Network Neutrality

Internet advocates have updated a scoreboard they have compiled that shows internet users how efforts to overturn the Federal Communications Commission decision to rescind network neutrality protections in 2017 are working. The scoreboard, which has been used in some form for months and was created by a coalition of internet rights groups called Battle For The Net, allows users to select their state and see whether or not their lawmakers have voiced support for the Congressional Review Act (CRA) effort, which needs a simple majority in the House of Representatives to pass.

A Q&A with Sen. Ron Wyden (D-OR).

In my previous post, I highlighted four reasons why the U.S needs a unified policy framework for an open Internet ecosystem: 1) lack of competition/incentive and the ability to discriminate; 2) collection of and control over personal data; 3) lack of transparency; and 4) inadequacy of current laws and enforcement. Many of these problems can be addressed with targeted legislative and regulatory interventions.

Watch for network neutrality arguments in future antitrust analysis of mergers, competition lawyers said. The Justice Department’s high-profile attempt to block AT&T from buying Time Warner didn’t address the possibility that the AT&T customers could see slowed internet traffic for some content. But that kind of argument could come up one day. The DOJ has looked at past merger cases on the grounds of its impact on open internet access said Ketan Jhaveri, a former trial lawyer at the DOJ’s Antitrust Division.

[Analysis] In a new article for the Georgetown Law Technology Review, I seek to jumpstart a conversation about how to shape an Internet ecosystem that will serve the public interest. First, let me lay out the rationale for a new, unified policy framework for an open Internet: 1) Lack of Competition/Incentive and Ability to Discriminate, 2) Collection of and Control over Personal Data, 3) Lack of Transparency, and 4) Inadequacy of Current Laws and Enforcement.

[Analysis] On July 17, 2018, Rep. Mike Coffman (R-CO) changed the network neutrality debate. Through two bold steps, Rep. Coffman disrupted the ongoing Republican vs Democrat divide on the issue and became, perhaps, the most prominent Republican to not just provide lip service to the “open internet,” but to make a positive proposal to enshrine net neutrality consumer protections for broadband users. First, Rep. Coffman introduced legislation that would amend U.S. communications law to provide for internet openness requirements for broadband internet access service providers.

The Massachusetts Senate unanimously passed a bill that would require internet service providers to provide more transparency related to net neutrality and consumer privacy.

Netflix chief Reed Hastings — who has been an ardent and vocal supporter of net neutrality rules to ensure service providers don’t discriminate against internet content companies — said the US reversal on net neutrality won’t have an impact on the streamer’s business. “Around the world, net neutrality has won as a consumer expectation,” Hastings said. “I would say the net neutrality advocates have won the day, in terms of those expectations, so we don’t see any changes of that in the US or other countries.”

I applaud Rep. Coffman for signing the net neutrality discharge petition. The Joint Resolution of Disapproval of the FCC’s December 14, 2017 net neutrality repeal order is the fastest and best way to restore FCC authority to protect consumers and competition in the broadband market. Surely his constituents will appreciate his leadership in taking this important step.

Rep. Mike Coffman (R-CO) introduced a bill that would codify network neutrality regulations into law. Titled The 21st Century Internet Act, the measure would institute the basic outlines of the Federal Communication Commission’s 2015 Open Internet order, which banned the throttling and blocking of content as well as harmful paid prioritization practices.