Add this Page to Facebook!   Submit to Twitter   Submit to Reddit   Submit to Stumble Upon   Pin It!   Fark It!   Tell A Friend  
Printer Friendly Page Save As Favorite Save As Favorite View Article Stats
No comments

OpEdNews Op Eds

The Struggle for Net Neutrality

By (about the author)     Permalink       (Page 5 of 12 pages)
Related Topic(s): ; ; ; ; , Add Tags Add to My Group(s)

View Ratings | Rate It

Headlined to H3 11/16/09
Become a Fan
  (191 fans)

opednews.com

-- Barbara van Schewick, Stanford Law School; and

-- Tim Wu, Columbia Law School.

They've all "spent many years devoted to research on the architecture of the Internet and its related policies (and) published widely on" Net Neutrality.

On November 2, they emailed Chairman Genachowski to "flag what (they) believe are two (serious) ambiguities in the Notice that (they) hope can be addressed early to provide a clearer foundation for comments:"

"Non-Discrimination"

For nearly a century, this has been a central concept in telecommunications law and policy. Nothing should be done to subvert it, so a clear definition is essential. So far, it's "surprisingly narrow."

"Reasonable Network Management"

It's a significant ambiguity because what's not reasonable is "key to the entire rule."

The professors "seek to understand whether, by (NPRM's) language, the Commission seeks comments on what the standard should be, or whether (it) proposes not to have one."

They ask why "the FCC would not want to provide some guidance on the applicable standard for reasonable network management, lest....the exception swallow the rule," and want clarification now to prevent it. Otherwise, these ambiguities will "provide generous opportunities to try to work around the Commission's efforts in this area." In other words, subvert Net Neutrality, not affirm it.

To be effective, FCC rules and congressional legislation must be unambiguous and strong with clear standards in the public interest, especially regarding content.

Free Press Policy Brief on the FCC's Proposed Net Neutrality Rule

Free Press calls the NPRM "a very important step in the right direction," but some elements need clarification to "preclude ISP's from preventing their customers from sending and receiving lawful content, running lawful applications, or connecting lawful devices to the network." Also to assure them free choice among network, applications, service, and content providers.

If properly crafted, new rules will establish a legal framework to require nondiscriminatory treatment of all Internet traffic under reasonable, fair network management standards. Yet significant ambiguities may subvert final ones because of loopholes that must be avoided.

So far, it appears that the FCC "is very committed to protecting the open Internet with rules that have meaning and teeth....This is clearly a very good start (that) lays a good foundation for a final rule that will serve as an unassailable, yet appropriately flexible, firewall to protect and preserve the open Internet." With precise clarification, established standards "once enacted will withstand scrutiny in the courts" and be a victory for digital democracy. But not easily against powerful interests determined to subvert it, so therein lies the struggle ahead.

Disturbing Implications of The Anti-Counterfeiting Trade Agreement (ACTA) for Net Neutrality, Consumer Privacy, and Civil Liberties

Next Page  1  |  2  |  3  |  4  |  5  |  6  |  7  |  8  |  9  |  10  |  11  |  12

 

I was born in 1934, am a retired, progressive small businessman concerned about all the major national and world issues, committed to speak out and write about them.
Add this Page to Facebook!   Submit to Twitter   Submit to Reddit   Submit to Stumble Upon   Pin It!   Fark It!   Tell A Friend
The views expressed in this article are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.

Writers Guidelines

Contact Author Contact Editor View Authors' Articles
Related Topic(s): ; ; ; ; , Add Tags

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

The McCain-Lieberman Police State Act

Daniel Estulin's "True Story of the Bilderberg Group" and What They May Be Planning Now

Continuity of Government: Coup d'Etat Authority in America

America Facing Depression and Bankruptcy

Lies, Damn Lies and the Murdoch Empire

Mandatory Swine Flu Vaccine Alert

Comments

The time limit for entering new comments on this article has expired.

This limit can be removed. Our paid membership program is designed to give you many benefits, such as removing this time limit. To learn more, please click here.

Comments: Expand   Shrink   Hide  
No comments