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Timothy Karr

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Saving the Democratic Internet

Posted: 11/09/11 07:03 AM ET

Opponents of the open Internet like to portray its guiding rule, Net Neutrality, as "a government takeover of the Internet."

They argue that from the day of its inception the Internet has existed free of regulation -- a perfect expression of the marketplace at work.

What they don't understand is that the Internet is a far better expression of democracy, and as such needs rules like Net Neutrality to ensure all users have equal access to online content.

And in reality the Internet as we now know it would never have existed were it not for rules and regulation, beginning with the openness standards created by the Internet's founders some 40 years ago, codified in the Telecommunications Act of 1996 and updated in recent orders by the Federal Communications Commission.

Internet users often take these rules for granted. We expect to access all websites without interference. We can visit our nephew's blog as easily as we can CNN.com.

But our ability to connect doesn't happen in a vacuum; Net Neutrality protections are responsible for making these freedoms common to everyone.

This could change, however, if corporate Republicans get their way in the Senate this week. Sen. Kay Bailey Hutchison of Texas is planning a Thursday vote on a "resolution of disapproval" that would void the FCC's 2010 Open Internet order and strip the agency of any authority to stop corporations from taking control of the Internet from users.

Washington Doublespeak

Sen. Hutchison, who has AT&T's corporate headquarters in her back yard, has long carried water in Washington for the phone and cable lobby. Her resolution couldn't come at a worse time for Internet users. These companies are pushing plans to prioritize certain kinds of online and mobile traffic while downgrading the sites, applications and services that the rest of us may want to use.

But when speaking last week about the resolution, Sen. Hutchison got it backwards. The Internet "has created new products, new services, because it is open, because there hasn't been a gatekeeper," she said, adding that she introduced the Senate resolution because it's good for Internet users like you and me.

Come again? Sen. Hutchinson seeks to keep the Internet's gatekeepers at bay by forcing through a measure that would allow companies like AT&T and Comcast to block traffic without consequences.

The hypocrisy is as thick in the House, where resolution proponent Rep. Marsha Blackburn recently said the Open Internet rules are akin to the FCC "building an Internet Iron Curtain that will restrict more of our freedom."

Did you get that? According to Rep. Blackburn supporters of the open Internet are Soviet-styled Communists, hell-bent on walling off the Web and silencing your voice.

Such is the doublespeak that emanates from Washington these days. If senators pass this week's resolution, their digital ignorance will become a problem for the rest of us, which is why Internet users need to protest the resolution with full force.

The Internet Wrecking Ball

The phone and cable companies behind this scheme have long sought to take a wrecking ball to the Web's democratic foundation. In their thinking they need to destroy the Internet to rebuild it to better serve their bottom lines. The needs of the rest of us are just an afterthought.

And concerns about blocking are not limited to access to websites, and they are not hypothetical. In 2007 Comcast was caught red-handed blocking people seeking to share files using the popular BitTorrent platform. That same year, Verizon Wireless rejected NARAL Pro-Choice America's request to send text messages over its network, claiming them to be "unsavory" and "controversial." While Verizon soon reversed this decision, its attorneys still assert the company's right to block text messages at will.

Today, mobile carrier MetroPCS is touting a plan that bans all other video services on mobile devices in favor of YouTube. Other carriers are lining up payment schemes that will conceal whole sections of the Internet behind paywalls.

As more people use the Internet for all things media, Internet providers have massive financial incentives to make sites and services pay a premium to reach their users, and to make their users pay extra to experience the entire Internet. And with most Americans having two or fewer options for broadband in their respective markets, there's not enough competition to hold these companies in check.

Congress should not pass a resolution that lets a few wealthy corporations get away with hijacking our online rights. The open Internet is far too important to the rest of us.

 

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Timothy Karr
Free Press Campaign Director. Follow @TimKarr
01:48 PM on 11/10/2011
Important update: The Senate just voted down this dangerous resolution of disapproval. This is the first time we've had to get the Senate on the record with regard to Net Neutrality and a majority (52 to 46) took a stand in support of openness -- voting against this brazen effort to hand control of the Internet to phone and cable companies.
10:26 AM on 11/10/2011
Why isn't the public being informed about this important issue in the media. The MSM is too busy telling us about Michal Jackson, Lindsay Lohan, Justin Bieber, Kim Kardashian etc. etc. to truly inform us of the important political issues affecting our lives. Perhaps, it is because the MSM media is owned by Viacom, Sony, Disney, Time Warner who all have a vested interest in keeping this issue hidden from average citizens.
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whoknew222
I learn something new every day.
03:59 AM on 11/10/2011
There are a lot of loose ends to this proposition. Or maybe more like loose cannons. What ever happened to the right to free speach? And what is free about the internet anyway? It is a service provided to people who pay to read and pay to advertise. Sure, it's free at the library, but the library PAYS for it.
Perhaps the widespread availability of knowledge, educational persuit and opinion is intimidating? I can understand censoring to a point, child porn, abusive or deliberately provoking comments, completely erronous information, etc, but limiting what in effect, is akin to the newspaper, albeit the largest newspaper in the world, is way beyond those boundaries. I would think that such censorship should be at the discretion of the publishers, editors and monitors, not politicians or companies that strive to monopolize. I know that in some countries access is limited, but that is due to technology not being available yet, but if one has the means it IS available.
If something like this comes to fruition they may as well burn the constitution as it's purpose in regard to individual's rights will become moot. Is this debate's intention is to create tension between opposing parties or is it simply to generate more revenue? If so, it will surely ignite either fire. Now my opinions and affiliations, (even if they may be unknown even to me at times), undecided, misconstrued or misinterpreted by whomever has that power will determine I am not worthy?
10:06 PM on 11/09/2011
These damned Republicans don't give up. They're hell bent on destroying everything democratic and turning every advantage for the top 1%.
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wildbill654
information/misinformation age?
06:53 PM on 11/09/2011
Ignorance, arrogance, special interests and PAC's are the bane of the public and all are realated to those that we elect to represent us. There should be controls on the internet, but only in the areas of security and public safety, and the latter is better served by the users reporting abuse to service providers.
Perhaps there is some kind malaise affecting the brains of those that we send to the Senate, as along with what I read in this blog, there is a movement afoot to allow States the collection of cross traffic sales taxes on internet purchases. I guess our dear Senators are not aware that there is an economic situation in which there is a slight degree of job shortages and this move will only create more. That must have their heads in a dark place. Such a move would close many small start ups to close and the larger operators to charge more as both would straddled with large bookkeeping costs required for compliance. This in turn would cut profits at Fedex, UPS and probably put the post office into insolvency.
One has to wonder why we give Senators a 6 year term and Contgress only 2?
06:39 PM on 11/09/2011
Why does Marsha Want Congress to Regulate the Internet? Why not just say NO FEDERAL branch (the FCC and congress and the federal courts included) has any authority to decide or rule on any aspect concerning the Internet?

BUT Marsha Blackburn did Vote FOR: Patriot Act Reauthorization, Electronic Surveillance, Funding the REAL ID Act (National ID), Foreign Intelligence Surveillance, Thought Crimes “Violent Radicalization and Homegrown Terrorism Prevention Act, Warrantless Searches, Employee Verification Program, Body Imaging Screening, Patriot Act extension; and only NOW she is worried about free speech, privacy, and government take over of the internet?

Marsha Blackburn is my Congressman.
See her “blatantly unconstitutional” votes at :
http://mickeywhite.blogspot.com/2009/09/tn-congressman-marsha-blackburn-votes.html
Mickey
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ez14livin
03:45 PM on 11/09/2011
i finally understand the GOP support of Herman Cain: black is white
02:23 PM on 11/09/2011
GOV DOESNT NEED MORE CONTROL, WE NEED MORE COMPETITON AND MORE PROVIDERS.
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xscd
Bemoaning the endangered GOPosaur
01:35 PM on 11/09/2011
This issue is not about controlling or not controlling the Internet. It is about whether the government or big business controls the Internet. When what's good for big business is also good for everyone else, that's great. When what's good for big business is not good for everyone else, that's bad. Since the Internet is going to be controlled in any case, I personally would rather have it controlled by the government than private business which is focused solely on profit.
02:25 PM on 11/09/2011
But what about the current situation where Congress IS controlled by big business. I agree with your theory, but the reality of how Congress persons are now elected is such that HUGE corporations are running the government.
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whoknew222
I learn something new every day.
04:11 AM on 11/10/2011
I include the money that Hollywood, which, I realise is big business, generates also. Seems they are all joined at the hip.
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xscd
Bemoaning the endangered GOPosaur
10:01 AM on 11/12/2011
Yeah, unfortunately your point is a good one. We need to tear away big-business's tight grip on our Congress and government.
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antipodal2u
Just say NO to hypocrisy
12:52 PM on 11/09/2011
How does any sane, rational person vote republicant? Mind-boggling
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HUFFPOST SUPER USER
firewired
Compared to what?
01:54 PM on 11/09/2011
Lesser of two evils?
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HUFFPOST SUPER USER
Nighthawlk
11:20 AM on 11/09/2011
I have nothing to add other than I posted that this was going to happen some time ago. Congress better hope that it doesn't pass. There will be appeals to rectify the oppressive law. If that fails........ there will be a serious back lash and likely a new government.
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HUFFPOST COMMUNITY MODERATOR
iEye
Captain
10:44 AM on 11/09/2011
It is crazy and irrational to ask the censorship agency (the FCC) to step in to prevent censorship that isn't happening.

Just as a reminder of this agencies history, George Carlin: http://www.youtube.com/watch?v=lC4DHGBo01Q

And the Telecommunications Act of 1996 was also intended to prevent the takeover of radio. Since then, the industry has only been further consolidated. http://www.stopbigmedia.com/files/radio_ownership.pdf

That is what happens when you ignore the law of unintended consequences. How about we don't let the same thing happen to the internet.
11:05 AM on 11/09/2011
This censorship is not happening BECAUSE of the FCC, the heads of the major ISPs have said that they want to restrict your access to content, and I, for one, think that it is the government's place to prevent that from happening
10:34 AM on 11/09/2011
Leave the internet along. I read this morning where China's about to enter the phone bussness in America. That's all we need, China with the power to control the internet in America.
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whoknew222
I learn something new every day.
04:44 AM on 11/10/2011
China has been in the phone business in America for quite some time already. These corporations diversify their interests enough to confuse investors. I learned this due to buying penny stocks and consequently solicited to use what is now a phone service offshoot called Voip, at that time was similar to magic jack but with a no contract monthly fee. They recently separated that service from other parts of it's actual industry. What remains of Voip is now IICN and if you look it up in nasdaq there are none of the usual specifics as to what they actually are doing. No annual reports, company profiles, financial accountings, etc. Originally they were said be striving to establish voice over internet protocal, thus VOIP, and represented that they were building resourses to provide internet services in China such as we have at Borders, Starbucks and like places that have wireless available to patrons, as the internet was purportedly not available to individuals like it is here. I haven't researched the "new" Voip as to where they say they are based but I do know that it was china stock at the time I was interested in investing small amounts of money to subsidise companies that seemed to have potential. The way they split the voip off of the original company there has been little no increase in stock value and one would have to puchase separate shares in Voip if they wanted to invest like I THOUGHT I was doing.
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whoknew222
I learn something new every day.
05:46 AM on 11/10/2011
China has been in the phone business in this country for quite some time now. Voip was/is a China based company that sold penny stocks at least 10 years ago under the guise of establishing "voice over internet protocal", (thus the VOIP), to be available to people in China via what is similar to Wifi or Skype and my understanding was that there was no individual internet sevice available there at that time like we have here. It was purportedly going to be used by people there at places such as Starbucks, Borders and the like. Those penny stocks now belong to a company called IINC and Voip is an offshoot of that company and it's own seperate entity. They established Voip in America, shortly after I learned of the company, and lately the company name changed to IINC and the stock value stayed the same, even though the original investors were lead to believe they had shares in what is now Voip, yet they do not.
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Martha Fair
Professional RepubliBilly Factchecker
09:39 AM on 11/09/2011
as usual, when something important comes up like this one..just like during the Citizen's United ruling by the Supreme Court, the Republicans are forcing their agendas through while the rest of the nation is not paying attention. You probably won't see anything about this ruling till it's already a done deal because that's how the Republicans roll. I commend you for bringing this to our attention. Occupy the media and press first, because this is what the 1% and their lemmings have the most control over and also why we should remain alert and informed. Thanks!
09:22 AM on 11/09/2011
Contrary to your assertions, the Internet marketplace has grown organically and mainly through voluntary agreements. The evolution of technology, industry best practices (which you note), consumer education tools, competition and minimal consumer welfare backstops have embedded the Net into our way of life. These "open source" tools have done so without mandate or coercion by government mandate, which interferes with the private property of network providers. Sadly, the very regulations you cite - Net neutrality - would stunt this amazing success. Moreover, it binds all in the ecosystem to government-approved innovation, an oxymoron if ever there was. Conjecture, based on 4 specious examples of "Net blocking" out of trillions of packets flowing over the Net (daily), will not serve to grow the Internet, nor keep voice free and freely trafficking over private property. It will achieve the opposite.
12:14 PM on 11/09/2011
"Contrary to your assertions..." Um, Straw Man much? Where did Tim Karr say the internet marketplace grew inorganically and through government-binding agreements? Oh right, he didn't.
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StevenWells
Objects in the avatar are larger than they appear
12:44 PM on 11/09/2011
"... will not serve to grow the Internet, nor keep voice free and freely traffickin­g over private property. It will achieve the opposite."

If your prediction were accurate, it would already have happened, and would have done so before 2005. Until Aug of that year, the FCC had regulatory authority over service providers under Title II classification. The limits of the newly-reduced authority under Title I were tested in the Comcast case, which was only ruled on last year, and after which Chmn Genachowski issued a notice of intent to restore Title II classification. In an attempt to head this off, providers entered into a series of negotiations with the agency which resulted in the agreement the Hutchison resolution would overturn.

During this period, providers have, for the most part, continued to act as though neutrality rules still existed, lest they force the FCC's hand. I'm happy with the open access to net communications as it developed under Title II. With removal of authority over providers given Congressional imprimatur for the first time, we'd be moving into territory uncharted for net communications, but well-traveled for cable TV. I don't care to have my online access at the mercy of the same kind of tiered service and take-it-or-leave-it menu imposed by my TV provider.
03:22 PM on 11/09/2011
The Internet did not begin to explode in growth - or take the shape that we now know and love - until the FCC said that information services provided by telecom companies was something they couldn't regulate as a common carrier service (Title II). This (lack of) regulatory approach set off the battle that fueled tremendous growth and development. consequently, providers have observed net neutrality without mandate, to amazing effect. The present net neutrality rules are not solely binding on network providers, however. They hamstring the entire ecosystem - i.e., none on the edge (like Apple or Google, or the next great garage app) may innovate with network providers to deliver better service if any measure of discrimination / prioritization is apparent. Using the FCC's specious new authority, just about anything that touches or affects the Internet can be regulated. Privacy and security are the next angles. And, it will not remain at the network provider level, as recent FCC congressional testimony indicates. Thing is, there's enough authority in government to prevent anti-competitive abuse without the regulations. Sadly, if the regulations remain, they will be abused. As a representative from one public interest group recently noted "The FCC's regulations are a good start." That's right. A new baseline.