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The Real Government Takeover of the Internet

If you aren't familiar with SOPA - the "Stop Online Piracy Act" or its companion in the Senate (called PIPA or Protect IP), you should be. This is legislation that would allow the US government to require Internet Service Providers block web sites without due process. Sascha Meinrath and James Losey from the New America Foundation explain the threat in Slate:

The interconnected nature of the Internet fostered the growth of online communities such as Tumblr, Twitter, and Facebook. These sites host our humdrum daily interactions and serve as a public soapbox for our political voice. Both the PROTECT IP Act and SOPA would create a national firewall by censoring the domain names of websites accused of hosting infringing copyrighted materials. This legislation would enable law enforcement to take down the entire tumblr.com domain due to something posted on a single blog. Yes, an entire, largely innocent online community could be punished for the actions of a tiny minority.

If you think this scenario is unlikely, consider what happened to Mooo.com earlier this year. Back in February, the Department of Justice and Department of Homeland Security seized 10 domains during a child-porn crackdown called “Operation Protect Our Children.” Along with this group of offenders, 84,000 more entirely innocent sites were tagged with the following accusatory splash page: “Advertisement, distribution, transportation, receipt, and possession of child pornography constitute federal crimes that carry penalties for first time offenders of up to 30 years in federal prison, a $250,000 fine, forfeiture and restitution." Their only crime was guilt by association: They were all using the Mooo.com domain.

From our point of view, what is most interesting is not who is pushing this bill (Hollywood and the usual suspects that tried to kill the VCR because it would obviously destroy the movie industry) but who is not resisting. After all, whenever the issue of network neutrality comes up, the big telecom companies pay a bunch of organizations like Americans for Prosperity to create astroturf movements to oppose a "government takeover of the Internet." Of course, network neutrality is the opposite - a set of rules where the government requires corporations not dictate how subscribers use the Internet.

But here we have a literal government takeover of the Internet. Should SOPA pass, the federal government would decide what sites are allowed to be accessed by Americans and which cannot. The evidence thus far suggests that more sites will be harmed by incompetence as opposed to intentional political censorship but the entire approach is troubling, to say the least.

To get a sense of which elected officials are supporting this legislation, here are the cosponsors for HR 3261 in the House and cosposors for S 968 in the Senate. More details on how you can be involved at Demand Progress.

Many of the organizations who have strongly fought for an open Internet with strong network neutrality rules are pouring resources into stopping SOPA. This includes Free Press's Save the Internet, Public Knowledge, and others. Some of the network neutrality opponents, like the Wall Street Journal and Cato Institute have also warned against SOPA but other groups -- like Americans for Prosperity have been fairly silent. The next time AT&T and Time Warner Cable-sponsored groups start fear-mongering around policies that threaten to bring competition against their corporate sponsors, we must ask them where they were when the future of the Internet was truly threatened.

The Future of Music organization has reviewed an alternative to SOPA that may be a much better approach.

Below is a video about SOPA.

Image credit: monkeyc on Flickr.

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Listen to the Rural Broadband Hearing in Kentucky

Listen to a great conversation about rural broadband needs from a hearing on October 12 in Kentucky. From the show description:

On October 12 a group gathered at Appalshop to talk about the importance of accessible, affordable high-speed Internet in Appalachian communities. Residents from across the region came to share their concerns and ideas with special guests Jonathan Adelstein, administrator of the Rural Utilities Service in the US Department of Agriculture, and Mark Defalco from the Appalachian Regional Commission. The first broadband hearing to be held in rural America, was co-sponsored by the Center for Rural Strategies, the Center for Media Justice, and Free Press, with the local support of Appalshop, the Partnership of African American Churches, and the Central Appalachia Regional Network. This WMMT Mountain Talk highlights excerpts from the presentations and public comments shared at the event.

Tethering, Verizon, and the Problem with Public Interest Requirements

When Verizon won an auction to use the 700MHz band of the spectrum to deliver mobile broadband, it promised to adhere to a set of openness rules that included allowing customers to use applications and devices of their choosing. But Verizon is now blocking "tethering" apps that allow us to use our cell phones as a modem for our computers.

Wendy Davis at MediaPost offered more context:

Whether it's legal for a wireless carrier to cripple tethering services is unclear. Verizon agreed to follow open Internet principles as a condition of acquiring the spectrum that it uses for 4G wireless phones. One interpretation of that condition is that the company shouldn't attempt to restrict tethering on its 4G network -- though apparently it's still free to do so on the 3G network.

But aside from neutrality issues, Verizon's move clearly seems hard to justify from a pricing standpoint. Given that the company is already going to charge new users based on the amount of data they consume, there's no reason for it to also impose a surcharge for tethering.

Free Press filed a complaint with the FCC to investigate:

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Free Press will file a complaint today with the Federal Communications Commission against Verizon for violating the rules that govern the licenses for its LTE network. Licensees of the C Block of the upper 700 MHz block, over which Verizon runs its LTE network, may not “deny, limit, or restrict” the ability of their customers to use the applications or devices of the customers’ choosing.

Recent reports reveal that Verizon has been doing just that by asking Google to disable tethering applications in the Android Market. Tethering applications, which allow users to make their phones into mobile hot-spots, implicate the customers' ability to use both the applications and devices of their choice. Free Press argues that by preventing customers from downloading tethering applications from the Android Market, Verizon is restricting not only the applications available to them, but also limits use of tethered devices such as laptop or tablet computers. [Read the Full Complaint here]

Free Press Policy Counsel Aparna Sridhar noted:

“In 2007, Verizon argued aggressively against the adoption of these basic openness protections. Having lost that policy battle but won the auction for the spectrum licenses, Verizon has adopted a new regulatory strategy: simply ignore the rules on the books. The Commission must move quickly to investigate and stop these harmful practices.”

This is the problem with imposing public interest requirements, and more generally, regulating companies that are providing essential infrastructure. Companies like Verizon are incredibly powerful and regularly ignore rules they do not like, understanding that they can delay any rule or punishment for years. They can often delay long enough for DC to change administrations or simply grow weary of trying to defend the public interest (often when the public has no idea what is happening).

If the US pursued a policy where the infrastructure elements were publicly owned and independent service providers competed on top of that infrastructure, we would have more tools to prevent abusive practices. For one, companies would have to adhere to the rules in order to use the infrastructure. For another, we would have more providers competing, allowing people to switch away from abusive carriers -- a luxury many do not have currently given our duopolistic telecom markets.

This matter of tethering is incredibly important for the future of mobile access to the Internet, as explained by Barbara van Schewick (always a worthwhile read):

The questions raised by the complaint are too important to be decided without public participation: The C Block of the 700 MHz band is currently the only spectrum that is subject to mobile network neutrality rules.[1] Knowing that there is at least some part of the mobile spectrum that is protected by basic network neutrality principles is important for users, innovators and investors. Whether the openness conditions indeed afford protection depends, however, on how they are interpreted and enforced. Thus, the proceeding has important implications for many businesses, innovators and users in the Internet ecosystem, so they should have a chance to have their voice heard, too. In addition, as I explain in the letter, the proceeding raises important issues regarding openness in mobile networks in general.

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The good news is that the FCC has told Verizon is must respond to Free Press' complaint. The bad news is that we have no idea how long it will take to resolve this and whether the FCC, which has maintained a cozy relationship with the big carriers through Republican and Democratic Administrations, will actually protect the public. The FCC has two stellar Commissioners that regularly defend the public interest and two commissioners that regularly stand with the carriers. And the current Chair … well, he caved to AT&T and Verizon rather than standing for principles he defended for years and Obama campaigned on.

Thanks to Free Press, Barbara van Schewick, and all the others who are defending the public good.

The Real Impact of the AT&T&T-Mobile Merger Isn't Funny

But that doesn't mean we can't use humor to illustrate the very serious impact of more consolidation in the mobile market!  Check out four short commercials prepared by Free Press and vote on your favorite.  Our favorites are below.

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The Short Story of AT&T's Attack on Schools, Libraries in Wisconsin

 

I wrote the following synopsis of AT&T's attack on schools and libraries in Wisconsin for SaveTheInternet.com.  We are still waiting for the Governor to sign the bill, something that may take another week or longer apparently.

WiscNet is an Internet services co-op that provides Internet access to the vast majority of schools and libraries in Wisconsin, as well as a number of local governments. Because it’s a co-op, it can deliver lower-cost broadband to public entities than they could negotiate on their own. The arrangement between WiscNet schools and governments saves Wisconsin taxpayers millions of dollars each year and offers services that private companies like AT&T won’t provide.

Despite WiscNet’s proven utility throughout the state, AT&T and its incumbent allies (a group called Access Wisconsin) attempted to murder WiscNet in the back alleys of Madison, Wisconsin’s capital. But following a dramatic outpouring of public support for the network, lawmakers compromised and merely placed it on death row.

AT&T dumps millions into Wisconsin politics for a reason — to enact its agenda. When it furtively inserted a few provisions into a budget bill in the 11th hour a few weeks ago, legislators went merrily along without asking any questions.

These provisions would have effectively shut WiscNet down, and they would have required the University of Wisconsin, a premier research institution globally, to withdraw from Internet2 and other research networks. They also would have forced the University of Wisconsin Extension to return federal broadband stimulus grants that had already been used to break ground on projects to improve connections in rural areas with inadequate connections. Returning those grants would have cost $27.7 million over 5 years to the involved communities and killed almost 500 jobs.

Why did AT&T do this? Access Wisconsin claimed stimulus-funded networks are "unfair" competition. Yet, it had applied for and received federal broadband stimulus grants the year before! Unfortunately for Access Wisconsin, that award had to be returned because it hadn't read the rules that would require making the funded infrastructure open access. Whoops.

Fortunately, a broad coalition supporting WiscNet responded to these threats by flooding elected officials with phone calls, letters, and site visits (a lesson to those who would provoke librarians). The legislators soon came to a compromise, but a few days later, AT&T (with its unparalleled lobbying clout in Wisconsin) undid the compromise before it could pass. A lesson to all those who work for the public interest: It is not over until signed by the executive.

WiscNet and allies again rallied and pulled WiscNet back from the hangman's noose. But the legislature couldn't let AT&T go home empty-handed, so they gave WiscNet two years to convince the legislature to let it live. And while today's stimulus funds were saved, UW cannot accept future grants to improve Internet access without approval from Madison.  The bill now sits on Governor Walker’s desk awaiting signature.

This fight in Wisconsin was just one of many in state houses across the nation this year. The Time Warner Cable anti-municipal broadband bill in North Carolina was the most prominent example, but South Carolina and Arkansas also had incumbents pushing to limit public broadband — the only real threat of competition those networks face. Positive legislation in TennesseeWashington, and New Hampshire was killed by powerful incumbents including Comcast, AT&T, and others. These companies are increasingly bold about limiting community networks that put community needs first.

 

Wally Bowen, Tim Karr: Block the Broadband Power Grab

Wally Bowen, the Founder and Executive Director for the Mountain Area Information Network in Asheville, North Carolina, wrote the following op-ed with Tim Karr of Free Press. Wally gave us permission to reprint it here.

North Carolina has a long tradition of self-help and self-reliance, from founding the nation's first public university to building Research Triangle Park. Befitting the state's rural heritage, North Carolinians routinely take self-help measures to foster economic growth and provide essential local services such as drinking water and electric power.

Statesville built the state's first municipal power system in 1889, and over the years 50 North Carolina cities and towns followed suit. In 1936, the state's first rural electric cooperative was launched in Tarboro to serve Edgecombe and Martin counties. Today, 26 nonprofit electric networks serve more than 2.5 million North Carolinians in 93 counties.

Strangely, this self-help tradition is under attack. The General Assembly just passed a bill to restrict municipalities from building and operating broadband Internet systems to attract industry and create local jobs. Although pushed by the cable and telephone lobby, similar bills were defeated in previous legislative sessions. But the influx of freshmen legislators and new leadership in both houses created an opening for the dubiously titled "Level Playing Field" bill (HB 129).

No one disputes the importance of broadband access for economic growth and job creation. That's why five cities - Wilson, Salisbury, Morganton, Davidson and Mooresville - invoked their self-help traditions to build and operate broadband systems after years of neglect from for-profit providers, which focus their investments in more affluent and densely populated areas. Not coincidentally, all five cities own and operate their own power systems or have ties to nonprofit electric cooperatives.

(While the bill does not outlaw these five municipal networks, it restricts their expansion and requires them to make annual tax payments to the state as if they were for-profit companies.)

How does a state that values independence, self-reliance and economic prosperity allow absentee-owned corporations to pass a law essentially granting two industries - cable and telephone - the power to dictate North Carolina's broadband future? This question will be moot if Gov. Beverly Perdue exercises her veto power and sends this bill where it belongs: to the dustbin of history.

However, if the bill is signed into law, its passage could embolden the cable/telco lobby to take aim at the state's many independent, nonprofit broadband networks, primarily in the most rural areas. These networks, with little fanfare or publicity, have made real progress in addressing the rural broadband crisis over the last decade.

These nonprofits include traditional rural electric and telephone cooperatives as well as more recent start-ups such as Mountain Area Information Network (MAIN) and ERC Broadband, both based in Asheville. MAIN launched in 1996 to provide dial-up Internet access via a local call in some of the region's most remote communities. Prior to this, many mountain residents had to call long-distance to reach the Internet.

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The catalyst for ERC Broadband's launch in 2003 was the possible loss of the National Climatic Data Center, which was looking to relocate to a community with more abundant and affordable broadband access. This homegrown fiber network helped keep NCDC and its high-paying jobs in Asheville. ERC's success helped spawn a second nonprofit fiber network, PANGAEA, serving Polk and Rutherford counties. Likewise, the Eastern Band of the Cherokee and a local software firm in Franklin joined forces to launch a third fiber network, BalsamWest, to serve the mountain counties west of Asheville.

This corporate assault on North Carolina's heritage of self-help and self-reliance is all the more bizarre because these out-of-state cable and telephone carriers have begun using the state's nonprofit networks, both rural and municipal, to supplement their network capacity and reduce their bandwidth costs. Common sense dictates that this corporate power-grab should end with a stroke of the governor's pen.

FCC Hearing in Minneapolis on Thursday, August 19

If you can, come on out to influence public policy. The future of the Internet is indeed at stake - with massive corporations spending millions in a power grab for the future of the Internet. Take a few hours to show up and tell the FCC we want the Internet to be open to everyone. We'll be there to tell the FCC to ensure all communities have the right to build the network they need.

Thursday, August 19 from 6-9PM at South High School.

South High School
3131 19th Avenue South
Minneapolis, MN 55407

More Information here

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Network Neutrality: Google, Verizon, and Us

A few thoughts on the Google-Verizon talks and behind closed doors FCC stakeholder meetings with industry...

First, neither the FCC nor Google is likely to defend the interests of the vast majority of us and the communities in which we live. Companies like Verizon don't dump millions in lobbyists and lawyers on a lark - they do it because that level of spending gets them access and action. Google, its don't-be-evil mantra notwithstanding, remains a company that looks out for its interests first.

And Google's interests may well be ensuring that its content is always in the "fast lane" despite their historic approach of pushing for an open internet where no business can simply pay to get get a higher level of service from an ISP.

This is not an "abandon all hope" post about network neutrality. The FCC has substantially changed course on this issue many times (largely due to massive public pressure - thank you to Free Press for organizing so many folks), so I still have hopes that it will enact regulations to preserve the open internet.

However, these regulations are certainly not the best approach. It is a messy approach to solving a problem that fundamentally comes down to the fact that network owners operate essential infrastructure in the private interest rather than the public interest.

We don't have to worry that national bakeries are going to be prioritized over local bakeries in access to the roads they need to make their deliveries. UPS, FedEx, and the US Post Office do not have to engage in separate agreements in every community over who gets to use the roads and what speeds they can travel on them. When it comes to roads, the rules apply to all like vehicles equally (which is to say that all big trucks are treated like big trucks and passenger cars are treated like passenger cars).

If I lived in Chattanooga, Monticello, Lafayette, Brigham City, Bristol (TN or VA), Wilson, perhaps soon Opelika, or dozens of other communities with publicly owned broadband networks, I would be watching this ongoing network neutrality fight with a rather bemused expression because my network is democratically accountable to the community and that offers far greater accountability than anything that will come out of an FCC proceeding.

Update: A fascinating reminder from the Economist on the proper role for regulators:

If companies always agreed with regulators' rules, there would be no need for regulators. The very point of a regulator is to do things that companies don't like, out of concern for the welfare of the market or the consumer.

Photo used under Creative Commons license from AdamWillis.

FCC and Network Neutrality - A Quick Take

A quick reaction to the court decision that the FCC cannot currently prevent Comcast from telling subscribers where they can and cannot go on the Internet: This is what happens when private companies own infrastructure.

Comcast owns the pipes so it makes the rules. The FCC, authorized to regulate "all interstate and foreign communication by wire or radio" by Congress, most assuredly is supposed to have the authority to ensure Internet Service Providers cannot arbitrarily block some websites to subscribers. Whether it really has the power or not is determined by courts - and the courts are massively swayed by the arguments of Comcast, related trade associations, and powerful organizations like the US Chamber of Commerce. So long as Comcast and other massive corporations own the infrastructure, they will make the rules. We can attempt to fiddle at the edges by responding via the FCC, or we can build public infrastructure (over which they can provide services without making the rules) and avoid this entire problem.

On this particular issue, though, I found the following bits helpful in understanding the decision and how it changes federal policy.

Cecilia Kang of the Washington Post posted a video interview with Ben Scott of Free Press that is well worth watching to understand what is at stake and what is not. For instance, the FCC is not proposing to regulate the Internet so much as the wires and transmissions that allow the Internet to run. As long as Comcast can decide what bits it wants to transport (as in, it will transport bits from CNN but not Fox News, for instance), the open Internet is at risk. Ben Scott also appeared on the excellent Diane Rehm show that asked Who Controls the Internet?

If you really want to get into the nuts and bolts of what the Court said, you never go wrong by starting with an analysis by Harold Feld, who notes (with more authority than I when yelling back at my radio at misinformed tech reporters) that lots of folks are talking about this decision (including a certain FCC Commissioner) without understanding what the ruling actually said.

The FCC does not require an additional grant of power from Congress to enforce network neutrality, as noted by Public Knowledge:

The real tragedy of today’s ruling is that this entire issue is a self-inflicted wound by the FCC. When it decided not to regulate broadband Internet under Title II (by placing cable broadband into Title I and moving DSL broadband from Title II to Title I), it turned its back on a specific delegation of powers from Congress. There would be no debate about ancillary authority if the FCC were to recognize that broadband Internet is a Title II “telecommunications” service. The FCC has the statutory power it needs if it chooses to use it.

Photo used under Creative Commons license from AdamWillis.