A First Amendment for the Internet

[SOURCE: Financial Times, AUTHOR: Eli Noam, Columbia University]
[Commentary] the real question is not so much who regulates the overall aspects of the Internet, but to what purpose. One of the fundamental questions is whether and how to regulate television programmes that are delivered over the emerging broadband Internet. What is needed is a strong rule against governmental restrictiveness on the international flows of information over the Internet, such the First Amendment of the US constitution, which protects free speech and press in America. Such a rule must be clear and unambiguous. Anything less will be undermined since it will be easy to find an international majority to support various qualifications. This gives the US a constructive opportunity. Instead of clinging to the status quo in Internet governance it should move forward to pursue positive goals. Thus, any new international system of Internet governance, as contemplated now at the summit in Tunis, should be conditional on a clear declaration of freedom for the global flow of all Internet content. If such a resolution is passed, the US can declare victory for its First Amendment principles of free information flows and their expansion into the international arena, and make way for a broader international body. But if such a declaration is unachievable, it should give supporters of international democracy pause about what it is that they stand to gain from displacing the US from continuing to set the tone for the Internet. They may be helping to establish the global Internet media system of the future as one of state licensing and controls, which is vastly more troubling than temporary American over-representation.
http://news.ft.com/cms/s/4042e794-560b-11da-b04f-00000e25118c.html
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