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Net neutrality sees first light in new Congress
It came from Reps. Ed Markey and Anna Eshoo, both Democrats. Markey has attached his name to Net neutrality efforts in the two previous Congresses. The Internet Freedom and Preservation Act, introduced on Friday, would codify the right of Internet users to access lawful content on broadband networks without discrimination, while clarifying that ISPs are entitled to engage in reasonable network management. It also would also call on the Federal Communications Commission to set rules regarding the enforcement of the legislation, which includes requirements of meaningful disclosure to subscribers about how the network they pay to access is being managed. From the bill: "As the nation becomes more reliant upon such Internet technologies and services, unfettered access to the Internet to offer, access and utilize content, services and applications is vital." Specifically, it would become the ISP's "duty to not block, interfere with, discriminate against, impair or degrade the ability of any person to use an Internet access service to access, use, send, post, receive or offer any lawful content, application or service through the Internet." Also prohibited would be the imposition of any "charge on any Internet content, service or application provider to enable any lawful Internet content, application or service to be offered, provided or used through the provider's service, beyond the end user charges associated with providing the service to such provider." In essence, no discrimination against legal content, and no charging Google or Amazon for faster service on the ISP's network. As one might expect, the introduction of the legislation was met with delight from the numerous Internet activist groups that have been campaigning for Net neutrality legislation (and stronger action from the FCC) for years. A sampling: Free Press' Ben Scott: "The rules that govern the Internet must protect economic innovation, democratic participation and free speech online. If we don't make Net neutrality the law once and for all, we could see the innovation and promise of the Internet derailed forever." Public Knowledge's Gigi Sohn: "The requirements in the bill are very straightforward. In essence, the bill would return non-discrimination to communications law, preventing Internet service providers (ISPs), such as telephone and cable companies, from interfering in that end-to-end relationship. The requirements would curb the ability of ISPs from using the claim of network management to impose their own priorities on data traffic, based on financial arrangements or other considerations." The Open Internet Coalition's Markham Erickson: "Currently, technology investors and innovators face an uncertain future -- the extent of protection for consumers to use the applications and services of their choice is unclear and under challenge in federal court. We look forward to action in Congress and at the FCC to ensure Net neutrality protections are codified in the law and the veil of uncertainty is lifted." 0 TrackBacksListed below are links to blogs that reference this entry: Net neutrality sees first light in new Congress. TrackBack URL for this entry: https://swarm.jupitermedia.com/mt-tb.cgi/8618 1 CommentsLeave a comment |
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"...while clarifying that ISPs are entitled to engage in reasonable network management."
What is reasonable network management, though? Reasonable management in some cases may conflict with ISPs "duty to not block, interfere with, discriminate against, impair or degrade the ability of any person to use an Internet access service to access, use, send, post, receive or offer any lawful content, application or service through the Internet." I work for APconnections, which makes Netequalizer, one of the more hands off approaches to network management, but many of our users don't have a choice but to target the behavior of certain heavy users. One person's penchant for downloading music -- legally or not -- can significantly impact the quality of service for everyone else. And, increasing bandwidth just to meet the needs of a few users isn't reasonable either.
The key to making this work is being open and candid with customers -- what management will be used, etc. I realize that this is included in the bill, however, many net neutrality advocates quickly dismiss any management as an infringement upon the user's rights. The protection of the users' rights will get the attention with these types of bills, but there should also be just as much emphasis on the rights of the provider to reasonably manage their network and what this may mean for the idea of unadulterated net neutrality.