Regulatory classification

The House Judiciary Committee has scheduled a hearing on network neutrality and the role of antitrust for Nov 1. The Subcommittee on Regulatory Reform, Commercial and Antitrust Law, which will hold the hearing, has not released details, but the event is likely to address concerns that internet service providers stifle competition. The hearing comes as Republicans in the Federal Communications Commission (FCC) put their finishing touches on a plan to scrap net neutrality. The agency has not released a timeline for when it will release and vote on the final version of Chairman Ajit Pai’s proposal to roll back the rules, but telecommunication insiders speculate that a vote could come as soon as December.

[Commentary] Here are just a few ways internet service providers (ISPs) have throttled or blocked content in the past:
Packet forgery: In 2007 Comcast was caught interfering with their customers’ use of BitTorrent and other peer-to-peer file sharing
Discriminatory traffic shaping that prioritizes some protocols over others: a Canadian ISP slowed down all encrypted file transfers for five years
Prohibitions on tethering: the Federal Communications Commission fined Verizon for charging consumers for using their phone as a mobile hotspot
Overreaching clauses in ISP terms of service, such as prohibitions on sharing your home Wi-Fi network
Hindering innovation with "fast lane" discrimination that allows wireless customers without data plans to access certain sites but not the whole Internet
Hijacking and interference with DNS, search engines, HTTP transmission, and other basic Internet functionality to inject ads and raise revenue from affiliate marketing schemes, from companies like Paxfire, FairEagle, and others
Individually and collectively, these practices pose a dire threat to this purely democratic engine of innovation that has allowed hackers, startups, and kids in their college dorm rooms to create the free Internet that we know and love today.

[John Ottman is Chairman and co-founder of Minds, Inc. a social media network.]

[Commentary] Handing the network neutrality problem over to a government agency with strong industry ties and poor mechanisms for public accountability poses a real danger of creating more problems than we’d solve. One alternative is to foster a genuinely competitive market for Internet access. If subscribers and customers had adequate information about their options and could vote with their feet, internet service providers (ISPs) would have strong incentives to treat all network traffic fairly. But the ISP market today is under oligopoly control. Nearly one in three American households have no choice when it comes to their Internet, and for all the other consumers choices are quite limited.

Another scenario would be for Congress to step in and pass net neutrality legislation that outlines what the ISPs are not allowed to do. But fighting giant ISP mega-corporations (and their army of lobbyists) in Congress promises to be a tough battle. Yet another option: empower subscribers to not just test their ISP, but challenge it in court if they detect harmful non-neutral practices. That gives all of us the chance to be watchdogs of the public interest, but it too, is likely to face powerful ISP opposition.

[John Ottman is Chairman and co-founder of Minds, Inc. a social media network.]

House Commerce Committing Ranking Member Frank Pallone (D-NJ) says top edge player online content management policies are not "neutral," a charge that comes as the network neutrality debate continues to rage on. “With a goal of ad clicks or driving page views, these companies’ policies are not neutral; they actively shape content on the web," said Ranking Member Pallone. That came in a request for a meeting with representatives of those edge giants about how they police content on their sites as social media's role in fake news and Russian election meddling becomes grows as a focus of Hill attention. It also is a response to reports of vague, confusing, and inconsistently applied content guidelines.

Usually, ISPs have been targeted for net neutrality criticisms, but increasingly edge providers are at least at the edges of the conversation on Capitol Hill, and Pallone, along with the committee Democrats of which he is the leader, is clearly trying to include tech companies in conversations about their role in net neutrality and the First Amendment going forward.

[Commentary] It might seem that the prospects for a return to strong bi-partisan Internet policy, which began during the Clinton Administration, are no better now. There’s been no visible movement, for example, on a simple but effective compromise bill offered by senior Republicans in 2015. According to its sponsors, it remains on the table. But the stakes are about to get higher. The Federal Communications Commission is likely to vote before year-end to undo much of the Commission’s 2015 order reclassifying broadband Internet service providers as public utilities, an order which, almost as an after-thought, included the agency’s third attempt at network neutrality rules that could pass legal muster. Added urgency may help the stars align for serious negotiations in Congress.

For one thing, an inevitable legal challenge to the upcoming order will go nowhere. Though it may take a year or more to work its way through the courts, the FCC’s undo of its earlier order will almost certainly be upheld.

The time for a straightforward, uncontroversial legislative solution is now—not after the pro-utility advocates lose in court in another year or more, and not after another few turns of FCC Chairmen flipping the switch again and again. The net neutrality bill introduced in 2015--before the FCC needlessly reversed twenty years of bi-partisan policy--remains the best starting point we have. Assuming, that is, that Congress really wants to solve this problem once and for all.

[Larry Downes is the Project Director at Georgetown Center for Business and Public Policy.]

[Commentary] If we cannot get net neutrality right, we can forget about the transformative democratic potential of the net. Network neutrality is the necessary, but not the sufficient, foundation of an open internet. And anything less than a truly open internet would be a tragic denial of the awesome potential of digital technology to transform our lives.

We should be in a golden age of media. We might have gotten to such a golden age had we not allowed the consolidators to kill independent media, not encouraged Wall Street expectations to smother Main Street needs, not permitted commercialization to supersede real news and information, and not let our US government default on its public interest responsibilities. I believe more and more people in your country and mine, regardless of party persuasions, are becoming concerned about this. You and I in both our great nations must harness this concern and turn it into policy. No one is going to do this for us. We can have that golden age, we need that golden age, and we will get there not separately, but together. It will be a tough climb, but a climb worth making. Let’s put on our mountain-climbing boots and get on with it.

[Former-FCC Commissioner Michael Copps joined Common Cause to lead its Media and Democracy Reform Initiative.]

I’m sure that those that love to regulate will try to make the weak case that the status of the wireless industry occurred because of — and not despite — the Federal Communications Commission’s regulations, particularly our Net Neutrality burdens. Beyond being desperate to validate their myopic decision, this argument completely ignores the counterfactual, or what would have occurred absent such burdens. The reality is that had the Commission rejected the liberal mantra of Net Neutrality, the entire wireless picture could have been even better.

[Commentary] In recent years, a number of states have endeavored to get into the internet policy game. As the internet diffuses across the economy, the urge to act at the state level will likely strengthen. We saw this recently when California legislators proposed their own internet privacy law after Congress struck down a 2015 internet privacy regulation using the Congressional Review Act, and the Federal Communications Commission (FCC) issued its Restoring Internet Freedom proposal.

But to the extent that Congress, the FCC, and the FTC have the authority to protect the free flow of internet activity against state-based obstacles and fragmentation, they should do so. In its coming order, the FCC should reaffirm the interstate nature of these services.

[Bret Swanson is concurrently president of Entropy Economics LLC]

Team Internet is a network of volunteers combining people power with technology to mobilize people across the country to pressure their lawmakers to stand up for Net Neutrality. Free Press Action Fund, Demand Progress and Fight for the Future launched the project in July. Since then, Team Internet volunteers have spoken in person about Net Neutrality to 200 members of Congress or their staff at both town halls and in-district meetings.

Activists Iliana Gomez and Lesley Perg provide a critical backbone of support for Team Internet’s organizing infrastructure to make that happen. Since the end of August, they’ve done nearly all the work of the host-support team. This team has provided assistance to the scores of individuals — or hosts — who have organized meetings about Net Neutrality with their local congressional offices through Team Internet. Gomez and Perg call hosts and talk them through the details of their events, ensuring they have all the materials they need and are prepared to meet fellow activists and their lawmakers.

The government's top watchdog has agreed to investigate the reported cyberattack that targeted the Federal Communications Commission earlier in 2017 while the agency was preparing to roll back net neutrality regulations. A spokesman for the Government Accountability Office (GAO) confirmed it has accepted a request from two Democratic lawmakers to probe the distributed denial of service (DDoS) attack that the FCC said disrupted its electronic comment filing system in May. The spokesman said that the probe, which was first reported by Politico, is “now in the queue, but the work won’t get underway for several months.” The investigation will also examine the FCC’s broader cybersecurity efforts.