2.4 Structure of this document 7 3 Approach to tackling net neutrality in benchmark countries 8 3.1 The evolution of net-neutrality rules over time 8 3.2 Non-net-neutral practices 11 3.3 Transparency obligations on ISPs in relation to practices which may affect net neutrality 19 3.4 Monitoring and supervision by NRAs 22 3.5 Legal mechanisms for enforcement of net neutrality by NRAs 24 3.6 Reporting by NRAs 25 4 Case studies 26 4.1 Chile: Adkintun 26 4.2 Chile: Sistema de Transferencia de Información (STI) 27 4.3 USA: Netalyzr 28 4.4 USA: Measuring Broadband America programme 28 5 Lessons learnt and concluding remarks 33 Annex A Tools and techniques available to detect and characterise non-net-neutral practices Ref: 2009152-254 . Study on net-neutrality regulation Copyright © 2017. Analysys Mason Limited has produced the information contained herein for BEREC. The ownership, use and disclosure of this information are subject to the Commercial Terms contained in the contract between Analysys Mason Limited and BEREC. -
State Responses to Net Neutrality
State Responses to Net Neutrality Kathryn J. Kline National Regulatory Research Institute [19–03] Acknowledgments The author wishes to thank Commissioner emeritus Travis Kavulla Elin Katz, Connecticut Consumer Counsel and President of NASUCA Jon Banks, formerly of US Telecomm Timothy Karr of Free Press Cynthia G. Wilson-Frias, Deputy Chief of Legal Services for the Rhode Island Public Utilities Commission Adam Bender, Communications Daily Dr. Victor Glass, Rutgers University Kenneth Mallory, Esq., Legislative Affairs Counsel at NARUC Marianne Townsend and Jason Well, Public Utilities Commission of Ohio Dr. Carl Pechman, National Regulatory Research Institute and my indefatigable colleague, Dr. Sherry Lichtenberg, for her guidance and feedback throughout the writing process. State Responses to Net Neutrality | 1 Table of Contents I. Executive Summary ..........................................................3 II. Purpose of this Document .....................................................5 III. Context ....................................................................6 A. Legislative and Regulatory Context ...........................................6 B. NARUC on Net Neutrality, a State Regulatory Perspective .........................9 IV. The State Response .........................................................11 A. Executive Orders on Net Neutrality ..........................................11 B. Legislative Resolutions ....................................................12 C. Legislative Bills ..........................................................13