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You can find the current article at its original source at http://www.theguardian.com/commentisfree/2014/apr/24/fcc-net-neutrality-tom-wheeler-stop-rules
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| The FCC is about to axe-murder net neutrality. Don't get mad – get even | The FCC is about to axe-murder net neutrality. Don't get mad – get even |
| (about 4 hours later) | |
| In January, a federal appeals court rejected regulations designed to assure some measure of fairness in the way America's internet | In January, a federal appeals court rejected regulations designed to assure some measure of fairness in the way America's internet |
| service providers (ISPs) handle information traveling through their networks. | service providers (ISPs) handle information traveling through their networks. |
| The problem, according to the court, was not so much that the Federal | The problem, according to the court, was not so much that the Federal |
| Communications Commission (FCC) couldn't insist on what is | Communications Commission (FCC) couldn't insist on what is |
| called "network neutrality" – the idea that customers, rather than | called "network neutrality" – the idea that customers, rather than |
| ISPs, should decide priorities for information they get online. No, the issue | ISPs, should decide priorities for information they get online. No, the issue |
| was that the FCC had tried to impose broadband rules under the wrong regulatory | was that the FCC had tried to impose broadband rules under the wrong regulatory |
| framework. And the court all but invited the FCC to fix its own mistake and | framework. And the court all but invited the FCC to fix its own mistake and |
| rewrite its own updated rules. | rewrite its own updated rules. |
| The FCC's new chairman, the former cable and wireless industry lobbyist | The FCC's new chairman, the former cable and wireless industry lobbyist |
| Tom Wheeler, said he would comply, rather than appeal. "Preserving the | Tom Wheeler, said he would comply, rather than appeal. "Preserving the |
| Internet as an open platform for innovation and expression while providing | Internet as an open platform for innovation and expression while providing |
| certainty and predictability in the marketplace is an important responsibility | certainty and predictability in the marketplace is an important responsibility |
| of this agency," he said in a | of this agency," he said in a |
| February statement. | February statement. |
| Now, based on a slew of frightening news reports last night and a "clarification" from the FCC late this morning, we know how the agency – or at | Now, based on a slew of frightening news reports last night and a "clarification" from the FCC late this morning, we know how the agency – or at |
| least the former cable and wireless industry lobbyist Tom Wheeler – proposes to | least the former cable and wireless industry lobbyist Tom Wheeler – proposes to |
| respond: it won't exercise its supreme regulatory authority in the manner the | respond: it won't exercise its supreme regulatory authority in the manner the |
| court suggested. | court suggested. |
| No, not at all. | No, not at all. |
| Rather, the FCC will say – loud and proud – | Rather, the FCC will say – loud and proud – |
| that it is fixing the open-web problem while actually letting it get worse, by | that it is fixing the open-web problem while actually letting it get worse, by |
| providing a so-called "fast lane" for carriers to hike fees on sites | providing a so-called "fast lane" for carriers to hike fees on sites |
| trying to reach customers like you and me. Which, inevitably, would mean you and I start paying more to use those sites – if we aren't already. | |
| This is a potentially tragic turning point in American | This is a potentially tragic turning point in American |
| politics and policy. We are on the verge of turning over the internet – the | politics and policy. We are on the verge of turning over the internet – the |
| most important communications system ever invented– to telecoms that grew huge | most important communications system ever invented– to telecoms that grew huge |
| through the government granting them monopoly status. Barring a genuine shift in policy | through the government granting them monopoly status. Barring a genuine shift in policy |
| or a court stepping in to ensure fair treatment of captive customers – or | or a court stepping in to ensure fair treatment of captive customers – or |
| better yet, genuine competition – companies like Verizon and Comcast will have | better yet, genuine competition – companies like Verizon and Comcast will have |
| staggering power to decide what bits of information reach your devices and mine, | staggering power to decide what bits of information reach your devices and mine, |
| in what order and at what speed. That is, assuming we're permitted to get that | in what order and at what speed. That is, assuming we're permitted to get that |
| information at all. | information at all. |
| Do we want an open internet? Do we want digital | Do we want an open internet? Do we want digital |
| innovation and free speech to thrive? If we continue down the regulatory road | innovation and free speech to thrive? If we continue down the regulatory road |
| pursued by the former cable and wireless industry lobbyist Tom Wheeler, all of | pursued by the former cable and wireless industry lobbyist Tom Wheeler, all of |
| those good things will be in serious jeopardy. | those good things will be in serious jeopardy. |
| Now, in the interest of fairness, it's important to | Now, in the interest of fairness, it's important to |
| quote the former cable and wireless industry lobbyist Tom Wheeler's reaction | quote the former cable and wireless industry lobbyist Tom Wheeler's reaction |
| to the news leaks, which obviously came from his office. After a brief statement last night, today comes a blog | to the news leaks, which obviously came from his office. After a brief statement last night, today comes a blog |
| post called "Setting the Record Straight on the FCC’s Open Internet Rules", in which the former cable and wireless industry lobbyist Tom Wheeler says his new proposal "would establish that behavior harmful to consumers or | post called "Setting the Record Straight on the FCC’s Open Internet Rules", in which the former cable and wireless industry lobbyist Tom Wheeler says his new proposal "would establish that behavior harmful to consumers or |
| competition by limiting the openness of the Internet will not be permitted." | competition by limiting the openness of the Internet will not be permitted." |
| The proposed rules, according to the blog post, would | The proposed rules, according to the blog post, would |
| require: | require: |
| 1. That all ISPs must transparently disclose to their subscribers and users | 1. That all ISPs must transparently disclose to their subscribers and users |
| all relevant information as to the policies that govern their network; | all relevant information as to the policies that govern their network; |
| 2. That no legal content may be blocked; and | 2. That no legal content may be blocked; and |
| 3. That ISPs may not act in a commercially unreasonable manner to harm the internet, including favoring the traffic from an affiliated entity. | 3. That ISPs may not act in a commercially unreasonable manner to harm the internet, including favoring the traffic from an affiliated entity. |
| It's unclear why the FCC has the right even to enforce | It's unclear why the FCC has the right even to enforce |
| this under the current non-rules, but never mind that. More to the point is | this under the current non-rules, but never mind that. More to the point is |
| what the rules would allow: the oligopoly ISPs, by all reports, would have the | what the rules would allow: the oligopoly ISPs, by all reports, would have the |
| right to cut special deals with web companies to give them that fast lane. | right to cut special deals with web companies to give them that fast lane. |
| This is an outright perversion of network neutrality. | This is an outright perversion of network neutrality. |
| We pay our ISPs for access to the internet, to get a certain speed – we're | We pay our ISPs for access to the internet, to get a certain speed – we're |
| promised "up to" that speed, which is almost never delivered, because | promised "up to" that speed, which is almost never delivered, because |
| the industry's sleazy but common sleight-of-hand marketing is permitted by the | the industry's sleazy but common sleight-of-hand marketing is permitted by the |
| FCC and other regulators. | FCC and other regulators. |
| Consider: an ISP like, say, Time Warner Cable, tells, | Consider: an ISP like, say, Time Warner Cable, tells, |
| say, Google that its YouTube videos won't reach us at the, say, "gold | say, Google that its YouTube videos won't reach us at the, say, "gold |
| package" speed we've already paid for ... unless Google, too, pays a | package" speed we've already paid for ... unless Google, too, pays a |
| gold-standard fee. That is nothing short of a protection racket, run by a | gold-standard fee. That is nothing short of a protection racket, run by a |
| company that has little or no competition. In an actually competitive market, | company that has little or no competition. In an actually competitive market, |
| an ISP couldn't conceivably get away with such a thing. | an ISP couldn't conceivably get away with such a thing. |
| Not everything about the proposed rules, as leaked, is | Not everything about the proposed rules, as leaked, is |
| awful. Forcing ISPs to be much more transparent about the level of service they | awful. Forcing ISPs to be much more transparent about the level of service they |
| actually provide, for example, is highly useful. Getting them to comply | actually provide, for example, is highly useful. Getting them to comply |
| honestly, given their record, is another story. | honestly, given their record, is another story. |
| If you live in America and believe in an open internet, don't waste your | If you live in America and believe in an open internet, don't waste your |
| time sinking into despair over politicians' betrayals. A little anger wouldn't | time sinking into despair over politicians' betrayals. A little anger wouldn't |
| hurt, but aiming it at the former cable and wireless industry lobbyist Tom Wheeler | hurt, but aiming it at the former cable and wireless industry lobbyist Tom Wheeler |
| is pointless. Focus your attention on the people who he works for, and who | is pointless. Focus your attention on the people who he works for, and who |
| allegedly work for you. Start with President Obama, whose unequivocal vow as a | allegedly work for you. Start with President Obama, whose unequivocal vow as a |
| candidate to support an open internet was as | candidate to support an open internet was as |
| empty as so many of his other promises, if not an outright lie. | empty as so many of his other promises, if not an outright lie. |
| Don't stop with Obama, of course. He's made it | Don't stop with Obama, of course. He's made it |
| absolutely clear which side he's on (hint: not ours). We all need to ask our | absolutely clear which side he's on (hint: not ours). We all need to ask our |
| legislators – in your communities, in your states, in Washington – whether they | legislators – in your communities, in your states, in Washington – whether they |
| want to discourage innovation and free speech by giving control of this | want to discourage innovation and free speech by giving control of this |
| essential public utility to a tiny oligopoly. Then: | essential public utility to a tiny oligopoly. Then: |
| There are two ways to prevent abuses by the owners of public utilities. | There are two ways to prevent abuses by the owners of public utilities. |
| One is to regulate them. Remember that advice from the appeals court? The FCC | One is to regulate them. Remember that advice from the appeals court? The FCC |
| could re-classify Internet access as a "telecommunications service" | could re-classify Internet access as a "telecommunications service" |
| (as opposed to the current, largely unregulated "information | (as opposed to the current, largely unregulated "information |
| service") and require neutral treatment by ISPs. For the moment, this may | service") and require neutral treatment by ISPs. For the moment, this may |
| well be the best choice, but we need to be clear that doing this would not be | well be the best choice, but we need to be clear that doing this would not be |
| simple nor without unintended consequences. | simple nor without unintended consequences. |
| Another, better fix is to create genuine competition, or at least the | Another, better fix is to create genuine competition, or at least the |
| conditions for it. The simplest path forward here would be to require the | conditions for it. The simplest path forward here would be to require the |
| monopoly/oligopoly ISPs – remember, they got this big in the first palce | monopoly/oligopoly ISPs – remember, they got this big in the first palce |
| because they were once granted exclusive rights to "serve" their | because they were once granted exclusive rights to "serve" their |
| geographic communities – to share their lines, at a fair price, with competing | geographic communities – to share their lines, at a fair price, with competing |
| ISPs. This is what many | ISPs. This is what many |
| other countries do, and we should give it a try | other countries do, and we should give it a try |
| here. | here. |
| The best solution? Taxpayers should pay for a fiber-everywhere system, then let competing ISPs use it to compete in a genuine free market. But do not | The best solution? Taxpayers should pay for a fiber-everywhere system, then let competing ISPs use it to compete in a genuine free market. But do not |
| hold your breath on that one. | hold your breath on that one. |
| The sky hasn't fallen with today's FCC announcements. Let's not panic. | The sky hasn't fallen with today's FCC announcements. Let's not panic. |
| But if we don't start getting serious about this, as a public, we will lose the | But if we don't start getting serious about this, as a public, we will lose the |
| most important medium in human history. That would be worse than tragic. | most important medium in human history. That would be worse than tragic. |