[p2p-research] Fwd: [fcf_discussion] Re: US net neutrality law: What is wrong with it?

[Michel Bauwens]

---------- Forwarded message ----------
From: David Bollier <david at bollier.org>
Date: Mon, Dec 27, 2010 at 10:43 PM
Subject: [fcf_discussion] Re: US net neutrality law: What is wrong with it?
To: fcforum_discussion at list.fcforum.net
Cc: Simona Levi <info at conservas.tk>



The basic problem with the recent net neutrality rules issued by the U.S.
Federal Communication Commission is that they allow wireless broadband
access to become a proprietary infrastructure, with no user protections
against ISP blocking of content or ISP discrimination in the transmission of
data.  In addition, there is little legal clarity in the rules, so many of
these battles are simply "kicked down the road," rather than dealt with now,
with clear policy rules.

Here is an excerpt from a blog post by Harold Feld, the legal director of
Public Knowledge -- a Washington public-interest citizens lobby for
copyright and Internet policy issues.  (You can read his full post here:
http://www.publicknowledge.org/blog/fcc-network-neutrality-order-possible-adequac
.)

"On every single important and controversial question on what an “open
Internet” actually *means*, — such as whether companies can create “fast
lanes” for “prioritized” content or what exactly wireless providers can and
cannot do — the actual language of the rules is silent, ambiguous, or even
at odds with the text of the implementing Order. The only way to find out
what protections consumers actually have will be through a series of
adjudications at the FCC.

"So yes, it’s a step forward – but hardly more than an incremental step
beyond the Internet Policy Statement adopted by the previous Republican FCC.
After such an enormous build up and tumultuous process, it is unsurprising
that supporters of an open Internet are bitterly disappointed — particularly
given the uncertainty over how the rules will be enforced. Certainly the
transparency provisions and adoption of the “rocket docket” procedures to
process complaint are positive things. But FCC Chairman Julius Genachowski’s
claim that the Order will bring
certainty<http://thehill.com/blogs/hillicon-valley/technology/134597-genachowski-on-net-neutrality-i-reject-both-extremes>deserves
a healthy dose of skepticism. Instead of using this long and
painful process to define what carriers can and can’t do, and what rights
consumers can expect, the FCC has created the opportunity to undergo a long
and painful process of enforcement to define the rules. It could be that
with strong enforcement these rules will protect the open Internet. Or not,
depending on the outcome of some future adjudication and the whim of a
future FCC.  Such vast unknowns hardly amount to “regulatory certainty,”
beyond the certainty that there is a process and that it will require a
great deal of time and expense to litigate."
The other reliable US source on net neutrality that you can consult is Free
Press, a citizen media reform organization.  Free Press issued a statement
about the net neutrality decision here:
http://www.freepress.net/press-release/2010/12/21/free-press-fcc-net-neutrality-order-%E2%80%98squandered-opportunity%E2%80%99

And here's a chart showing the differences in treatment for fixed-wire
broadband and mobile broadband:
http://lippmannwouldroll.com/2010/12/23/fcc-releases-rule-and-order-for-net-neutrality-rules/

Finally, here is my own blog post interpreting the FCC's net neutrality
rules:
http://www.bollier.org/corporate-enclosure-internet-may-now-proceed

David Bollier





On 12/26/10 4:09 PM, Simona Levi wrote:

Hi, please, could someone explain to us in a simple way what is wrong in the
law that US governement approved on net neutrality?
We were busy in rejecting "LEy SInde" and couldn't follow...


-- 
David Bollierdavid at bollier.orgwww.viralspiral.cc
Now blogging at www.Bollier.org

511 Old Farm Road
Amherst, MA  01002  USA
413-259-2009



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