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Craig Aaron

Craig Aaron

Posted: December 10, 2010 05:26 PM

Ever have to negotiate a contract or try to sell a used car?

Would you start the give-and-take by naming the lowest price you're willing to accept and then try to get a better deal?

Of course not. Yet somehow, that's the exact "strategy" the Obama administration seems intent on pursuing -- and not just on tax cuts for the richest Americans.

The Washington Post's Greg Sargent described this pathology among Democrats in a post last week:

The problem isn't that Dems aren't capable of winning an argument. It's that they don't think they're capable of winning a protracted political standoff, even on an issue where the public is on their side, once Republicans start going on the attack. They seem to set their goal early on at salvaging a compromise, rather than going for the win. As a result, they tend to telegraph weakness at the outset, sending a clear message that they'll essentially give Republicans what they want as long as they can figure out a way to call it a compromise.

I don't know if such rampant spinelessness is genetic or contagious, but substitute "big phone and cable companies" for "Republicans" in the previous paragraph, and you've nailed the Federal Communications Commission's approach to the Net Neutrality debate.

Over the past year, FCC Chairman Julius Genachowski has managed to take the administration's top tech priority - and Obama's promise to "take a back seat to no one" on the issue - and driven it into a ditch.

Instead of staking out a strong position and forcing powerful companies like AT&T and Comcast to come to the table for a compromise, Genachowski has been negotiating against himself, backpedaling from his backpedaling, and ultimately proposing toothless rules that look nothing like real Net Neutrality.

Yet now Genachowski expects the millions of Americans who have spoken out for Net Neutrality to buy this lemon when the FCC meets to vote on his rules on Dec. 21.

How We Got Here

Let's review: Obama swept into office with safeguarding the free and open Internet front and center on his technology agenda. He appointed Genachowski, who pledged to deliver on that promise. Under attack from the phone and cable companies and their astroturf front groups, the FCC chairman proposed imperfect but generally good Net Neutrality rules last fall.

The FCC was thrown a curveball in April when a federal appeals court ruled that the agency lacked the authority to create rules that protect Internet users because of an ill-advised change made during the Bush administration. Genachowski has the power and legal precedent to restore the FCC's authority under the law, but he has failed to act.

Instead of using his bully pulpit to educate the public about what's at stake if we lose the free and open Internet, Genachowski conducted closed-door meetings that only included the biggest industry players. Those fell apart when Google and Verizon went public with their controversial pact to carve up the Internet. But rather than seize the moment of public outrage to push for stronger rules, the FCC chairman sat mute on the sidelines.

Eventually, with an election approaching and Genachowski seemingly paralyzed with indecision, Congress got in on the act. Rep. Henry Waxman started shopping a seriously flawed compromise bill. But when Republicans refused to play ball, it was never introduced.

Waxman's legislation was designed to win the unanimous consent of not only the major stakeholders, but all 535 members of Congress. Genachowski, on the other hand only needs three votes -- including his own to enact a strong Net Neutrality rule at the FCC. Yet when he circulated his proposed rules to the other FCC commissioners last week, he proudly declared it was based on Waxman's watered-down approach.

By my count, that makes his plan a compromise on a compromise on a compromise.

How to Fix Fake Net Neutrality

As it reportedly stands now -- and nobody outside the FCC knows exactly what the rules say -- the biggest Internet service providers will have a free hand to harm consumers, stifle innovation and carve up the Internet in irreversible ways. The fact that AT&T seems perfectly pleased with these rules tells you pretty much everything you need to know.

Fortunately, it's not too late to fix them. As detailed in a letter sent to the chairman today and signed by more than 80 public interest groups, civil rights organizations and innovative business leaders, there are five key areas that must be addressed.

  1. Wireless. Even though Genachowski has said it's "essential that the Internet itself remain open, however users reach it," his proposal would leave wireless networks unprotected. It would enshrine Verizon and AT&T as gatekeepers to the rapidly expanding world of mobile Internet access, allowing them to favor their own applications while blocking, degrading or de-prioritizing others.
  2. Paid Prioritization. Genachowski's proposal reportedly fails to explicitly prohibit deals that would allow ISPs to charge steep tolls to favor the content and services of a select group of corporate partners, relegating everyone else to the cyber-equivalent of a winding dirt road. (See the video above.)
  3. Key Definitions. The devil is always in the details at the FCC. So it's important how the agency defines terms such as "Broadband Internet Access Service" and "reasonable network management" so giant loopholes aren't created that could undermine the purpose of these rules.
  4. Specialized Services. Last summer's Verizon-Google pact was widely lambasted because the deal would have allowed ISPs to split the Internet into two pipes: the public one we have now and a separate private lane reserved for "specialized services." The FCC needs to be sure there are safeguards so we don't lose today's level playing field where anyone with a good idea has the chance to be the next Google or Facebook.
  5. Legal Footing. Genachowski reportedly is grounding these new rules in the same kind of legal arguments that were rejected by the courts last spring. This strategy presents an unnecessary risk in a short-sighted attempt to avoid "reclassifying" broadband under Title II of the Communications Act. Such a move doesn't just put Net Neutrality on shaky ground, it places the FCC's entire broadband agenda in jeopardy.

That's what needs to be fixed to turn Genachowski's faux Net Neutrality proposal back into the real thing. Getting there before Dec. 21 will be an uphill climb.

To pass his rules, the FCC chairman will need the votes of Democratic Commissioners Michael Copps and Mignon Clyburn -- who always have been stalwart supporters of Net Neutrality and champions of the public interest. They will be under immense pressure to back the chairman, which is why it's so important that they hear from you before the vote.

We have less than two weeks to repair this clunker and rescue Net Neutrality from Genachowski's capitulation. Make sure your voice is heard now.

 

Follow Craig Aaron on Twitter: www.twitter.com/notaaroncraig

 
 
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01:01 PM on 12/23/2010
As a Conservative I must say this is the first issue I have seen that unites both Progressives and Conservatives. We must repeal the FCC's ability to allow for these changes to the internet. Write your congressman and your senators and make sure they hear you! I believe if they hear from both sides of the political spectrum they will be more willing to get busy on changing this attack against free speech! Do it today!
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HUFFPOST SUPER USER
LeLoup
Res ipsa loquitur, ergo tace!
10:43 PM on 12/20/2010
No need to write an opus in 3 volumes about all this saga.

One question will do...How much?

How much will the actual FCC chairman and other commissioners can expect to make when they leave the FCC after selling us out?

After all, Peter Orzsag went to Citigroup while keeping a reputation of "honest man". As we all know, honesty doesn't pay much nowadays. Hence, a lack of honesty at the FCC should entail a higher payout, no?

The critical question stands...How much?
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HUFFPOST SUPER USER
Holly Smoke
Humor is the best defense for absurdity.
09:49 PM on 12/20/2010
We need the majority voters to be independent with lots of independent congressman and senators to restructure and realign our political system for the common people
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09:11 PM on 12/20/2010
Why change it?

It's just fine the way it is currently and has always been implemented.
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HUFFPOST SUPER USER
cybersense
09:41 PM on 12/20/2010
you should read up on the squabble between comcast and netflix. You already know about comcast charging huge fees to dish for broadcasting, and you have already been charged large fees for cable packages you dont' really get to choose. Now we have NBC/Comcast possible merger. (ah, big problems there), now comcast wants to bully it's way on the internet as well. In line, the rest of the internet companies that want a take of the same pie. Meaning, you will have fewer options and more money to pay.
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10:02 PM on 12/20/2010
Why change a good thing because a few large corporations are having a squabble?
01:56 PM on 12/22/2010
The problem is that Major Corporations Want to Change How It Is Implemented, and we want to stop that.
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05:42 PM on 12/22/2010
And I repeat - then WHY change it?
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HUFFPOST SUPER USER
pecosdog
this sht writes itself
08:57 PM on 12/20/2010
Another campaign promise, another lie.
HUFFPOST SUPER USER
Seaborn75
07:45 PM on 12/20/2010
Let me ask this question: If Telecom A decides to block content-- such as websites-- like HP--
As a consumer, why would you keep spending your money with Telecom A? It doesn't make any sense for an ISP to block legal content-- they're content providers--MORE THE BETTER. The whole idea is to create an environment that gives an incentive to upgrade infrastructure to carry MORE content, not less. This isn't 1984. There's no conspiracy. Comcast doesn't care what you're looking at--as long as you're not using their lines to send illegal materials (SPAM, child porn, copyrighted material)-- uh oh, no copyrighted materials?!? Yeah, imagine a world in which artists got paid for their work!
01:58 PM on 12/22/2010
If small businessman Jake Jones has a website for his business and can not afford Comcast's 'toll lane', he loses customers. He need not be a Comcast subscriber himself to be badly affected.
Be Well,
Bob Griffin
HUFFPOST SUPER USER
Seaborn75
07:40 PM on 12/20/2010
Sound the alarm! The Internet is imploding!!! OMG!!!
Ok... apparently, I'm the only person here who feels like net neutrality is short-sighted. As our technology evolves, largest packets of data will be transmitted across our networks. If upgrades are not made to the existing infrastructure, these tech upgrades will remain unused and idle. Telecoms have NO incentive to invest more money into the infrastructure if there's limited returns on an unproven technology. Net neutrality stifles innovation.
If consumers want high-speed delivery of data, they'll just have to wait until it becomes adopted in another country first. OR, they could allow telecoms to benefit from the risks that they are taking.

I'm a liberal. I love free speech. This ruling will not mean that telecoms block content-- it means that they can charge a premium for NEW TECHNOLOGY. Or we can just sit back and watch this internet go the way of newspapers...while other countries bring us the "next thing."
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HUFFPOST SUPER USER
LeLoup
Res ipsa loquitur, ergo tace!
10:46 PM on 12/20/2010
If one allow Comcast to label Netflix a "new technology"...I got a brand new US Robotics modem in my basement to sell to you. I just labeled it "new technology".
HUFFPOST COMMUNITY MODERATOR
vonbek
Forget revolution we need evolution
12:39 AM on 12/21/2010
Um OK they will not block content but if a site doesn't pay for the premium service it will be like using a 56k modem to visit the site. That right American public just roll over like a good dog. We have the worst internet speeds in the world do to the fact that our ISP providers have monopolies in the cities they operate in, when you add in the fact they are also content providers it really gets nasty. Go visit a foreign country, some in Europe have 5 cable providers in one city they pay less for faster speeds. Why is this? because they actually have a free market, not like us AmeriKans who are surrounded by a fixed market monopolies that can charge whatever they want because they are the only dog in town.
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madinpahuff
Domari Nolo
12:12 PM on 12/11/2010
I'll take NO net neutrality .. I DON'T want the FCC involved in ANY MANNER with regards to the Internet. I have NEVER had a problem - no matter how large or small the company may be - surfing the Internet in any fashion. This is only a backdoor approach for our government to get a foothold into the www to begin to censor it. It's a total fabrication that net neutrality is good for the citizens of the US. It will only serve as the first step restricting another one of our RIGHTS. Do not fall for their ploy. This should scare any person who values the remaining freedoms that have been bestowed upon us as citizens of this great nation. Heed my warning. Call, e-mail, write letters to your respective representative in DC and demand action to kill this movement by the FCC. It's only free speech...
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07:43 PM on 12/20/2010
your wrong -- your giving control to ATT comcast to control access, what you can download what applications you can use.
02:04 PM on 12/22/2010
The internet on which you have NEVER had a problem has been net neutral by default.
If net neutrality is not good for the citizens of the US, then if you're a citizen of the US the situation hasn't been good for you ever since you first accessed the internet.
Be Well,
Bob Griffin
HUFFPOST SUPER USER
The Power To Unelect
Corruption Is Destroying The Nation
11:02 AM on 12/11/2010
The corporatocracy controls all media... except the internet.

The Internet is the... VOICE OF THE PEOPLE
The Internet... IS FREEDOM OF SPEECH

The Internet is what the corporatocracy... FEARS MORE THAN ANYTHING.

If the internet is handed over to the corporations... then the VOICE OF THE PEOPLE will be silenced.

SAVE THE INTERNET !
HUFFPOST SUPER USER
Jeff Rosenbury
I love all people -- in the abstract
09:40 AM on 12/11/2010
The lack of net neutrality will regulate the U.S. to being a third world nation. That means unemployment for all (or most anyway).
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Seaborn75
07:41 PM on 12/20/2010
How?
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HUFFPOST SUPER USER
LeLoup
Res ipsa loquitur, ergo tace!
10:51 PM on 12/20/2010
Think!
How would've Amazon or eBay fared if Verizon or Comcast could've extracted tolls and fees as they wished from these two? How about Google, Ala Vista, CMGI, Razorfish, and every business who now have an Internet presence.

Come on man! This is so obvious.

And BTW, why don't you read the financial statements of AT&T and compadres? You'll quickly note they're not exactly hurting much financially speaking...far from it.
HUFFPOST SUPER USER
realitytrumpsbull
Two 'alves of coconut!
07:47 AM on 12/11/2010
I don't know, as of January, they can pretty much shut the internet off for all I care, I'm going to be reducing my internet usage/exposure pretty dramatically as my new year's resolution. Vast digital wasteland...
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ljmck
Stand Up, Show Up, Speak Up
07:29 AM on 12/11/2010
Another broken campaign promise. Another enfeebled agency. We've been sold out. Meanwhile, our corporate citizens and their bought-and-paid-for politicians live happily ever after in their marriage of convenience.

We are owned by politicians, corporations, and the media. We exist to serve their needs, not the other way around.
06:51 AM on 12/11/2010
Fairness Doctrine .... Media ownership... .net neutrality......since Slick Willy the Democrats have nothing to brag about ....caved or just bought off with campaign money...who knows?
10:25 PM on 12/10/2010
Obama is bought off. End of story.

One cannot get elected President in this country anymore without being a corporatist.

If Obama truly WAS the caricature that tea party and Glenn Beck try to portray him as, the oligarchy would have had Blackwater goons JKF him before Inauguration Day.

I'm afraid this country is finished as a republican democracy. We're now a plutarchy/kleptocracy.
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lisakaz2
Da ministero dell'interno di Snark.
11:57 PM on 12/10/2010
Kleptocracy or Crony Capitalist Plutocracy.
12:30 AM on 12/11/2010
Indeed. I like the term plutarchy, which is basically plutocracy plus oligarchy.

Whatever name one chooses, it has gutted our country and sold us all off for scrap.
02:50 AM on 12/11/2010
So true. There is little difference between Reagan, the Bushes, the Clintons and the Obamas.
Obasa had to exit stage left today and let Bill C try to fight a battle for him. But they are fighting a battle for "the the other side".
The attempt to let wireless communication operate under another set of rules from wires is to put technology above the principle of data exchange, which is free speech!
So the "owners' of wireless will control "free" speech. But the FCC's job is to keep the airwaves as the people' s airwaves. At least it's supposed to be.
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HUFFPOST COMMUNITY MODERATOR
lisakaz2
Da ministero dell'interno di Snark.
04:47 AM on 12/11/2010
I know. I didn't want Hillary because I hoped Obama would be a departure. But he isn't.
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Lorianne
ama vitam
10:43 AM on 12/11/2010
You are naive if you thing the FCC is going to protect the people's anything.
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edejan
10:18 PM on 12/10/2010
I've signed so many petitions and letters and emails on this matter, I must be on some sort of government watch list by now. Nevertheless, I'll keep it up in the hope that Genachowski stands up for what he promised. Thanks for the update!!