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OpEdNews Op Eds    H3'ed 12/18/10  

Net Neutrality Threatened (Part II)

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(4) Specialized Services Cannot Undermine the Open Internet: Last summer's announced Verizon-Google agreement "met with fierce public backlash in part because the deal would have allowed ISPs to split the public, open Internet into two 'pipes' (by) creat(ing) a carve-out from Net Neutrality rules for so-called 'managed' or 'specialized' services." If they're offered, they should be separate from Internet ones.

(5) FCC Broadband Policy Must Be Based on Sound Legal Footing: Genachowski's proposal violates the US Court of Appeals for the DC Circuit's "rejection of the FCC's use of Title I ancillary authority in Comcast v. FCC." He wants new authority around the ruling, instead of protecting consumers and Net Neutrality as a fundamental right in new policy.

Each of the above items demands fixing. Failure to do so "will jeopardize the Internet's historic openness and (will) undermine Obama's promise to deliver meaningful, real Network Neutrality protections." However, his failure to publicly endorse this shows another promise made may be broken, the latest in a long disturbing list affecting everything vital to working Americans.

Nineteen supportive digital democracy organizations joined with Free Press in opposing Genachowski's proposal. It bears repeating. Otherwise, Net Neutrality will be irreparably compromised.

A Final Comment

On December 8, the Electronic Frontier Foundation's (EFF) Corynne McSherry cited the following Net Neutrality and Genachowski proposal concerns:

-- fear that open-ended FCC Internet regulatory authority may "create barriers to entry for the next generation of....innovators," especially for wireless now getting much attention;

-- whatever's suggested in principle, the devil lies in the details, "especially exceptions and loopholes for non-neutral behavior that may be" broad enough to subvert a larger proposal; and

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