The Most Important Free Speech Issue of Our Time

Al Franken U.S. Senator, Minnesota December 20, 2010

http://www.huffingtonpost.com/al-franken/the-most-important-free-s_b_798984.html

This Tuesday is an important day in the fight to save
the Internet.

As a source of innovation, an engine of our economy,
and a forum for our political discourse, the Internet
can only work if it's a truly level playing field.
Small businesses should have the same ability to reach
customers as powerful corporations. A blogger should
have the same ability to find an audience as a media
conglomerate.

This principle is called "net neutrality" -- and it's
under attack. Internet service giants like Comcast and
Verizon want to offer premium and privileged access to
the Internet for corporations who can afford to pay for
it.

The good news is that the Federal Communications
Commission has the power to issue regulations that
protect net neutrality. The bad news is that draft
regulations written by FCC Chairman Julius Genachowski
don't do that at all. They're worse than nothing.

That's why Tuesday is such an important day. The FCC
will be meeting to discuss those regulations, and we
must make sure that its members understand that
allowing corporations to control the Internet is simply
unacceptable.

Although Chairman Genachowski's draft Order has not
been made public, early reports make clear that it
falls far short of protecting net neutrality.

For many Americans -- particularly those who live in
rural areas -- the future of the Internet lies in
mobile services. But the draft Order would effectively
permit Internet providers to block lawful content,
applications, and devices on mobile Internet
connections.

Mobile networks like AT&T and Verizon Wireless would be
able to shut off your access to content or applications
for any reason. For instance, Verizon could prevent you
from accessing Google Maps on your phone, forcing you
to use their own mapping program, Verizon Navigator,
even if it costs money to use and isn't nearly as good.
Or a mobile provider with a political agenda could
prevent you from downloading an app that connects you
with the Obama campaign (or, for that matter, a Tea
Party group in your area).

It gets worse. The FCC has never before explicitly
allowed discrimination on the Internet -- but the draft
Order takes a step backwards, merely stating that so-
called "paid prioritization" (the creation of a "fast
lane" for big corporations who can afford to pay for
it) is cause for concern.

It sure is -- but that's exactly why the FCC should ban
it. Instead, the draft Order would have the effect of
actually relaxing restrictions on this kind of
discrimination.

What's more, even the protections that are established
in the draft Order would be weak because it defines
"broadband Internet access service" too narrowly,
making it easy for powerful corporations to get around
the rules.

Here's what's most troubling of all. Chairman
Genachowski and President Obama -- who nominated him --
have argued convincingly that they support net
neutrality.

But grassroots supporters of net neutrality are
beginning to wonder if we've been had. Instead of
proposing regulations that would truly protect net
neutrality, reports indicate that Chairman Genachowski
has been calling the CEOs of major Internet
corporations seeking their public endorsement of this
draft proposal, which would destroy it.

No chairman should be soliciting sign-off from the
corporations that his agency is supposed to regulate --
and no true advocate of a free and open Internet should
be seeking the permission of large media conglomerates
before issuing new rules.

After all, just look at Comcast -- this Internet
monolith has reportedly imposed a new, recurring fee on
Level 3 Communications, the company slated to be the
primary online delivery provider for Netflix. That's
the same Netflix that represents Comcast's biggest
competition in video services.

Imagine if Comcast customers couldn't watch Netflix,
but were limited only to Comcast's Video On Demand
service. Imagine if a cable news network could get its
website to load faster on your computer than your
favorite local political blog. Imagine if big
corporations with their own agenda could decide who
wins or loses online. The Internet as we know it would
cease to exist.

That's why net neutrality is the most important free
speech issue of our time. And that's why, this Tuesday,
when the FCC meets to discuss this badly flawed
proposal, I'll be watching. If they approve it as is,
I'll be outraged. And you should be, too.

___________________________________________

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