FCC: Democracy is a Bug, We're Working On It

It’s always a little happy-sad to watch the FCC solicit public comment on an issue and then be surprised and self-defensive when the public responds in force. This time, the cycle involves the FCC’s consideration of rules involving network neutrality: more than a million comments were filed during the initial round of feedback. That’s a new record for public participation in a single FCC policy proceeding. (Now you have until September 10 to submit reply-comments.)
There would not have been such an upwelling of public comment on media policy were it not for the Internet, so it’s only fair that an Internet policy proceeding now holds the crown for citizen input. Similarly, the FCC’s apparent inability to cope with this input tells us much about the state of policymaking in the United States. Continue reading “FCC: Democracy is a Bug, We're Working On It”

Net Neutrality's Nebulous Future

Just before the end of the year, the Federal Communications Commission made a second try at preserving principles of openness on the Internet – often clumsily called “net neutrality,” but better contextualized as an effort to prevent data discrimination.
There’s been loads of coverage of the decision and predictions of its ultimate success as a regulatory tool. Advocates and critics alike are correct when they say that the issue is more than just one thing – it’s multiple attributes of Internet freedom that are on the line here. Continue reading “Net Neutrality's Nebulous Future”

Dear Santa: Please Bring Sanity

I’m not a big fan of the consumptive nature of the “holiday season,” though I do love me some reading. One of the latest on my wish list is Tim Wu’s new tome, The Master Switch. The book itself examines the rise of “information empires” within U.S. communications history, ranging from radio to the Internet.
Wu occupies an interesting place in the media policymaking world: he’s not been afraid to speak his mind, and he’s also remained independent enough to look at our information environment from a strategic perspective, instead of getting embroiled in tactical distractions. Continue reading “Dear Santa: Please Bring Sanity”

Politics-Based Policy, or Policy-Based Politics?

If you haven’t yet read Harold Feld’s humorous critique on the handling of network neutrality as a “political issue” during the recent elections, it’s worth the time.
Harold calls out two functional weaknesses in what constitutes the public interest constituency in D.C.: the desire to score quick political points with no long-term value and the penchant to react in a knee-jerk fashion when the drive to score backfires. Continue reading “Politics-Based Policy, or Policy-Based Politics?”

Net Neutrality Now Sliding Down Tubes

After the clusterf*ck circus, near-“deal”-breaking, and back-channel discussions sparked by a judicial ruling stripping the FCC from preventing data discrimination online, and nothing (substantive) doing from the agency itself as a result, the ball has been tossed to Congress. Where it landed with a thud.
Rep. Henry Waxman (D-CA) was poised to introduce a bill that would have effectively been a “compromise” – on an issue in which “compromise” would have meant throttling the FCC’s regulatory authority and leaving lots of loopholes for data discrimination. Bad, bad news. Continue reading “Net Neutrality Now Sliding Down Tubes”

Snookered

A week ago, media reformistas were supposedly “celebrating” the near-avoidance of the death of network neutrality when the FCC declared discussions between it, Google, and Verizon had fallen through.
After a weekend of deep breaths, guess what? Google and Verizon announce a “policy framework” for network neutrality going forward. So much for salvation.
The plan would place the FCC in an “oversight” role to make sure content is not discriminated against online simply for the sake of what it is. Notable, however, is the FCC’s secondary position in the regulation of network neutrality; companies will work out their own deals, and then hand them over to the FCC for rubber-stampage. Continue reading “Snookered”

The Slow Death of Network Neutrality

Many people soiled their suits this week when it was revealed that Google and Verizon – with the apparent oversight of the Federal Communications Commission – began negotiations about how to implement a tiered Internet. If solidified, and officially endorsed, it would have marked the beginning of the end of the principle of network neutrality on the Internet.
The parties involved have denied this activity, to their chagrin. Continue reading “The Slow Death of Network Neutrality”

Sending All the Wrong Signals

Perhaps it really is “thanks for the memories” when it comes to the issue of network neutrality. In the wake of a federal court decision in May striking down the FCC’s authority to impose neutrality principles on broadband service providers, a well-organized and -funded corporate and astroturf campaign seems to have turned political momentum on the issue around – away from re-implementing the principle as a point of law.
Last month, members of Congress held two closed-door meetings with representatives of the broadband services industries about whether or not to re-write the Telecommunications Act of 1996. A major point of discussion was the principle of network neutrality, and what to do with it. Continue reading “Sending All the Wrong Signals”

Net Neutrality: Thanks For The Memories?

The heads of policy peeps just about exploded last month after the D.C. Circuit Court of Appeals struck down the FCC’s authority to stop internet service providers from conducting data discrimination (violating the informal principle popularly known as “network neutrality“). A couple of weeks of hand-wringing later, and FCC Chairman Julius Genachowski releases a statement outlining his plans to re-empower the agency to regulate the way by which ISPs manage their network traffic.
It’s a somewhat arcane policy principle, but in plain English it breaks down like this: the FCC classifies network service providers in one of two ways – telecommunications providers and information service providers. Telecommunications providers (like old-skool telephony) are subject to “common carriage” rules – this means the networks must not refuse interconnection, cannot discriminate against other carriers and customers, and cannot refuse the use of non-destructive applications on their networks. Information service providers, on the other hand, do not fall under the common carriage paradigm. Continue reading “Net Neutrality: Thanks For The Memories?”