Net Neutrality Legislation
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Net Neutrality Overview
Net neutrality, or network neutrality, refers to networks that are open to equal access to all. Service providers do not show favoritism when they charge fees or prioritize traffic [1]. There has been much debate on the subject of net neutrality and what and how it should be regulated. Proponents argue that without net neutrality, Internet service providers (ISP) would be able to limit or block access to certain sites based on company criteria and they would charge using tiered pricing structures. “Without net neutrality, the Internet would start to look like cable TV. A handful of massive companies would control access and distribution of content; deciding what you get to see and how much it costs” [2]. Opponents argue that regulation is not necessary because service providers have no intention of blocking or limiting content or performance. They also argue that legislation and would inhibit Internet growth [3]. By charging the same price for all levels of access, ISPs would have difficulty recouping their investments cost and would have little to no incentive to develop better networks.
Current Legislation
Since 2005, the Federal Communications Commission (FCC) has followed a set of four broadband policy principles [4]. These four principles state: To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet: one, consumers are entitled to access the lawful Internet content of their choice; two, consumers are entitles to run applications and use services of their choice, subject to the needs of law enforcement; three, consumers are entitled to connect their choice of legal devices that do not harm the network; and four, consumers are entitled to competition among network providers, application and service providers, and content providers [5].
Purposed Legislation
The FCC voted on October 22, 2009 to begin drafting a set of rules that would require Internet service providers to treat all web traffic the same [6]. Added to the four principles from 2005 would be two additional principles [7]. The first of the purposed rules would not allow ISPs to block or slow bandwidth available to high demand traffic (i.e. streaming video), but would allow ISPs to block illegal material [8]. The second would ensure that ISPs are transparent about the network management practices they implement [9]. Companies who support this proposal are Amazon, eBay, Facebook, Google, Twitter, and other internet based companies [10]. The FCC has enforced the existing broadband policy on a case-by-case basis, but it has never made formal net neutrality rules. FCC Chairman Julius Genachowski says he wants all six principles to apply to all platforms that access the Internet. A bill currently pending in the United States Congress would give the FCC the authority to enforce Net Neutrality [11]. President Barack Obama has said that net neutrality rules are among his top technical priorities [12].
Senator John McCain introduced Internet Freedom Act of 2009 to block the FCC’s net neutrality regulations [13]. This bill was proposed on October 22, 2009 and would prohibit the FCC from further regulating the Internet. It would give self regulation to the communication companies [14]. McCain called the FCC’s purposed rules a “government takeover” of the Internet [15].
Bibliography
Webopedia Computer Dictionary. http://www.webopedia.com/TERM/N/network_neutrality.html
Lawrence Lessig & Robert W. McChesney. (8 June 2006). “No Tolls on the Internet”. Washington Post. http://www.washingtonpost.com/wp-dyn/content/article/2006/06/07/AR2006060702108.html.
Mohammed, Arshad. (February 2007). “Verizon Executive Calls for End to Google’s ‘Free Lunch’”. Washington Post. http://www.washingtonpost.com/wp-dyn/content/article/2006/02/06/AR2006020601624.HTML.
McGlaun, Shane. (23 October 2009). “FCC Moves to Draft Net Neutrality Rules as Sen. McCain Moves to Block”. Daily Tech. http://www.dailytech.com/FCC+Moves+to+Draft+Net+Neutrality+Rules+as+Sen+McCain+Moves+to+Block/article16602c.htm.
Kraemer, Michael. (23 October 2009). “John McCain’s S.1836 Internet Freedom Act”. The Political Cartel Foundation. http://politicalcartel.org/2009/10/23/john-mccain-s-1836-internet-freedom-act/.
Coursey, David. (10 October 2009). “Internet Heavyweights Push Net Neutrality”. PC World. http://www.networkworld.com/news/2009/101909-internet-heavyweights-push-net.html?hpg1=bn.
Federal Communications Commission. (23 September 2005). “FCC 05-151”. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-151A1.pdf.
Gross, Grant. (21 September 2009). “FCC Chairman Calls for Formal Net Neutrality Rules”. PC World. http://www.pcworld.com/businesscenter/article/172312/fcc_chairman_calls_for_formal_net_neutrality_rules.html.
Reuters. (23 October 2009). “McCain Moves to Block FCC’s Net Neutrality”. NewsMax.com. http://www.newsmax.com/insidecover/mccain_net_neutrality/2009/10/23/276246.html.