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Lately you may have heard or read about something called “net neutrality,” but don’t quite understand how it could impact you as a Web content creator or fan of Web series and online videos. This post will get you up to speed quickly so you can speak with confidence about the issue at your next cocktail party and wow your friends!

Having worked in Congress, on political campaigns and as a lobbyist for the Arts, I am the first to admit that I am a policy geek as much as I am a tech geek. My aim is to keep this and future net neutraility posts informative and fun, without understating the importance of this issue and the need for all of us to take action. If you want to stay up to speed, sign up to receive DIALOGIK’s e-newsletter or drop by periodically.

A Future Without Net Neutrality

A Future Without Net Neutrality

So What’s This Net Neutrality Thing?
In a nut shell, net neutrality is about preserving your ability to freely distribute and/or watch your favorite shows online. As the Internet (created by the US government) has been built out over the years for commercial use by telecommunications and cable companies, more content can be pushed through the Internet’s “pipes” at faster speeds, which improves our experience surfing online and watching Web series and movies, among other things.

Everything sounds fine, right? Well now it gets a bit complicated. As these private companies (referred to as “network operators,” but known to us as AT&T, Comcast, etc.) expand their networks to connect to the Internet, there have been documented cases of some of them “controlling” content. This means that they have intentionally blocked delivery, degraded delivery speed quality, or edited the content in some way before the content reached you, the viewer. And guess what? You didn’t even realize it. Sounds very George Orwell, 1984, right?

The Politics
Supporters of net neutrality believe that an “Open Internet” must be preserved, without the AT&T’s interfering with content delivery. It’s about keeping it the way it is and preventing future content control by these companies. In order to preserve, federal regulations or legislation by Congress need to be put in place. For supporters, it’s about preservation.

Opponents of net neutrality believe that regulation would stifle technology innovation and assert that if reviewing content is critical to fight piracy of copyrighted material. For opponents, it’s about unnecessary regulation.

In the News
Late last week you may have caught some headlines and TV news stories about net neutrality. This is what happened:

* The FCC issued Proposed Rules to preserve an Open Internet that have the interest of content creators and consumers in mind.

* Senator John McCain introduced a Bill immediately after the FCC meeting that seeks to prevent the FCC from moving forward with creating net neutrality rules.

Digging Deeper…

On Thursday, October 23, the FCC issued Proposed Rules that would formally codify how the FCC oversees aspects of the Internet. Until this point, many of these have been serving as informal “guiding Principles.” Codifying these Principles as FCC Regulations would bind companies utilizing the Internet to adhere to them or face fines and/or law suits, based on explicit FCC Rules. The deadline for public comment submissions is January 14, 2010 and the Final Rules are anticipated by Spring/Summer 2010.

So What Happened At The FCC?

Good stuff! There were no major surprises regarding the 6 Proposed Rules the FCC introduced to preserve net neutrality. These were previously articulated by the FCC Chairman at a Brookings Institution speech in September. They include the following areas: (Click on this link to view meeting video and download documents – http://openinternet.gov/openmeeting.)

• Access to Content
• Access to Applications/Services
• Connect Devices to the Network
• Access to Competition
• Nondiscrimination
• Transparency

As expected, the FCC’s Democratic Commissioners made statements in favor of the Proposed Rules and codifying them, and the Republican Commissioners voiced their concern about “regulations stifling innovation,” which is a standard mantra made by opponents against regulating anything. Despite these concerns, they voted in favor of releasing the Proposed Rules for public comment.

Media Coverage:

FCC crafting net neutrality rules (Hollywood Reporter)

F.C.C. Begins Drafting Rules on Network Neutrality (NY Times)

What Happens in an FCC Rulemaking Proceeding? (PC World)

Pro-Net Neutrality Senators Rally Around Genachowski’s Proposal (Broadcasting & Cable)

CONGRESS: LEGISLATIVE ACTIVITY HEATS UP!

capitolSenator McCain Introduces Bill to Block FCC Net Neutrality Rulemaking

By the time the FCC meeting concluded, Senator John McCain announced that he had introduced a bill that would prevent the FCC from creating net neutrality rules – period. The ridiculously titled bill, “The Internet Freedom Act of 20009,” will serve as the rallying cry for the telecom and cable industries. No doubt efforts are underway in the House to get a companion bill introduced. It is unclear if the Democrats would let these bills get to the floor anytime soon for a vote, though hearings are always a possibility.

Pro-Net Neutrality Bill Introduced – (H.R.3458) Internet Freedom Preservation Act of 2009

This Summer, already knowing that net neutrality would be taken up by the FCC, friends of net neutrality crafted a bill with some members of Congress that reflect the 6 principles that the FCC is seeking to codify. (Think of it is covering all bases – regulation as well as passing a law.) There was also expectation that net neutrality foes would find members of Congress to introduce a bill that would limit or stop the FCC from regulating this issue. (The McCain bill is the first example of this.) Congressional hearings have not been held on HR 3458 yet and there is no companion bill in the Senate as of this moment.

Bill Language: http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.3458
Open Congress: http://www.opencongress.org/bill/111-h3458/show

Media Coverage:

Markey: FCC Net Neutrality Proposal Needs Legislative Teeth

McCain introduces bill to block FCC’s net neutrality rules (Reuters)

McCain Gets Mavericky on Net Neutrality (Wall Street Journal)

RESOURCES

http://www.openentertainment.org
http://www.savetheinternet.com/
http://www.publicknowledge.org/
http://www.benton.org/
http://www.mediaaccess.org/
www.openinternet.gov

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