Net neutrality is the idea that all parts of the internet should be equally accessible by all of its users. For the most part, this is how the internet has always been. The internet has opened up an amazing channel of instant global communication and any supporter of a free and open democracy would have a hard time arguing against this idea. Congress has introduced a bill with the aim to keep the internet free and open, it is called the net neutrality bill.
The debate over net neutrality is not about internet freedom, but rather WHO can we trust to ensure that it stays neutral. In some circles, there is mistrust towards the government’s ability to regulate anything, let alone something as important as the internet. They feel that every regulatory bill passed will contain ear notes, and in the end is just expanding the bureaucratic mess in washington. Others feel that when left to their own devices, corporations in a free market will see profits as the bottom line, and that to protect the consumer, the state must regulate the market.
I don’t think anybody – other than the CEO of Comcast who probably thinks that Netflix is getting an unfair free ride – is opposed to equal and open access to the internet. Personally, I do not trust the free market to continue to provide a neutral internet. I believe that a free market can only operate with the consumer’s best interest in mind when the consumer is educated and informed.
I do not trust the intelligence of the average internet user to be able to make these decisions. There is a vast disconnect between the technology that we use in our society, and the average user’s understanding of how this fantastic technology works. Thus, the average user is not even aware how they are voting with their dollar. I think Huxley was right when he envisioned his dystopia in a Brave New World.
Net Neutrality – a working definition
Before we can analyze how effective the bill is, we need to clearly define what net neutrality is. Net neutrality in general, is the equal and open access to all information on the internet. In my opinion, there are three specific conditions for internet service providers (ISP) to follow, they are:
1) No preferential treatment can be given to any data that is exchanged over their network; especially in the form of exclusive content from different content providers. Data is data, and you must treat all data equally.
2) To different forms of data exchange. All forms of data exchange should be treated equally, for example between DNS web browsing, peer to peer file sharing, or bit torrent. Data transfer is data transfer, and you must treat all data transfer equally.
3) Tiered pricing packages. ISPs could create tiered pricing packages for access to different types of content. For example, basic internet functions such as email and news would be included in the base package, and you could purchase higher packages for sports, or social networking, or gaming for extra costs. This graphic does a good job illustrating the point: http://i.imgur.com/5RrWm.png
In my opinion, the first point is by far the most important point. I fear that that an ISP could create two information highways over their network – one highway would be a super fast, and the other highway would be much slower. The ISP could then lease out the fast highway to richer companies that could afford it. On the surface, this seems like a fair business plan - creating new markets, allowing competition, letting the market set prices, thus driving innovation – all healthy concepts for a free market economy. But the real fear is that a news media company – such as CNN, Fox News, or MSNBC for example – could sign an exclusive deal with the ISP so that only their content is transferred over the super fast highway.
This would have a profound impact on the free flow of information. If a news media organization has a political agenda, than that gives them an enormous amount of power to influence public opinion and public elections. This is a scenario in my opinion that should be avoided at all costs because the free and equal access to information is vital for the continued operation of a free democratic society.
The second point relates to an ISP throttling or introducing a bandwidth cap, without the users knowledge, to certain types of internet activity, discriminating based on the form of data exchange. Comcast has already done this, by actively reducing the amount of bandwidth available to a user who uses bit torrent to transfer data. To me, although this is a smaller issue, I see it as an unfair business practice.
The third point, regarding tiered pricing packages, I have mixed feelings. A tiered pricing package could be beneficial for some consumers, such as the grandmother who only checks her email twice a month. I think a tiered pricing package can be left alone to the free market.
The Bill
Congress has proposed a bill to introduce new regulations to ISPs that aim to keep the inernet open and neutral. To my surprise, I found the bill to be quite readable. It was intuitive and overall made sense. I read in detail the first two chapters, about 40 pages out of the 194. If I can sit down and spend three hours and read 20% of the bill, then if a congressman who whose job it is to read and vote on bills complains or uses the excuse that a bill is too long in such a way to detract from the integrity of the bill, realize what they are actually saying is this:
“I very much enjoy having power, but I am very lazy, and I do not like to work very hard. So, please don’t vote for me in the next election.”
The ful 194 page bill is available here in PDF format:
And a summarized five page version of the bill that outlines the key points and rational is available here:
http://www.fcc.gov/Daily_Releases/Daily_Business/2010/db1221/DOC-303745A1.pdf
Edit: For the sake of readability, I removed almost all of my running notes. Instead, here is a much shorter and succinct analysis.
In my opinion, the first two chapters clearly define the issue, and present a solid argument as to why regulation is needed. They provide ample evidence that clearly demonstrates that ISPs do not have incentives to keep the internet open. The authors of the bill acknowledge that a debate exists, and work to address all of the major concerns that are presented about introducing this regulation. They recognize the importance of the free market in its ability to drive competition and innovation - and that a free and open internet is essential.
Edit: For the sake of readability, I removed almost all of my running notes. Instead, here is a much shorter and succinct analysis.
In my opinion, the first two chapters clearly define the issue, and present a solid argument as to why regulation is needed. They provide ample evidence that clearly demonstrates that ISPs do not have incentives to keep the internet open. The authors of the bill acknowledge that a debate exists, and work to address all of the major concerns that are presented about introducing this regulation. They recognize the importance of the free market in its ability to drive competition and innovation - and that a free and open internet is essential.
Youtube is a great example of a company that has created new markets and driving innovation. Youtube allows individual content creators to easily create and distribute their original content. However, this can only work on an open and free internet. If ISPs can charge end users extra fees to upload or download videos, this will stifle certain markets and limit overall innovation.
Here are two excerpts in particular that caught my eye, because of the language that they use.
Paragraph 41, page 25:
This could set a dangerous precedent. They claim that the supreme court has already given the congress power to regulate in advance. I feel like this makes it easier for government officials to abuse power in the name of honest intentions - similar to preemptive attacks of war. I can understand the argument in its favor, it is favorable to not have to react to an abusive corporation, but can we trust the government to have honest intentions? This appears to be a larger issue than just this bill.The Supreme Court has recognized that even if the Commission cannot “predict with certainty” the future course of a regulated market, it may “plan in advance of foreseeable events, instead of waiting to react to them.”
Paragraph 81, pages 47-48.
In the Open Internet NPRM, the Commission proposed that open Internet rulesbe subject to reasonable network management, consisting of “reasonable practices" employed by a provider of broadband Internet access service to…
I am not comfortable when bills contain vague language like “reasonable practices.” Reasonable to who? To the consumer? To the company? To the share holders? To the FCC? Reasonable is a subjective word, what is reasonable to one person may be completely unreasonable to another. Its use almost necessitates a discussion to be had my lawyers over how to interpret it. Why not avoid that situation by using language that is clearly defined. Furthermore, the use of "reasonable practices" provides a massive loop hole that would make everything else in the bill useless. Before I can support this bill, language like this must be removed.
Conclusions
I think the FCC shares the same concerns that I have and has a compete understanding of the situation regarding the neutrality of the internet. Like I previously stated, I do not trust corporations to be both innovative and sensitive to the consumers best interests at the same time. However, I also share the disdain towards the inefficiencies and the sewer of corruption that a massive bureaucratic organization creates.
Everyday I have to watch more and more advertisements for trinkets or services that I do not want that slowly drain the very essence of my soul. I have to watch corporations and marketing teams put a dollar on everything, and show a disregard to the health of the consumer and the environment. Everyday my freedoms are eroded in the name of national security. By a government that is quickly expanding its power, in the form of warrantless wiretapping from the Patriot Act or the new TSA security procedures at airports.
I do not know who to trust and I am torn on this issue. I cannot trust the corporations because profit margins are their only bottom line. Maybe this bill is well intentioned, but what if a single author put in a seemingly benign phrase that could later be interpreted as to justify a massive increase in state power? Has there ever been a state institution that willingly let go of its own power? Can I trust the FCC to regulate something as important as the internet - the single most effective tool of communication that has ever been invented - with perfectly honest intentions from all of its agents?
In conclusion, I have to support the net neutrality bill. If the ISPs have control over access and what information can be on the internet, they then control public opinion and future elections. I am not comfortable with the amount of power that the state and that corporations have, but its in our best interest to keep them opposed. If those two powers merge, then there is no hope for democracy.
I feel like I have a pessimistic and hopeless view of the current state of affairs. Often times it feels as though the situation forces a decision between the lesser of two evils - both options are bad, but one is a little less bad. But that is the reality of the situation. Anybody who tries to portray any vote or situation as black and white, as good versus evil, is being dishonest at best. Decisions on politics, economics, and anything involving human nature are often times incredibly complex, and the only sane informed decision is "I don't know".
Its the struggle to understand the complexities of the situation where an honest and informed decision is made. This cannot be done by watching network news or listening to their radio counterparts. A free democratic society cannot operate with an ignorant or indifferent populace. The conditions that breed these lazy mental states are those of arrogance, ignorance, and dogma. When you are able to think critically and soberly analyze the facts for yourself - from primary sources and without a talking head doing it for you - you lose your arrogance, your ignorance, and your dogma.
I think the FCC shares the same concerns that I have and has a compete understanding of the situation regarding the neutrality of the internet. Like I previously stated, I do not trust corporations to be both innovative and sensitive to the consumers best interests at the same time. However, I also share the disdain towards the inefficiencies and the sewer of corruption that a massive bureaucratic organization creates.
Everyday I have to watch more and more advertisements for trinkets or services that I do not want that slowly drain the very essence of my soul. I have to watch corporations and marketing teams put a dollar on everything, and show a disregard to the health of the consumer and the environment. Everyday my freedoms are eroded in the name of national security. By a government that is quickly expanding its power, in the form of warrantless wiretapping from the Patriot Act or the new TSA security procedures at airports.
I do not know who to trust and I am torn on this issue. I cannot trust the corporations because profit margins are their only bottom line. Maybe this bill is well intentioned, but what if a single author put in a seemingly benign phrase that could later be interpreted as to justify a massive increase in state power? Has there ever been a state institution that willingly let go of its own power? Can I trust the FCC to regulate something as important as the internet - the single most effective tool of communication that has ever been invented - with perfectly honest intentions from all of its agents?
In conclusion, I have to support the net neutrality bill. If the ISPs have control over access and what information can be on the internet, they then control public opinion and future elections. I am not comfortable with the amount of power that the state and that corporations have, but its in our best interest to keep them opposed. If those two powers merge, then there is no hope for democracy.
I feel like I have a pessimistic and hopeless view of the current state of affairs. Often times it feels as though the situation forces a decision between the lesser of two evils - both options are bad, but one is a little less bad. But that is the reality of the situation. Anybody who tries to portray any vote or situation as black and white, as good versus evil, is being dishonest at best. Decisions on politics, economics, and anything involving human nature are often times incredibly complex, and the only sane informed decision is "I don't know".
Its the struggle to understand the complexities of the situation where an honest and informed decision is made. This cannot be done by watching network news or listening to their radio counterparts. A free democratic society cannot operate with an ignorant or indifferent populace. The conditions that breed these lazy mental states are those of arrogance, ignorance, and dogma. When you are able to think critically and soberly analyze the facts for yourself - from primary sources and without a talking head doing it for you - you lose your arrogance, your ignorance, and your dogma.
More Net Neutrality Resources: