Technology -- Preserving The Open Internet

October 30, 2009

by Faiz Shakir, Amanda Terkel, Matt Corley, Benjamin Armbruster, and Zaid Jilani

TECHNOLOGY

Preserving The Open Internet

With the way the Internet is structured right now, it is just as easy for Americans to visit a tiny website about knitting run by a young mother in Ohio as it is to visit a site run by the federal government or a major corporation. This feature is part of the reason that in 1999, John Chambers, president and CEO of networking giant Cisco, called the Internet the great "equalizer between people, companies, and countries." But powerful interests in the telecom and cable industries, along with their conservative allies on Capitol Hill and in the media, are trying to create a pay-for-play system where companies able to shell out large amounts of money would have the power to make their sites run faster. If they succeed, they will change the lives of 40 million Americans who use the Internet as their primary source of news and information. (Here's what that could look like.) Craig Newmark, founder of Craigslist, has explained what would happen if U.S. communications served the interests of broadband providers, rather than the public: "Imagine if you tried to order a pizza and the phone company said AT&T's preferred pizza vendor is Domino's. Press one to connect to Domino's now. If you would still like to order from your neighborhood pizzeria, please hold for three minutes while Domino's guaranteed orders are placed." The solution to preserving the openness of the Internet is net neutrality, supported by the Federal Communications Commission (FCC), prominent federal lawmakers, consumer groups, and the "geeks" who helped build the Internet. The coalition has even attracted unlikely allies such as the Christian Coalition and Gun Owners of America. But Sen. John McCain (R-AZ) is trying to help telecoms and the cable industry make their destructive dream a reality. He recently introduced the inaptly-named "Internet Freedom Act," arguing that rules preserving net neutrality would be a "government takeover of the Internet." Join the tens of thousands of people who have spoken out in favor of a free and open Internet by taking action here.

PRINCIPLES FOR AN OPEN INTERNET: Last week, the bipartisan group of FCC commissioners unanimously voted to design regulations to preserve the open architecture of the Internet. Currently, the FCC follows four principles that guide its "case-by-case enforcement of the communications laws." Chairman Julius Genachowski has summarized them as: "Network operators cannot prevent users from accessing the lawful Internet content, applications, and services of their choice, nor can they prohibit users from attaching non-harmful devices to the network." He is now urging the Commission to make these principles official rules, in addition to two new ones essential to preserving the open Internet: 1) Broadband providers "cannot discriminate against particular Internet content or applications," and 2) Broadband providers "must be transparent about their network management practices." In July, Reps. Ed Markey (D-MA) and Anna Eshoo (D-CA) introduced H.R. 3458, the Internet Freedom Preservation Act, which currently has seven co-sponsors and would establish an "overarching national broadband policy and ensures an open and consumer oriented Internet." "This bill will ensure that the non-discriminatory framework that allows the Internet to thrive and competition on the Web to flourish is preserved at a time when our economy needs it the most," said Markey.

THE KEY TO INTERNET GROWTH AND CREATIVITY: Internet giants like Google, eBay, Amazon, and Facebook would not have succeeded without net neutrality, which is why they support regulations preserving this non-discriminatory system. On Oct. 19, 24 leaders of major Internet companies sent a letter to the FCC stating, "Entrepreneurs, technologists, and venture capitalists have previously been able to develop new online products and services with the guarantee of neutral, nondiscriminatory access by users, which has fueled an unprecedented era of economic growth and creativity." Internet pioneers such as Vinton Cerf have advocated preserving the system of "permissionless innovation" that fosters entrepreneurship. Craig Aaron and Derek Turner at Free Press have found that despite "frenzied" claims by opponents of net neutrality, such regulations would not be "catastrophic for investment." They point out that in 2006, AT&T had to "respect Net Neutrality as a condition of its merger with BellSouth. In the next two years under Net Neutrality, the company's overall gross investment increased by $1.8 billion -- more than any other [Internet service provider's] in America." While net neutrality wasn't "solely responsible for AT&T's increased investment, it also did not dampen growth. The Christian Coalition has raised civil liberties concerns, saying that "free speech should not stop when you turn on your computer or pick up your cell phone." People should be able to use the Internet "without a phone or cable company snooping in...and deciding whether to allow a particular communication to proceed, slow it down, or offer to speed it up if the author pays extra to be on the 'fast lane,'" testified Michele Combs, the Coalition's vice president of communications, in March 2008.

THE OPPONENTS: Net neutrality's biggest opponents are the telecom and cable industries, which want to profit off of Internet discrimination. AT&T and Verizon have both said that they are willing to accept some net neutrality regulation, which is a step in the right direction. But they still oppose Genachowski's new principle prohibiting discrimination against certain content or applications. Some of these companies have already launched astroturf campaigns. AT&T chief lobbyist James Cicconi has "asked" his employees to "use their personal e-mail accounts to warn the FCC that Net Neutrality would 'halt private investment in broadband infrastructure'" and requested that they flood FCC's Open Internet site with anti net-neutrality comments. The FCC has also been receiving fishy letters that appear to be templates from unknown organizations purporting to be against net neutrality. The telecoms have now enlisted McCain, one of their longest-standing allies on Capitol Hill, to fight their fight. McCain argues that killing regulations preserving net neutrality is key to "innovation and job growth," pointing to the success of Google and Yahoo (even though both companies support an open Internet). The Arizona senator was the top recipient of campaign contributions from this industry over the past two years, taking in $894,379. Even as chairman of the Senate Commerce Committee from 1997 to 2001 and again from 2003 to 2005, McCain made sure to craft technology rules that benefited his campaign donors. (Ironically, he is also someone who has been described as a "technological troglodyte" by former FCC chairman Reed Hundt, for the senator making comments about how he has "never felt the particular need to e-mail" and is a computer "illiterate.") The telecoms and their allies have also successfully co-opted pundits like Glenn Beck, who is arguing that the FCC is key to President Obama "trying to take over the media."

HEALTH CARE -- HOUSE HEALTH REFORM BILL OUTLAWS TREATING DOMESTIC VIOLENCE AS A PRE-EXISTING CONDITION: Yesterday, House Speaker Nancy Pelosi (D-CA) unveiled the re-tooled Affordable Health Care for America Act (HR 3962). The bill will cost approximately $900 billion over 10 years, extending health coverage to 36 million Americans (6-7 million more than the Senate Finance Committee's version). As the Wonk Room's Igor Volsky points out, it also "includes a national public option that reimburses physicians at negotiated rates and requires individuals to acquire coverage and large employers to provide it." A less-noticed -- but still significant -- part of the bill would ensure that insurers in the individual market would no longer treat domestic violence as a pre-existing condition. This vital reform would prevent insurers from rejecting women who have survived domestic abuse for health insurance coverage -- a practice currently allowed in eight states. This provision is part of the bill's larger ban on pre-existing conditions, which stipulates that insurers cannot discriminate based on "health status, medical condition, claims experience, receipt of health care, medical history, genetic information, evidence of insurability, disability, or source of injury (including conditions arising out of acts of domestic violence) or any similar factors." In 2006, Senate Democrats on the Health Education Labor & Pensions Committee tried to end domestic violence as a pre-existing condition, but lost in a 10-10 vote. All the "nay" votes were Republicans. Women currently pay up to 50 percent more for health insurance than a man would shell out for the same coverage, and most individual health insurance markets don't cover maternity care.

National Republican Congressional Committee Chairman Rep. Pete Sessions (TX) said yesterday that the GOP would "welcome" Conservative Party candidate Doug Hoffman into its ranks. Hoffman is slated to face off with Republican Dede Scozzafava and Democrat Bill Owens in a special election in New York's 23rd congressional district next week.

In a speech at the U.S. Chamber of Commerce's Institute for Legal Reform Summit on Wednesday, former Florida governor Jeb Bush claimed that "President Obama has used the bully pulpit as a way to attack capitalism." "That'll make the news," added Bush after he uttered his criticism of Obama in response to a question from the audience.

Iran told the International Atomic Energy Agency yesterday that it will reject a plan to send its stockpile of low enriched uranium to Russia to be processed and then returned for use in a reactor in Tehran. The decision came only "hours after Iran's president, Mahmoud Ahmadinejad, insisted that 'we are ready to cooperate' with the West."

According to a report that "appears to have been inadvertently placed on a publicly accessible computer network," House ethics investigators "have been scrutinizing the activities of more than 30 lawmakers and several aides in inquiries about issues including defense lobbying and corporate influence peddling." Committee chair Zoe Lofgren (D-CA) said "no inference should be made as to any member."

A report released by the Obama administration today concludes that "the largest stimulus program in the nation's history has created or saved at least 650,000 state and local jobs." The White House says that "the actual number of jobs created so far is likely closer to 1 million, since its report on stimulus job creation only focused on $150 billion of the $339 billion" spent so far.

Approximately 530,000 Americans filed for unemployment insurance last week, reflecting little change from the week before. The Senate is currently considering a bill to extend unemployment benefits by up to 20 weeks, but Republicans have been holding it up.

The Senate unanimously confirmed Dr. Regina Benjamin yesterday to serve as the nation's surgeon general. For nearly a month, Senate Republicans had delayed a vote on Benjamin as part of the fight over health care reform. Senate Majority Leader Harry Reid (D-NV) took the GOP to task yesterday for blocking the vote on Benjamin while concern over H1N1 grows.

After months of negotiations, Honduran and American officials came to an agreement yesterday that would pave the way for the restoration of ousted President Manuel Zelaya. "We are satisfied," Zelaya told Reuters. "We are optimistic that my reinstatement is imminent.

And finally: "These sweet potatoes are huge! They're huge," Michelle Obama told a group of elementary school kids yesterday, as they harvested vegetables from the White House garden. At one point, the First Lady held up one of the larger orange-colored spuds and said: "This can feed an army." Obama was also photographed eying an earth worm. The Fall Harvest yesterday collected 223 pounds of huge sweet potatoes, carrots, fennel, lettuce, tomatoes, broccoli, turnips, eggplant, peppers, tomatillos and greens.

Rep. Luis Gutierrez (D-IL) pushes for a bank failure fund.

Doctor risks arrest for health care for all.

Will Sen. Joe Lieberman (I-CT) debate MSNBC's Rachel Maddow?

Debunking the claim that health care reform would "all but eliminate" private health insurance.

Did coal lobby CEO Steve Miller lie under oath?

The Bush administration-era propaganda program using retired military analysts may not have ended.

Countdown for equality: LGBT rights on the ballot in next week's election.

Rep. Ron Paul (R-TX) argues against further sanctions against Iran.

"[Health reform legislation] should be posted on line for 72 hours so members and the American people get a chance to see what's in these bills."
-- House Minority Leader John Boehner (R-OH), 10/08/09

VERSUS

Q: Will the Republicans put their alternative online for 72 hours as well?
BOEHNER: Uh, we'll uh, we'll have our ideas ready. Don't worry.
-- Boehner, 10/29/09

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