net neutrality primer
Net Neutrality
Pending Federal Laws and Regulation
Nov. 6, 2009
What is the issue of "Net Neutrality?" Briefly stated, supporters of Net Neutrality claim regulations are needed to prevent Internet Service Providers (ISPs) from discriminating against any service or content available on the Internet by controlling access to Internet sites or signal speed. For example, with suggested regulation an ISP could not block or degrade the signal of a competitor or grant preferential access or speed to their own content or that of a partner.
Opponents claim no government regulation is needed and would serve only to stifle innovation and network growth. In addition, this position advocates that ISPs should be allowed to charge fees to Internet sites that make money using networks the ISPs have built.
The Net Neutrality debate about if and how the federal government might regulate the Internet has recently progressed to a point where new rules are being considered by the Federal Communications Commission (FCC). In addition, two bills representing opposing viewpoints have been introduced in Congress.
FCC Rulemaking
The FCC recently opened and administrative process to gather public comment on a set of proposed rules to govern how Internet Service Providers are allowed to manage their networks. The proposed rules reflect six basic principles as outlined in an FCC press release:
Under the draft proposed rules, subject to reasonable network management, an ISP:
- would not be allowed to prevent any of its users from sending or receiving the lawful content of the user’s choice over the Internet;
- would not be allowed to prevent any of its users from running the lawful applications or using the lawful services of the user’s choice;
- would not be allowed to prevent any of its users from connecting to and using on its network the user’s choice of lawful devices that do not harm the network;
- would not be allowed to deprive any of its users of the user’s entitlement to competition among network providers, application providers, service providers, and content providers;
- would be required to treat lawful content, applications, and services in a nondiscriminatory manner; and
- would be required to disclose such information concerning network management and other practices as is reasonably required for users and content, application, and service providers to enjoy the protections specified in this rulemaking.
The public may make comments on the Rule Making by accessing the FCC’s online comment page. The Rulemaking is number 07-52.
Federal Legislation
Two bills have been introduced in Congress. H.R. 3458 is a bill that favors Net Neutrality regulation and seeks to codify Net Neutrality principles into law. A press release from the main sponsor, Rep. Markey, explaining H.R. 3458 is available here.
Also to be considered is the "Internet Freedom Act of 2009," a bill recently introduced by Senator John McCain. This bill would prevent the FCC from enacting rules that would regulate the Internet. A press release from McCain’s office related to this bill is available here.
Additional Articles
The position of the National Cable Television Association can be found here.
This article from the Washington Post takes a closer look at some details of the FCC Rulemaking.
This article takes a look at the McCain's "Internet Freedom Act of 2009".
