US House Panel Discusses Preserving Internet Freedom

May 07, 2008

The House Subcommittee on Telecommunications and Internet held a hearing on the Internet Freedom Preservation Act of 2008 (HR 5353). Opening the hearing, Chairman Ed Markey (D-MA) asked, "Can we preserve this wildly successful medium and the freedom it embodies, or do we permit network operators to fundamentally alter how the Internet has historically functioned? Do we retain a level playing field for entrepreneurial entry, or do we allow the imposition of new fees and the artificial creation of slow lanes and fast lanes for content providers on the Internet?"

He continued, "The question is whether in the name of network management, policymakers permit carriers to act in unreasonable, anti-competitive fashion.... I strongly believe we should enshrine basic principles of openness and fairness and ensure that the FCC is a 'cop on the beat' able to ensure these principles are upheld in the marketplace. In this way we can preserve the best of what the Internet is even as it evolves."

House Commerce Committee Chairman John Dingell said, "I would like this panel to address the extent of the Commission's ability to protect consumers in this new regulatory environment. Specifically, does the FCC have the authority to enforce its broadband policy statement? If not, what authority, if any, does the Commission possess to ensure that network operators do not act to the detriment of consumers? ... The FCC must have the authority to effectively police such activity and punish bad actors. At the same time, Congress must proceed thoughtfully and deliberately on this subject. We must ensure that any action to ensure a robust and open Internet architecture also furthers other important policy goals such as continued deployment of advanced networks and universal access to that network for all Americans."

Many Republicans on the subcommittee questioned the need of Markey's bill, co-sponsored by Rep Chip Pickering (R-MS). Ben Scott of Free Press said, "Two competing visions for the Internet stand before policymakers. The first is an open Internet with baseline rules to protect consumers' right to access the content and services of their choice. The second is a closed network that would permit experiments with content control and discriminatory service provisions that have been the hallmark of the old media world. It is a virtual clash of civilizations. Congress should choose the path of open markets for speech and commerce -- a path championed by virtually every consumer and innovator using the Internet."

From the Benton Foundation News:http://benton.org/node/10823