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The end of US Internet freedom looms

All in the fine print
Wednesday, 4 November 2009, 16:00

WHILE MANY HAVE WELCOMED the unfettered reign of the Internet service providers (ISPs) coming to an end in the US in favour of network neutrality, a team of learned legal minds has warned that all might not be as it seems.

The US Federal Communications Commission (FCC) has decided that it will police the Internet to make sure that the large ISPs - telecom and cable companies, mostly - do not force a two-tiered Internet on the American public.

However a group of prominent law professors has warned the FCC that buried in the fine print of its proposed Net Neutrality rules are potential loopholes that if left open could be exploited by the ISPs in connivance with the entertainment cartels to undermine the future of Internet freedom.

Columbia University Law School professor and Free Press board chair Tim Wu told the Washington Post about the letter (PDF) after submitting it to the FCC.

Wu's co-authors included Stanford Law professor Barbara van Shewick, Harvard Law professor Larry Lessig, Yale Law School's Jack Balkin, South Texas College of Law professor John Blevins and University of Louisville School of Law's Jim Chen.

They said that the FCC's proposed rules don't sufficiently define what the commission means by its use of the terms "non-discrimination" and "reasonable network management".

The law professors agree that the FCC should police the ISPs, but it wants them to have a set of rules that the telecoms and cable firms can't slip out of like the slippery eels that they are.

Using these loopholes the ISPs could block subscribers in the same way that occurred in 2007 when Comcast secretly blocked and stifled its customers' Internet access, effectively preventing or hindering subscribers' use of filesharing applications such as Bit Torrent, the letter warns.

If ISPs have too much leeway that will effectively eliminate Net Neutrality, so it is important that the FCC should be clear as to what it believes the standards should be, they wrote.

Indeed, the devil is in the details, we reckon, so it will be crucial that the FCC gets this right. µ

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Comments
One Bill to rule them all...

TPTB will do *anything* to control the internet the way they control other media. They cant do it openly and honestly, because the resistance is too great. So they will do it by the back door.

And they will succeed, eventually, through sheer persistence.

Enjoy your freedom while it lasts.

posted by : Anonymous Coward, 04 November 2009 Complain about this comment
it's bit torrent's fault? sort of

The biggest threat to internet freedom is, I think, due to the fact that it offers such unfettered access to illegal downloads. It motivates companies to seek restrictions via ISPs. One would imagine only a government entity would be interested in "controlling" information, while corporations are interested in protecting their assets from the big leech.

posted by : Leandro, 04 November 2009 Complain about this comment
Multiple tiers should be allowed

While ISPs should never be allowed to disable certain applications, they don't have infinite bandwidth. I see nothing wrong with providing multiple tiers of service. If you want more bandwidth, then it should cost you more.

There are a small percentage of people that use too much bandwidth and it degrades the throughput for everybody else. A lower-tier, lower-priced service would be adequate for 99% of the population. But bandwidth abusers could have the option of upgrading to more capacity for a higher price. This would definitely help the ISPs manage their networks, and there would still be competition between the ISPs to keep prices in check.

Also, there may be some applications that require high-prioritization (such as a medical device). This could open up all kinds of development for applications we've never even heard of. I know people balk at the idea of prioritizing traffic, but there are instances when it makes sense. In those instances, it should cost more, but not affect the normal traffic of the lower-tiers.

As usual, there is a need for some regulation. The question as always is how much regulation? Too much regulation is just as consumer-unfriendly as not enough. I personally think that the current legislation goes too far.

posted by : Pat, 04 November 2009 Complain about this comment
what mistake

Is there any one who really thinks these loopholes where accidental.

posted by : FastD, 04 November 2009 Complain about this comment
This Shouldn't happen

What happened to the FREE MARKET? If these companies have paid billions of dollars to develop their internet infrastructure than who is the government to say they can or cannot do something?

Other than the Comcast thing, which was reversed right away due to customer outrage, where else would the rules outlined in this have come in to affect in the history of the internet? This bill will have the future internet infrastructure paid for by tax payer dollars which means the future internet capabilities will be sub par. It will also let the FCC effectively control internet content and stifle peoples free speech on the internet.

The worst thing about this is that no one has voted in these FCC leaders and yet they have the power to regulate the freest thing in the world, the internet. One of these being Mark Loyd, a man who has said he respects Hugo Chavez' revolution and that it never could have happened unless he took over his countries media.

posted by : wyatt, 04 November 2009 Complain about this comment
The midas touch NOT!

There was never freedom in the US internet. Oh I stand corrected, they have all the freedom to with you as they see fit. I know cause I'm a victim of.... There he is slow that dddaaatttaaaa ttttrrraaannnnssssffffeeeerrrrr dddooowwwnnnn! Life being me....the connected one!

posted by : John, 04 November 2009 Complain about this comment
Federal Censorship Commission

But when has the FCC ever gotten anything right? If the FCC is involved you'll get three things: censorship, censorship, and censorship!

posted by : Ned, 04 November 2009 Complain about this comment
@wyatt

It's fun watching all the corporate behind lovers coming out with their only BS argument aka "free-market". It aint a free-market if the market has only 5 or 6 large players and they all cartelize to screw the consumer. If that is what is "free-market", then I prefer socialism

posted by : AS, 04 November 2009 Complain about this comment
The end of the US citizens representation ...

Have you guys have not heard. Our politicians - BOTH PARTIES have sold us out to China, Special Interest Groups, Lobbyist and anyone with a dollar. Net Neutral is definitely not going to be in the interest of the Amercian People. Hence forward anything new from Washington will only be self serving for them or who paid them off for this that is new.
The headline should read - THE END OF US FREEDOM LOOMS

posted by : Mike, 04 November 2009 Complain about this comment
YAY HELP ME GOVERNMENT

I guess your a corporate lover if you don't support your government effectively regulating a near perfect industry. Lets have government regulate how often you go to take a shower so you dont waste any water. ( I think they are starting to do that) Or lets have government hold my hand while im crossing the street so i dont take any risk in hurting myself! Big brother please help me from these evil ISP providers who block sooo much content from me.... lol what a bunch of morons

posted by : Joe, 05 November 2009 Complain about this comment
What NN really means.

It means the rich provider companies can't act like total dicks to make more money. That is all. This stuff about "freedom" is a Republican-machine lie.

Your provider wants to block all of theinquirer? Too bad, you helped kill NN.

posted by : Mike Green, 05 November 2009 Complain about this comment
$$$

The only freedom left in the US is to spend money if you have it.

posted by : Ed, 05 November 2009 Complain about this comment
Boycott Big Media Companies

I am so sick of these bigwig greedy companies I am making sure not to buy one movie new or any music at all that comes from bigwig RIAA Stooge labels or artists.I will hurt those bastards with my wallet.That will screw them for up to a 1,000.00 i would of spent.
Screw Hollywood I do not need your BS.
Buy Used if you need a film.

posted by : jordan, 05 November 2009 Complain about this comment
@Wyatt

2 things - first is you contradict yourself. How can you have a free market if the 'net isn't neutral?

Secondly - whats wrong with supporting Hugo Chavez? The man is a living legend.

posted by : krs360, 05 November 2009 Complain about this comment
Re: "If you want more bandwidth, then it should cost you more"

I believe that is already happening, since the cost of a 2MB line is less than the cost of an 8MB line - at least where I live it is.
The issue is really within the fact that, in some countries, you pay for "up to 2MB" of bandwidth and, if you have the folly of actually using it, you get your connection rate slashed down to 128K.
Not fair in my book, but thankfully I'm not concerned either.

posted by : Pascal Monett, 05 November 2009 Complain about this comment
Standard M.O. really

It shouldn't be a surprise. Just about every bill passed is fake.

Seriously when was a bill passed that actually did what it said it did? 10-20 years ago? What was the patriot act? Taking away your rights. What was the new bankruptcy bill? All about giving money to banks/credit card companies. What was the prescription drug bill? All about not allowing you to import drugs, the gov't couldn't buy in bulk to save, and they gave hundreds of billions to the drug companies.

Well the three above are clueless repubs bills. But now the dems are making a similar mistake. Not as obvious and not coming from the same wellspring but mistakes nonetheless. You see the dems are too scared to do what they want, the repubs are too stupid to realize no one wants what they are offering - but they are lockstep so they get their stuff passed.

Let's see, a health care reform that doesn't reform. It just forces you to buy their crappy insurance that doesn't cover you, and fines you if you don't buy that expensive insurance that won't help you if you get sick. Great job guys, way to make the situation worse.

Meanwhile the imac board they are putting in there WILL KILL PEOPLE. To save MONEY. Why? Because they seem to think in an era of declining resources, tough choices need to be made. But of course declining resources means debt, which of course when you look at it and realize the debt is fraudulent, and not binding, then the decision to withhold treatment to save money based on declining resources is wrong, because we don't have declining resources. Only declining MONETARY resources. Which of course can be wiped away with a stroke of a pen. What idiots! Obama you too.

So who is to doubt that the net neutrality bill doesn't do anything but the opposite. It's congress' M.O.

Right now I want a high cost health care bill with no limits on banks, 1000 percent interest rates on credit cards, and derivatives ordered to go 10x higher than the 1.4 quadrillion (at least) it currently is.

Why do I want this? Simple, because since they do the opposite of what they try to do in every bill, maybe if we start THAT way, they'll actually give us single payer without an IMAC or NICE board, they'll throw the book at the banks/corps so that derivatives are 100 percent canceled, firms deemed too big to fail are broken up, and generally speaking actually favors average american instead of 'looking like change', but really being a new way to screw the average person over.

Next up 'cap and trade' to kill American industry under the guise of climate change. Oh I believe in climate change, cause by the Sun. What is that? A fiery ball at the center of our solar system, but that's not important right now (airplane lol)

So cap and trade will kill industry AND NOT STOP WARMING THE PLANET. What idiots.

But then again, with no American industry, America becomes dependent on British imperialism to keep the store shelves stocked with cheap slave labor goods. Yeah! More economic problems ahead. As Sarah Palin would say 'you bet'cha'

Oh and I'm a dem, not a repub. Obama sucks, we should have elected Dennis Kucinich.

Obama is in wallstreet/london's pocket, his change is as fake as Faux news. (but the opposition isn't any better)

We're screwed.

Don't believe me, wait 1 day to 3 years. Odds are months.

Or simply watch what they are doing, everything they do, is the opposite of what they say.

One final note. The recent elections (nov 2009) were not 'pro repubs', they were 'anti-estbalishment'. Freaking beltway idiots.

The elections, JUST LIKE IN 2008 IDIOT FELLOW DEMS......WE VOTED FOR CHANGE.

WE DON'T SEE CHANGE!!! ANY incumbent that isn't seen yelling for change, is in trouble. Dem, repub, whatever. But dems are on much better footing because every Repub congressman out there besides maybe three are complete idiots.

What did the people in NJ, VA, NY, and elsewhere vote for? CHANGE!

They don't want republican ideas, they don't want wall street ideas, they want CHANGE. Whoever promises it dem or repub is going to win. PERIOD END OF STORY. It's change or lose.

So what they were saying is Obama, put your foot on the pedal and push it to the metal for change.

Screw Wall Street
Screw big corps
Screw big insurance and pharma

Those repubs better change things the way their constituency wants, or they'll be gone next election. My guess, they will be gone as neither Republican elected even knows of change like the people want. So there's going to be a lot of pissed off people in NJ and VA when they figure out that the repubs they elected are even MORE CLUELESS than the dems they replaced/ran against.

So Obama get your head out, go fully to the left on healthcare - that's what people have been saying in multiple elections. Then go fully to what both parties and independents want - end derivatives, breakup TBTF companies, pass HBPA of 2007, switch to American Credit System, not Federal Reserve MONETARY system.

So net neturality bill being a way to end net neturality. Again, doesn't surprise me, it shouldn't surprise you.

Repubs need to focus on bringing Ron Paul types, and dems need to bring on more liberals. Only progressive democrats and Ron Paul republicans (in some ways) are capable of running this country. Not Bachman repubs and Not Obama/Rahm Emmanuel dems.

posted by : J, 05 November 2009 Complain about this comment
Low capacity?

I don't care if bit torrent, or movies, or porn, or whatever is using up "too much" bandwidth compared to other services. Data is data. Buy more capacity or enforce non-discriminatory metering.

Internet connections are purchased to access THE INTERNET, not specific content that the ISP wants us to. ACCEPT NOTHING LESS. I pity the people of countries run by backwards and regressive governments that practice otherwise.

posted by : BB, 06 November 2009 Complain about this comment
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