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Josh Silver

Josh Silver

Posted: May 26, 2010 05:50 PM

Harold Ford's Corporate Crusade Against Net Neutrality

What's Your Reaction:

This week, Harold Ford, Chairman of the Democratic Leadership Council, showed how completely the DLC is captured by industry money, why the US congress is mired in gridlock, and why the government continues to fail to protect the American public: from oil spills to banking crises to mining disasters, and now to the Internet. Big money lobbyists and their puppet politicians' blind abandonment of reasonable government oversight.

Harold Ford is one of those puppets. In his piece, "FCC Re-Designation of Broadband Will Bring Unwanted Market Uncertainty" Ford calls on the FCC to halt their efforts to reestablish the agency's authority over Internet service providers (ISP's) like Comcast and AT&T. As I have described in previous posts, the courts recently ruled that changes made by the Bush-era FCC has left the agency in charge of the nation's communications without authority to oversee the 21st century's dominant communications platform. This would be funny if it weren't reality.

Phone and cable companies are flooding Capitol Hill with cash and an army of lobbyists, including proxies like Ford, who failed to mention in his Huffington Post piece that he is the honorary co-Chair of "Broadband for America", an industry front group that pays him to spin on their behalf.

If the FCC heeds Ford's advice, you can say goodbye to candidate Obama's promises of universal, affordable Internet access and Net Neutrality. You can say goodbye to the level playing field that the Internet has always been: where all content moves at the same speed, no matter who is sending it.

With a broken political system awash in special interest money, Harold Ford is not alone. On Monday, 74 House Democrats signed an industry-written letter that echoes Mr. Ford's line, calling on the FCC to stand down. The letter is so full of misleading information that it's hard to know where to begin. And nearly every Republican in congress is toeing the phone and cable line.

So tell it like it is, Harold Ford. You're choosing the big money from the cable and telco juggernaut over the right of the American people to fast, affordable, universal Internet access. You're ignoring how the US has slipped from 4th to 22nd in broadband speed and adoption. You're ignoring Harvard Berkman Center's findings that regulation promoting competition would serve US consumers well.

Mr. Ford, you said that "Legal and Agency experts are not carefully examining the economic impact will have on investment decision"? But FCC Chairman Genachowski repeatedly stated his intent to ensure investment continued... just read his speech. Over the past few weeks we saw broadband providers themselves telling investors that they had no plans to slow investment in response to the FCC.

Harold, I am looking for the consumers you claim have prospered under the current "light regulatory touch." You mean all of the Americans who are paying more and getting less than in 21 other nations? Prospering more than in France, where you can get broadband, phone and 300 TV channels for $37 a month? By my estimate, Americans are paying about three times more here thanks to your "light regulatory touch" that abandons competition and other key oversight.

Be warned, Mr. Ford, millions of Americans have called for Net Neutrality and universal Internet, and are not content to let shills like you lie to the American people any longer.

Author's note: Several comments below are rehashing industry lies that Net Neutrality is a "government takeover of the Internet." In fact, the opposite is true. Net Neutrality is the long-standing law that says Internet service providers and the government may not block or censor what you do online. Anyone telling you otherwise is lying to you.

 

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This week, Harold Ford, Chairman of the Democratic Leadership Council, showed how completely the DLC is captured by industry money, why the US congress is mired in gridlock, and why the government con...
This week, Harold Ford, Chairman of the Democratic Leadership Council, showed how completely the DLC is captured by industry money, why the US congress is mired in gridlock, and why the government con...
 
 
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HUFFPOST SUPER USER
Jeneba Speaks
12:46 PM on 06/01/2010
Mudslinging aside, it is very clear, Josh, that this letter from Harold Ford is just another swing of the Network Neutrality pendulum in the other direction for Free Press. It was merely a week or so ago that Free Press was claiming victory with the announcement of the Third Approach. All of this is quite entertaining and what is the deal with the rhetoric expressing indignation that this Network Neutrality issue has swung the other direction? Personally, I am amused by it all and have taken a front row seat to watch the show. From my neutral bird’s eye view perspective, it is quite clear that the motivating factor behind Mr. Ford and others who echo the sentiments in his letter are afraid. They are not afraid of the horrific state the Internet will become without Net Neutrality as Free Press’ propaganda portrays. Rather, I trust they are rightfully fearful of how the regulation will impact prices for broadband access. I don’t think it makes sense that in the middle of meeting a Congressional and White House mandate to expand adoption rates, the agency will interject a new untested regulatory paradigm that could wreak havoc on prices.
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HUFFPOST SUPER USER
K377
09:29 AM on 06/01/2010
The Federal Communications Commission is not the end-all, be-all of communications law. While I agree that we need more competition and transparency in the Internet, Congress ultimately gives the FCC its authority to act. Quite frankly, I believe that Congress could do a much better job detailing what the rules should be than the FCC with its lackluster history of accounting for the needs of all stakeholders, including minorities and women. With the rapid change in the communications and technology industry, it is time for Congress to take a fresh look at the Communications Act.
09:00 AM on 05/29/2010
At a time when the American economy is in shambles, it seems unbelievable that the U.S. government would allow lack of regulation to further encumber small businesses and entrepreneurs by limiting their ability to compete with mega-business. Plus, when consumers are so financially strapped as to be losing their homes; when joblessness is at an all-time high, allowing huge companies the ability to increase the current high cost of Internet services seems like lunacy. There are still ways to prevent this from happening, or if necessary to later turn this calamity around. What we need is clear-cut plans for each contingency to save a truly accessible Internet.
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HUFFPOST SUPER USER
Jaime Roth
03:52 PM on 05/28/2010
Sorry to say it because I once respected Harold Ford but he looks more and more like a corporate pimp (or is that lobbyist???) I don't know what he stands for any more and it pisses me off...
05:10 PM on 05/28/2010
I never respected the little chicken hawk punk. He would sell his ethics and butt as the drop of a pin -- or dollar.
11:26 AM on 05/28/2010
Why Net Neutrality -- here's the economic reasoning (though I admit that I am not a great writer)

First and foremost, without NN any government assisted improvement of the broadband infrastructure is a direct government subsidy of a small number of corporations.

The argument is this: End service providers control consumer access. In terms of a Porter 5 force analysis, consumers have little buyer power, end service providers face little inherent competition. Thus, they (end providers) are in a perfect position to regulate (differentiate) among data streams to increase profit.

With little buyer power and little inherent competition, end consumers can exert little influence to encourage the end providers to not differentiate data streams. Thus, the market requires NN to effect uniform and unimpeded access to the net.

A similar situation is the "Company store" of the coal mines of the 1800's where the employees were always in debt to the company -- with no were else to shop, the employees had to shop at the high priced company store and only had access to the goods of that company store.

Not facing competition, the company store could do what ever they wanted with prices. With no buyer power, the company store didn't have to change its practices
11:24 AM on 05/28/2010
Stop and look at all the "superusers" with few fans (how the heck does that work?? -- can you say industry paid for posters).

Look, in a nutshell

Net neutrality started LONG before the Obama administration. The whole premise behind net neutrality is that there should be no preferential treatment of data streams.
That's all it is.
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HUFFPOST SUPER USER
Jeneba Speaks
12:44 PM on 06/01/2010
err...you should look at the Huffpost standard for becoming a SuperUser. The standards aren't that high, friend.
HUFFPOST SUPER USER
AltonEDrew
Managing Director, The Alton Drew Group LLC
10:11 AM on 05/28/2010
Blind abandonment of reasonable government oversight? Forgetting the tenuous arguments against Mr. Ford’s position on net neutrality, net neutrality is far from reasonable oversight. Such a policy will only create negative social costs in the form of reduced availability of services and higher costs.

In addition, Mr. Silver’s interpretation of the United States Court of Appeal’s ruling in favor of Comcast is incorrect. The Federal Communications Commission is still fully in charge of the nation’s interstate communications network. What the FCC is not in charge of, and rightfully so, is how a broadband provider may manage its network.

I agree that for a significant number of people, especially unserved and underserved minority communities, broadband specifically, and the Internet in general, is not affordable. Driving up the costs of network management, however, will not solve the affordability problem.
11:23 AM on 05/28/2010
BS

NO!!!

Net neutrality started LONG before the Obama administration. The whole premise behind net neutrality is that there should be no preferential treatment of data streams.

That's it in a nutshell

why various people (most of which are super users with only 1???? fan -- can we say paid for poster) make different claims is beyond me.
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HUFFPOST SUPER USER
dfranz
With Liberty and Justice for all
09:58 AM on 05/28/2010
Where the heck did Harold Ford come from? The man has to be the most patently transparent self promoter I have seen in a long time. He is everywhere on TV and his phoney blathered homilies often make no sense as he tries to sound like the reasoned diplomat. I get the feeling that the guy will do and say anything to advance his cause, which is being Harold Ford. Fortunately most people see the same thing and he's not actually in office anywhere.
05:11 PM on 05/28/2010
phoney blathered homilies

Yep, that's Harold.
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HUFFPOST SUPER USER
Cetootski
09:41 AM on 05/28/2010
it seems to be a choice between the fcc or the corporations controlling the internet. it's always been the right's gameplan to convince the american people that the government is untrustworthy so they unknowingly support the corporations cause. remember we can always vote out a government official, we cannot vote out a CEO. good or bad i'd go for the government anyday. besides that's what shareholders do, support your company. and we are all shareholders in government.
04:27 AM on 05/28/2010
I believe this"screening" is really "ensorship"under a more polite name! This is called doublespeak!
04:25 AM on 05/28/2010
Do you have the fainteest idea what you're talking about? The reason you haven't heard of anyone not being able to use the internet is BECAUSE of the way we have net neutrality (under the FCC)!! What they want by taking the power AWAY from the FCC is so that the big communications companies (i.e., AT&T etc.) will have precidence over the average American for net access!!!! THEN you will have trouble with access because the lines will be loaded with the big corporations and YOU will be shut out! Whatever your political leanings this will be bad - there will be no more Huffington Post or Daily Koz OR the Drudge Report!
HUFFPOST SUPER USER
einhverfr
Heathen Distributist
01:33 PM on 05/28/2010
The FCC here has not exactly been a great advocate for consumers, however. There's been a movement away from requiring telephone companies to lease their lines to competitors, for example.

The real issue here is what the specifics of a consumer-protection proposal really are likely to be. I think there are better ways forward than mandating that ISP's must treat all data streams the same. I'd rather see a lot more attention paid to bad behavior by ISP's and ensuring that either we do away with the natural oligopoly concept in this area or that we carefully ensure that ISP's use of things like traffic shaping are done in the public interest. That's not "network neutrality" but it solves the same problem (and probably solves it better).
HUFFPOST SUPER USER
einhverfr
Heathen Distributist
07:03 PM on 05/28/2010
"Do you have the fainteest idea what you're talking about? The reason you haven't heard of anyone not being able to use the internet is BECAUSE of the way we have net neutrality (under the FCC)!!"

That's not quite true. I think the FCC, FTC, and DOJ would be likely to step in if a company was trying to specifically block competitors' services. That would be almost certainly civilly actionable by injured parties as well.

But a lot of non-network-neutral stuff goes on at ISP's, including small ISP's. These include traffic shaping (usually setting up a separate queue for P2P protocols and bumping down the routing priority), security scanning services (blocking worms and viruses), etc.

In fact, not too long ago, a spat between two backbone companies DID cause a brief period when a lot of people couldn't get to a lot of web sites.
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HUFFPOST PUNDIT
hgovernick
04:21 AM on 05/28/2010
"Harold Ford is one of those puppets."

Every time I see this guy on "Morning Joe", I think to myself, "What a puppet this guy is." Thank you for expressing this view of Ford, and for explaining Net Neutrality in layman's terms.

Many of us have been on the Internet since the first browser was introduced, and dial-up was the only option for connecting. There were hundreds of search engines, and a dozen of them were at the top of their game. Anyone could list their web site for free on these search engines, and you would never see an advertisement. This is one of the reasons one of my web sites is among the top three returned on the remaining top search engines.

It's like everything in this country. Bait and switch. When "pay television" first made its debut in this country, there was outrage from many of the citizens here. "Why should we pay for something we get for free?!" But the providers promised that because we were paying, there would be no need for commercials. HA! What a joke. And now, there's not analog television left for the poor who can't afford a converter box.

Capitalism - another name for Greed With Cancer.
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SageSpencer
Angel brought Him the leaden heart & the dead bird
02:09 AM on 05/28/2010
@ einhverfr
“The real solution is to pass laws stating that anticompetitive routing of traffic should be a violation of law.”

Anticompetitive routing of traffic should be a violation of law – Agreed.

@iblogleft

“Examining data packets for content, then determining how that content is relayed is quite another. “

Agreed.
HUFFPOST SUPER USER
einhverfr
Heathen Distributist
01:37 PM on 05/28/2010
One thing about data packet examination is that if it's done in the customer interest, I have no problem it it (for example to block viruses/worms). If it's not done in the customer interest, then that's a major problem. I would like to see folks better able to sue ISP's over this sort of thing if it happens.
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SageSpencer
Angel brought Him the leaden heart & the dead bird
12:50 AM on 05/29/2010
Who determines customer interest though einhverfr?

IF and that's a big IF, I could be convinced that data packet examination is okay...I would want any DPI that is beyond the realm of a court order to be spelled out in law...very clear law!
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HUFFPOST SUPER USER
Guitanguran
11:18 PM on 05/27/2010
Do you want an unaccountable entity like the FCC to determine what is 'universal', how much is 'affordable' and how 'neutral' its influence will be on the Internet?

I don't.

What is it with you progressives that think that government policy makers are made of so much better stuff than us mere mortals of the Great Unwashed, that we should blindly follow whatever decision comes down from on high?

Unlike a company that can be curbed from its abuses, a government regulator's abuses have no such mechanism to protect us from their over-reaching their authority.

You would rather give your freedom to choose away?



I've yet to run into somebody who didn't have access to the net if they wanted it.
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Joe Brothers
Sept. 12, 2009 "We the
12:05 AM on 05/28/2010
"I've yet to run into somebody who didn't have access to the net if they wanted it." Hmmm..a better comment would have been "I've yet to run into somebody who didn't have access to the net if they couldn't afford it." BTW, I will put my trust in the FCC to give us, the Great Unwashed, Internet freedom rather than a multi-national corporation who stands to profit from taking away our Internet freedoms. "Give me Internet freedom or give me death" - Stop the corporations from taking away our freedoms!
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HUFFPOST SUPER USER
Guitanguran
07:19 AM on 05/28/2010
That uh, Constitutional amendment for blazing fast super cheap internet service, where can I find it?
This user has chosen to opt out of the Badges program
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12:37 AM on 05/28/2010
If the FCC supports Net Neutrality and keeping the throttle out of the ISP's, Cable or Telcom's hands,

I AM ALL FOR IT.
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HUFFPOST SUPER USER
Guitanguran
07:20 AM on 05/28/2010
Well, they certainly have you right where they want you.

The FCC's people are from the 'better people' store?
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HUFFPOST SUPER USER
rstewart3
11:14 PM on 05/27/2010
I am wondering when we got "the right of the American people to fast, affordable, universal Internet access." I wonder what other rights I am missing out on.
This user has chosen to opt out of the Badges program
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12:36 AM on 05/28/2010
The right to be banished ?
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HUFFPOST SUPER USER
rstewart3
12:44 AM on 05/28/2010
Not sure if that would fall under a right I would have, versus a right someone else with higher authority than I has over me.
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HUFFPOST PUNDIT
Dnietz
politics is obsolete
01:47 AM on 05/28/2010
It is called the right to live without corporate monopolies controlling our resources, goods and services.
HUFFPOST SUPER USER
einhverfr
Heathen Distributist
01:50 AM on 05/28/2010
So we should get rid of the monopolies......
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HUFFPOST SUPER USER
rstewart3
12:47 PM on 05/29/2010
So, we let the government control the resources, goods, and services? In what way have we improved the stystem then? You still have a small group controlling these things and distributing them to the masses. One does it for money, one does it under the guise of "what's good for the masses". No real win/win here.

Remember, while we elected our President, we don't elect those he appoints to run these organizations, and the next President doesn't have to remove them.