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February 13, 2008
The “Internet Freedom Preservation Act of 2008”
To the best of my knowledge, it’s been a while since anyone in Congress has introduced a forward-looking Internet Bill. Not since the heyday of the Net Neutrality debates a couple years ago have we seen much original and new pro-Internet legislation. Or maybe it’s just that I’ve been stuck in the Ivory Tower this year and outside the DC corridors of power. Whatever the reality, we wait no longer for a positive, pro-Internet Bill.
The leading and long-time champions of the Internet and of competition from both sides of the aisle in the US House of Representatives have introduced the “Internet Freedom Preservation Act 2008” (HR 5353) today. The bill, introduced by Reps. Ed Markey and Chip Pickering, would codify Internet freedoms and would compel the FCC to engage in a national dialogue on the future of the Internet.
I’d like to think that it is no coincidence that the introduction of the first Internet Freedom Bill in recent memory comes on the heels of my return to the blogosphere, but I harbor no such delusions. It is refreshing, however, to be reentering the public debate the same week that the “Internet Freedom Preservation Act of 2008” is released.
If passed, the following would become the policy of the United States:
“(1) to maintain the freedom to use for lawful purposes broadband telecommunications networks, including the Internet, without unreasonable interference from or discrimination by network operators, as has been the policy and history of the Internet and the basis of user expectations since its inception;
(2) to ensure that the Internet remains a vital force in the United States economy, thereby enabling the Nation to preserve its global leadership in online commerce and technological innovation;
(3) to preserve and promote the open and interconnected nature of broadband networks that enable consumers to reach, and service providers to offer, lawful content, applications, and services of their choosing, using their selection of devices, as long as such devices do not harm the network; and
(4) to safeguard the open marketplace of ideas on the Internet by adopting and enforcing baseline protections to guard against unreasonable discriminatory favoritism for, or degradation of, content by network operators based upon its source, ownership, or destination on the Internet.”
Not bad formulation and formalizing of a positive US policy.
The Bill would instruct the FCC to commence a proceeding on broadband services and consumer rights and assess whether broadband network providers adhere to Internet Freedom policies – essentially that Internet access providers must refrain from blocking, thwarting, or unreasonably interfering with the ability of consumers to
(i) access, use, send, receive, or offer lawful content, applications, or services over broadband networks, including the Internet;
(ii) use lawful applications and services of their choice; and
(iii) attach or connect their choice of legal devices to use in conjunction with their broadband telecommunications or information services, provided such devices do not harm the network.
The Bill would also require the FCC to do the following:
- assess whether broadband network providers add charges to certain Internet applications and service providers, and whether such pricing conflicts with the policies of the United States;
- assess whether broadband network providers offer to consumers parental control protection tools, services to combat unsolicited commercial electronic mail, and other similar consumer services, the manner in which such services are offered, and the extent to which such services are consistent with such policies of the United States;
- assess whether practices by which network providers manage or prioritize network traffic, including prioritization for emergency communications, and whether and in what instances such practices may be consistent with such policies of the United States;
- assess, with respect to content, applications, and services,
(i) the historic economic benefits of an open platform;
(ii) the relationship between competition in the broadband Internet access market and an open platform; and
(iii) the policy choices and results of global competitors with respect to access competition and an open platform;
-assess whether the need for enforceable rules governing openness, consumer rights, and consumer protections or prohibiting unreasonable discrimination is lessened if a broadband network provider provides significantly high bandwidth speeds to consumers; and
- assess the potential of policies promoting openness in spectrum allocation, universal service programs, and video franchising to expand innovation through protection from unreasonable interference by network owners of an open marketplace for speech and commerce in content, applications, and services.”
The Bill would also require the FCC to hold “Public Broadband Summits” around the country and to report the findings back to Congress. As part of the proceeding, the FCC would be directed to use broadband technology to encourage input from and communication with citizens through the Internet in a manner that would maximize the ability of such people to participate in such proceeding.
Pretty forward-looking.
Now it's our turn to act. As the Internet communications community, it’s our job to work the Bill, to blog its merits (and possible drawbacks), to move Congress to act, and then to hold government to its word to engage the community and to promote Internet freedom.
Tags: Jonathan Askin, Internet Communications, Congress, Ed Markey, Chip Pickering, Internet Freedom Preservation Act of 2008
Posted by jonathan.askin at February 13, 2008 06:22 PM