Network Neutrality

Proposals to help guide our nation to realize the democratic potential of our media and communications ecosystem. 1) A National Strategy to Connect Everyone to Broadband Now, 2) Restore Net Neutrality, 3) End Rampant Industry Consolidation, and 4) Start on a National Discussion on How to Make the Internet Work Better for the US. So, let’s range widely. There are no silver bullets or magic cures or partisan solutions.

While we’ll remain vigilant for whatever a lame-duck President Donald Trump — or let’s face it, the year 2020 — might bring, we will be putting our collective energy toward repairing the damage done over the past four years, while diligently working to expand what’s possible in a Joe Biden administration and new Congress. Our immediate priorities include:

Even though Joe Biden’s victory is assured, the future of the Federal Communications Commission hangs in the balance. Getting broadband internet in as many homes as possible during the pandemic is many Democrats’ most urgent goal, and one they feel the Trump administration failed to accomplish. “Because the Trump FCC failed to meaningfully address the digital divide, tens of millions of Americans still lack high-speed internet,” said Rep Anna Eshoo (D-CA).

The next leadership team of the Federal Communications Commission must prioritize restoring the agency’s authority to protect consumers and competition in the broadband market. Under the next administration, FCC leadership should quickly commence a proceeding proposing to reclassify broadband as a “telecommunications service” under Title II of the Communications Act of 1934. This reclassification puts the FCC on the firmest legal ground to

A Q&A with former Federal Communications Commission Chairman Tom Wheeler. He says one major issue for the Biden FCC will likely be restoring Obama-era net neutrality rules that required internet service providers to offer equal access to content on the web. Current FCC Chairman Ajit Pai reversed those rules in 2017. President-elect Joe Biden will prioritize more spending on broadband infrastructure.

The first 100 days of a new Administration and new Congress are critical to charting a clear, bipartisan course for our nation’s policy agenda. From COVID relief to budget decisions, take bold and decisive action to finish the job of connecting every American home, business and anchor institution to U.S. broadband infrastructure. Particularly amid a global pandemic, the fact that an estimated 18 million American homes do not have broadband access is unacceptable.

Technological innovation has long been and will continue to be critically important to per-capita income growth, economic competitiveness, and national security. So it is important to examine President-elect Joe Biden’s policy agenda through that lens. This report compiles information from the president-elect’s campaign website and policy documents, from the Democratic Party platform, and from media accounts of statements he has made.

If Democrats win a majority of Senate seats, it would give regulatory-minded congressional Democrats the ability to put an end to the legal wrangling over a neutral internet, impose tougher new privacy laws or pass their version of social media regulation. With Republicans holding onto the Senate, there would be no legislation reclassifying internet access as a Title I telecommunications service subject to mandatory access and potentially rate regulation.

Joe Biden's transformation into president-elect Saturday kicks off a new era for tech, giving an industry that's found itself increasingly at odds with government the chance for a reset. Biden's ascent could see the restoration of some tech-friendly Obama-era policies but is unlikely to end the bipartisan techlash that grew during Trump's term.

The Federal Communications Commission lacks the authority to interpret Section 230. Congress did not give the FCC any role in interpreting the law, or, importantly, in adopting rules to implement that interpretation. Section 230 concerns liability for various torts as litigated between private parties. The FCC has no role—only the parties and state and federal judges do. Indeed, the legislative history of Section 230 makes clear that Congress didn’t want the FCC to have any role with regard to Section 230 or with regulating online platforms.