July 2017

Fight for the Future Turns Focus on the Hill

With the Internet Day of Action targeting the Federal Communications Commission now receding in the rearview mirror, organizer Fight for the Future (FFTF) is shifting its focus to Congress in its fight to retain Title II-based Open Internet rules. According to campaign director Evan Greer, the group will start putting up billboards targeting legislators who support the proposal by FCC Chairman Ajit Pai to roll back Title II reclassification of ISPs as common carriers -- Greer calls it dismantling net-neutrality protections -- and rethink the bright-line rules against blocking, throttling and paid prioritization. Greer said the group has crowdfunded $50,000 toward the billboards, which will start going up in "the coming weeks." The group took the same outdoor advertising tack when trying, ultimately unsuccessfully, to block Republicans' rollback of the related FCC broadband privacy regulations.

Everyone claims to be for an open internet. So what’s the latest net neutrality fight really about?

The period of public comment on the network neutrality rule will close in mid-August, and the Federal Communications Commission could take a vote on a final decision as early as October. According to Sen Al Franken (D-MN), the strategy is to gin up so much negative public opinion that it pressures one of the Republican commissioners on the FCC board to change their mind, which would scuttle the policy change. If that fails, a court challenge is all but inevitable.

If the change does ultimately stand, some, like University of Minnesota professor Soumya Sen, are cautioning open internet advocates that not all is lost. He argues the principles of net neutrality can still be protected even without the current Title II protections — and that they could even be better protected under a different scheme. Thanks to market forces and public opinion, Sen suggests that ISPs won’t immediately move to make the draconian changes that some are expecting. He cited the example of widespread anger from consumers after Verizon and AT&T terminated their unlimited data plans, an unpopular move that both companies later reversed. “If there are changes, I think they will be gradual,” Sen said. “They will test the waters and see how the consumers react to them.”

Illinois Attorney General Lisa Madigan And Others Take On FCC

Attorney General Lisa Madigan led a coalition of 13 other attorneys general to oppose the rollback of critical net neutrality protections by the Federal Communications Commission. In comments submitted to the FCC, Madigan and the other attorneys general argue that the FCC must ensure open access to the internet and the continued equal access to all content providers. "The current Open Internet rules were based on the premise that consumers expect and deserve an open and transparent Internet and that their right to access their chosen content without interference from their service provider should be protected.

The existing rules recognize that the Internet has become an essential service in our society, and that role could be compromised by allowing private companies, many of which have conflicts of interest, to dictate the terms of consumers’ access to and use of the Internet. Consumers expect transparency and fairness from their Internet service when they go online, and those expectations should be reflected in the FCC’s rules,” the attorneys general stated in their comments. Joining IL AG Madigan in submitting comments were the attorneys general from: California, Connecticut, Hawaii, Iowa, Maine, Maryland, Massachusetts, Mississippi, Oregon, Vermont, Washington and the District of Columbia, as well as Hawaii’s Office of Consumer Protection.

Why tech firms are fighting California's privacy push

States across the country are trying to figure how out to regulate consumer privacy in the digital ad space, but the battlefield to watch is Sacramento (CA). There, lawmakers are vetting a bill today that would require internet service providers like Verizon and Comcast to get permission from customers before sharing their data with marketers.

As the lines between media, tech and telecom companies blur, Internet providers and the web companies that use their pipes have a rare alliance in opposing the bill. They all have a stake in the fight as telecommunications companies buy media companies (think Verizon buying Yahoo and AOL) and web companies are, in some cases, working on their own connectivity initiatives (think Google Fiber). A new privacy law in California would be a threat to ISPs trying to break into the digital advertising market and the start of a slippery slope for the Facebook-Google duopoly.