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James Rucker

James Rucker

Posted: January 28, 2010 04:35 PM

Why Are Some Civil Rights Groups and Leaders On the Wrong Side of Net Neutrality?

What's Your Reaction:

It's said that politics creates strange bedfellows. I was reminded how true this can be when I traveled to D.C. in recent weeks to figure out why several advocacy groups and legislators with histories of advocating for minority interests are lining up with big telecom companies in opposition to the FCC's efforts to pass "Net Neutrality" rules.

Net Neutrality is the principle that prevents Internet Service Providers from controlling what kind of content or applications you can access online. It sounds wonky, but for Black and other communities, an open Internet offers a transformative opportunity to truly control our own voice and image, while reaching the largest number of people possible. This dynamic is one major reason why Barack Obama was elected president and why organizations like ColorOfChange.org exist.

So I was troubled to learn that several Congressional Black Caucus members were among 72 Democrats to write the FCC last fall questioning the need for Net Neutrality rules. I was further troubled that a number of our nation's leading civil rights groups had also taken positions questioning or against Net Neutrality, using arguments that were in step with those of the big phone and cable companies like AT&T and Comcast, which are determined to water down any new FCC rules.

Most unsettling about their position is the argument that maintaining Net Neutrality could widen the digital divide.

First, let's be clear: the problem of the broadband digital divide is real. Already, getting a job, accessing services, managing one's medical care--just to mention a few examples--are all facilitated online. Those who aren't connected face a huge disadvantage in so many aspects of our society. Broadband access is a big problem -- but that doesn't mean it has anything to do with Net Neutrality.

Yet some in the civil rights community will tell you differently. They claim that if broadband providers can earn greater profits by charging content providers for access to the Internet "fast lane," then they will lower prices to underserved areas. In other words, if Comcast -- which already earns 80 percent profit margins on its broadband services -- can increase its profits under a system without Net Neutrality, then they'll all of a sudden invest in our communities. You don't have to be a historian or economist to know that this type of trickle-down economics never works and has always failed communities of color.

Whether the phone and cable companies can make more money by acting as toll-takers on the Internet has nothing to do with whether they will invest in increased deployment of broadband. If these companies think investing in low-income communities makes good business sense, they will make the investment. Benevolence doesn't factor into the equation.

On my trips to Washington, I met with some of the groups and congressional offices questioning or opposing Net Neutrality. I asked them what evidence they had to back up claims that undermining Net Neutrality would lead to an expansion of broadband to under-served communities, or that preserving Net Neutrality would thwart expansion. Not one could answer my question. Some CBC members hadn't yet been presented with a counter to the industry's arguments; others told stories about pressure from telecom companies or from other members of congress. As one CBC staffer told me, many CBC members have willingly supported the business agenda of telecom companies because the industry can be counted on to make campaign contributions, and they face no political backlash.

I also heard from people who don't consider themselves against Net Neutrality, but who say their issue is prioritizing broadband expansion over maintaining Net Neutrality--as if the two have some intrinsic competitive relationship. When I've asked about the relationship, again, no one could provide anything concrete.

To those taking positions against Net Neutrality, I ask what sense it makes to undermine the very power of the Internet, especially for our communities, in order to provide access to everyone, presuming for a second the two were even connected. It's like what we have with cable -- our communities are saturated with programming that they cannot control, with no benefit of empowerment for anyone. Again, no one with whom I talked had an answer to this point.

Thankfully, there are an array of grassroots, media and social justice organizations that have not followed this line of reasoning and are actively supporting Network Neutrality, such as the Center for Media Justice and the Applied Research Center. Black and brown journalists and media groups who understand the need for unconstrained expression on the part of our communities are on the same page as well: the National Association of Hispanic Journalists, UNITY: Journalists of Color, the National Association of Latino Independent Producers, the National Association of Black Journalists, and the National Hispanic Media Coalition have all been vocal supporters of Net Neutrality.

Prominent lawmakers, including CBC members Reps. John Conyers, Maxine Waters, and Donna Edwards are vocal supporters, as are House Speaker Nancy Pelosi and President Obama -- who has pledged to "take a back seat to no one" on the issue. And last week, Mignon Clyburn, a commissioner at the FCC, called out advocacy groups entrusted by many to represent our communities, for making half-baked arguments that completely miss the boat on the importance of Net Neutrality to our communities.

As Clyburn pointed out, far from being just a concern of the digital elite, Net Neutrality is essential to what makes the Internet a place where people of color and marginalized communities can speak for ourselves without first asking for permission from gatekeepers, and where small blogs, businesses, and organizations operate on a level playing field with the largest corporations. Net Neutrality regulations are needed to protect the status quo, because the telecom industry sees an opportunity for profit in fundamentally altering this basic aspect of the Internet.

In the coming weeks I plan to head back to DC to continue to fight for Net Neutrality. I'm hoping that on my next trip some of the anti-Net Neutrality civil rights groups or CBC members will heed my call and explain their position. I would like to believe that there is more to the "civil rights" opposition to Net Neutrality than money, politics, relationships, or just plain lack of understanding. For now, I'm doing my best to keep an open mind. But I don't think it will stay that way for much longer.

 
 
 
 
 
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Malkia A. Cyril
03:58 PM on 02/15/2010
I am so glad this article has been published. It's time to raise the question of how the civil rights community is or is not representing people of color in the fight for digital inclusion. Thanks for posting this! For more information on this issue, please check out: http://www.huffingtonpost.com/malkia-a-cyril/a-new-civil-rights-mandat_b_462110.html
02:10 PM on 03/13/2010
Walter Williams
George Mason University on rights:
"True rights, such as those in our Constitution, or those considered to be natural or human rights, exist simultaneously among people. That means exercise of a right by one person does not diminish those held by another. In other words, my rights to speech or travel impose no obligations on another except those of non-interference. If we apply ideas behind rights to health care to my rights to speech or travel, my free speech rights would require government-imposed obligations on others to provide me with an auditorium, television studio or radio station. My right to travel freely would require government-imposed obligations on others to provide me with airfare and hotel accommodations.
For Congress to guarantee a right to health care, or any other good or service, whether a person can afford it or not, it must diminish someone else’s rights, namely their rights to their earnings. The reason is that Congress has no resources of its very own. Moreover, there is no Santa Claus, Easter Bunny or Tooth Fairy giving them those resources. The fact that government has no resources of its very own forces one to recognize that in order for government to give one American citizen a dollar, it must first, through intimidation confiscate dollars from other Americans. If one person has a right to something he did not earn, of necessity it requires that another person not have a right to something that he did earn."
02:10 PM on 03/13/2010
To argue that people have a right that imposes obligations on another is an absurd concept. A better term for new-fangled rights to health care, decent housing and food is wishes. If we called them wishes, I would be in agreement with most other Americans for I, too, wish that everyone had adequate health care, decent housing and nutritious meals. However, if we called them human wishes, instead of human rights, there would be confusion and cognitive dissonance. The average American would cringe at the thought of government punishing one person because he refused to be pressed into making someone else’s wish come true.
None of my argument is to argue against charity. Reaching into one’s own pockets to assist his fellow man in need is praiseworthy and laudable. Reaching into someone else’s pockets to do so is despicable and deserves condemnation.
09:43 AM on 02/09/2010
I challenge you and all of our fellow progressives to trust that civil rights organizations in and of our community know how to act in their best interests. The time has passed where we, as African Americans, need permission to state our viewpoints. No, we will not always agree, but you must check that paternalistic tone that implies that civil rights advocates don’t understand our communities’ needs or that high tech Internet experts can state our needs better than we can ourselves.

We are telling you that we need 100% broadband deployment and adoption yesterday, and that’s not soon enough. Anything else is secondary.
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Garlin II
National Campaign Director, MoveOn.org
10:56 AM on 01/31/2010
The position taken by James is in lockstep with anyone who truly believes that every person has the right to authentic expression.

The reason we are seeking regulation to network neutrality is because telecoms have flexed their monopoly muscles to pick low-income people + people of color as losers in the Internet access lottery.

The core of the telecom argument against net neutrality, which is in turned echoed verbatim by many civil rights organizations, is that regulation will prevent them from investing in communities who today are unable to affordably access the Internet. This position is nonsensical because failing to create regulation means the status quo remains, which means people will continue to be excluded from Internet access.

There is another component to this that is in line with the values of civil rights organizations: Internet Freedom. The other casualty of non-neutral networks will be the ability of every person to express themselves online and give their ideas the opportunity to flourish. Telecom companies are planning to place Jim Crow-esque poll taxes on content they deem unfit for higher-speed, higher-quality Internet connections. This assault on the freedom of speech and expression by private interests is as wrong now as it has ever been. Instead of aligning with companies who have such intentions, these organizations should consider aligning with those who'll be vicitimized.
12:37 AM on 01/31/2010
Thank you Mr. Rucker for all the work ColorOfChange has done to give communities of color a political voice.

And thank you for this column.

It is outrageous that civil rights groups are against Network Neutrality. It’s actually kind of shocking. The idea that civil rights groups could support corporate giants over what’s best for the community seems to totally contradict their mission.

I first heard about the issue of Network Neutrality from my friends. But I learned more about it during the Obama campaign. I watched Obama on YouTube expressing his support for Network Neutrality . He was concerned with the goal of corporate gatekeepers to charge people more to make sure their sites are accessed by the public at faster speeds.

The idea that civil rights groups oppose the Obama administration’s promise to protect a basic internet freedom is troubling and needs to be challenged. Thank you for doing that and for shining a light on this issue.
07:54 PM on 01/30/2010
Like all things, there are two sides to every story, and if you look closer, you’ll see that there is nothing neutral about this type of Internet regulation.  There are winners and losers.
07:27 PM on 01/30/2010
I agree, “net neutrality” sounds nice, and pretty, and kind, and flowery and admirable…but you have to look beyond the title and drill down to the effects of the policy. That’s all the civil rights and minority leaders have been doing—looking at the potential impact of the policies, not just falling in lock step with the corporate interests that are principally concerned with their bottom line.
06:56 PM on 01/30/2010
This is what I don’t get about net neutrality -- poor people and low-volume users should not be asked to subsidize the higher costs of use for other folks.  What’s wrong with a creative business model that allows people to occupy the same Internet space, but pay relative to their use? It’s like my electricity in my apartment, or the heat, me and my neighbor have the same amount of access, but I pay for the energy that I consume, not the energy that me, my neighbor and the lady down the hall consume.
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AltonEDrew
Managing Director, The Alton Drew Group LLC
06:03 PM on 01/29/2010
Considering Color of Change’s first-rate advocacy over the years and its commitment to representing the interests of the underserved, I have to admit that I’m somewhat surprised at the tenor and tone of this post. While we may agree to disagree over the impact that net neutrality could have on increasing the digital divide, I would have expected a stronger argument than the ‘some civil rights groups and minority leaders are in step with big phone and cable companies’ approach. Seriously?

The position that you champion is in lock-step with Google, which might I add has a larger market share than any American Internet providers combined. Google controls 72% of the search engine traffic and has the capability to filter content at the drop of a dime (remember that CNBC special a few weeks back –Inside the Mind of Google) and they have created their entire business model on that very practice. Contrary to what you may represent, your view is one that supports the largest monopoly interest involved in this whole net neutrality debate.

Alton Drew
The Alton Drew Group
www.altondrew.com
Chris Rabb
Founder, Afro-Netizen
10:09 PM on 01/31/2010
Alton

I'll assume you're not Glenn Beck's lapdog, if you accept that not everyone who supports net neutrality is a Google automaton (or who believes NN is a panacea).

http://gawker.com/5387076/glenn-beck-net-neutrality-is-marxist-plot
05:14 PM on 01/29/2010
I really do take issue with the assertion that there is something wrong with the groups and individuals who take pause before blessing “net neutrality” as the magic elixir that cures every ailment from dandruff to cancer.  Look at the FCC’s track record—they haven’t handled minority inclusion well in decades.  They failed to include any provisions protecting or even acknowledging MBEs and SDBs in the preliminary drafts of the National Broadband Plan, and they still have not made any moves towards enforcing the diversity in advertising rules that they created over TWO YEARS AGO. As an aside, despite the billions of dollars that were made available through the Broadband Stimulus funds, to date, not a single penny was awarded to a minority interest.  That said, why are you so confident that the FCC and the federal government will get net neutrality right?  We’ve experienced wonderful gains in online opportunities when competition has motivated all the players to act right in accordance to the needs and wants of consumers.  This is the same model that has made Color of Change so successful. What makes you think that model is suddenly flawed and that government intervention is right or appropriate or that it will really fix anything?
07:49 PM on 01/28/2010
Thanks to the ColorOfChange community and all the great work you are doing to save net neutrality. This is an important blog post and should be cross-posted widely.
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ForVivi
Another button, another buttonhole.
07:13 PM on 01/28/2010
The internet has empowered minorities and low income people. It probably contributed in a big way towards electing Barack Obama President.

I can understand why the same groups who have been the oppressors want to strike out net neutrality....

Thanks to internet wide access, voices are being heard who have been ignored before (for instance, Hispanic groups pressured CNN to get rid of Lou Dobbs).

Thanks to all who are working for net neutrality and may the force be with you!
06:07 PM on 01/28/2010
Very good - and very accurate - contribution to the discussion on the issue of people opposing what is in their best interest. Here is a position paper I wrote on the value of net neutrality to low-income urban and rural communities - http://www.publicknowledge.org/node/2767. As an African American, I feel these national organizations and political leaders are woefully out of touch with those of us they say they represent on this issue.
04:45 PM on 01/28/2010
Thanks for a thoughtful contribution on a technical subject.

The arguments against Net Neutrality (it's a government takeover of the internet!!) seem suspiciously like the health industry's disinformation campaing about healthcare reform.
05:11 PM on 01/29/2010
I really do take issue with the assertion that there is something wrong with the groups and individuals who take pause before blessing “net neutrality” as the magic elixir that cures every ailment from dandruff to cancer.  Look at the FCC’s track record—they haven’t handled minority inclusion well in decades.  They failed to include any provisions protecting or even acknowledging MBEs and SDBs in the preliminary drafts of the National Broadband Plan, and they still have not made any moves towards enforcing the diversity in advertising rules that they created over TWO YEARS AGO. As an aside, despite the billions of dollars that were made available through the Broadband Stimulus funds, to date, not a single penny was awarded to a minority interest.  That said, why are you so confident that the FCC and the federal government will get net neutrality right?  We’ve experienced wonderful gains in online opportunities when competition has motivated all the players to act right in accordance to the needs and wants of consumers.  This is the same model that has made Color of Change so successful. What makes you think that model is suddenly flawed and that government intervention is right or appropriate or that it will really fix anything?
08:10 PM on 02/02/2010
"We’ve experienced wonderful gains in online opportunities when competition has motivated all the players to act right in accordance to the needs and wants of consumers". Sure, but most communities have two broadband providers. That's not much of a competition. When the free market fails, government has to step in.