Public Policy Connections

FCC Issues Statement on Broadband Framework for Net Neutrality

On 6 May 2010 the Federal Communications Commission (FCC) claimed power to regulate companies that provide Internet access, opening a fight with cable and telephone companies. The statement from the Chairman of the FCC lays a foundation for net neutrality rules to bar Internet service providers from interfering with users’ traffic. The plan provides “only the modest authority” needed after a US court limited its power over the Web. The Statement describes a path forward, and will begin with seeking public comment on a narrow and tailored legal foundation for the FCC’s approach to broadband communications services.

Read Newsweek story: FCC Reclaims Powers Over Internet Access Companies
Read Statement from FCC Chairman: The Third Way: A Narrowly Tailored Broadband Framework
Read SLA Public Policy Blog posts:
European Commission to Ask for Public Input on Net Neutrality (21 April 2010)
FCC Power Limited in Network Neutrality (12 April 2010)

European Commission to Ask for Public Input on Net Neutrality

Speaking at a conference held by French telecoms regulator ARCEP, the European Commissioner for Digital Agenda, Neelie Kroes, said the Internet is "not an inherently neutral platform."This means that European regulators have to make choices about whether to allow ISPs to prioritize certain types of online traffic. The European Commission will ask the public for their thoughts on Net neutrality in the upcoming months.

"Net neutrality is a subject that stirs emotions," Kroes said, adding that the debate had seen people voice fears over government censorship and the increasing commercialization of the Web.

The U.S. is addressing the same types of Net Neutrality issues. In early April, a U.S. federal appeals court ruled that regulators had limited power over Web traffic under current law. Argued on 8 January 2010, the ruling on the Comcast vs. the Federal Communications Commission (FCC) will allow Internet service companies to block or slow specific sites and charge video sites to deliver faster content to users.

Read article on ZDNet UK: Internet is 'not inherently neutral,' says EU's Kroes

FCC Power Limited in Network Neutrality

A  U.S.  federal appeals court ruled on 6 April that regulators had limited power over Web traffic under current law. Argued on 8 January 2010, the ruling on the Comcast vs. the Federal Communications Commission (FCC) will allow Internet service companies to block or slow specific sites and charge video sites to deliver faster content to users.

The court ruling, which came after Comcast asserted that it had the right to slow its cable customers’ access to a file-sharing service called BitTorrent, could prompt efforts in Congress to change the law in order to give the FCC explicit authority to regulate Internet service.

The court decision was a setback to efforts by the Federal Communications Commission to require companies to give Web users equal access to all content (Network Neutrality), even if some of that content is clogging the network. The issue of Net Neutrality is of concern to many information organizations. 

Read New York Times article: U.S. Court Curbs F.C.C. Authority on Web Traffic

Read Wall Street Journal article: FCC Seeks New Web Plan

 

Australian Government vs. Google: Net Censorship or Freedom of Access?

Australian Communications Minister Stephen Conroy launched an attack on Google and its credibility in response to the search giant's campaign against the government's Internet filtering policy.

In an interview on ABC National Radio Australia, Senator Conroy also said he was unaware of complaints the Obama administration said it had raised with the government over the policy. The Australian government intends to introduce legislation within weeks forcing all ISPs to block a blacklist of "refused classification" Web sites for all Australians. Senator Conroy has said the blacklist will largely include deplorable content such as child pornography, bestiality material and instructions on crime, but a large and growing group of academics, technology companies and lobby groups say the scope of the filters is too broad and will not make a meaningful impact on Internet safety for children. Some are wondering why this is about Google, when the debate might more appropriately be focused on freedom of access to information.

Read: Sydney Morning Herald article: Government goes to war with Google over net censorship

U.S. House Judiciary Committee Questions ICANN on Domain Names

Earlier this month members of the U.S. House Judiciary Committee wrote to the head of the Internet Corporation for Assigned Names and Numbers (ICANN) expressing concerns about the proposed introduction of many new top-level domains. These include proposed domains such as .biz, .info, and .us.

ICANN has been kept busy defending its planned expansion of top-level domains. During a U.S. House Judiciary Courts and Competition Subcommittee hearing 23 September 2009, ICANN argued that bringing potentially hundreds of new domains to market will benefit consumers and companies that do business online.

But there are many who question if new domains will benefit anyone except for ICANN which, according to some estimates, could make US $90 million from the plan.

Many groups, such as Marriott, Nike, Verizon and the  U.S. Chamber of Commerce to name a few, are opposed to the ICANN plan, claiming that it could make the problem worse by increasing consumer confusion and fraud while at the same time forcing trademark owners to spend more money to defend their brands and intellectual property rights.

Read article:  GOP Lawmakers Want Answers From ICANN

Read article: ICANN Defends Domain Expansion Plan 

Background:

ICANN, created in 1998, oversees numerous Internet-related duties previously performed directly on behalf of the U.S. government by other organizations. ICANN's tasks include responsibility for Internet Protocol (IP) address space allocation, protocol identifier assignment, generic (gTLD) and country code (ccTLD) top-level domain name system management, and root server system management functions. More generically, ICANN is responsible for managing the assignment of domain names and IP addresses. To date, much of its work has concerned the introduction of new generic top-level domains (TLDs). In 2006 ICANN signed a new agreement with the United States Department of Commerce in a step forward toward the full management of the Internet's system of centrally coordinated identifiers through the multi-stakeholder model of consultation that ICANN represents.

New Net Neutrality Bill Introduced

Representative Edward Markey (D-MA) has introduced H.R. 3458, The Internet Freedom Preservation Act of 2009, to amend the Communications Act of 1934 to establish a national broadband policy, safeguard consumer rights, spur investment and innovation, and for related purposes. The bill, co-sponsored by Representative Anna Eshoo (D-CA), has been referred to the House Committee on Energy and Commerce.
Read Congressman Markey's press release.

Representative Markey introduced similar Internet freedom legislation in the 110th Congress, H.R. 5353, which Representative Eshoo also co-sponsored. In the 109th Congress, Markey offered a net neutrality amendment to the COPE Act in May 2006.

White House Agenda released by Obama Administration

The Obama Administration has released its agenda and much of it affects members of the Special Libraries Association  (SLA) and the work they do, whether in the U.S. or around the world. Below is a summary and analysis of a most relevant section, describing the Administration's views on copyright and technology, which has been prepared by SLA Chief Policy Officer Doug Newcomb.

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The Obama Administration has released its agenda. Though information professionals are involved at all levels of the 23+ basic areas of The Agenda, the area of Technology  (just one of the 23+ areas) and its connection to copyright and the Internet will most directly and immediately affect SLA's members.

The following is a brief overview of the Technology Agenda. The Technology portion of the agenda strives "....to ensure the full and free exchange of information through an open Internet and use technology to create a more transparent and connected democracy." And to "....encourage the deployment of modern communications infrastructure to improve America's competitiveness and employ technology to solve our nation's most pressing problems -- including improving clean energy, healthcare costs, and public safety."

Although every area the Technology section of the agenda affects SLA members on some level, there are areas on which we will have to focus more keenly, both in the creation of new policies that will benefit information professionals and society as a whole, as well as fighting bad policies which may be mistaken as good.

The Technology Agenda is a digestible overview of the Obama-Biden Administration's positions in this arena and addresses seven major areas (numbers have been added), which include:

1. Ensure the Full and Free Exchange of Ideas through an Open Internet and Diverse Media Outlets 2. Create a Transparent and Connected Democracy 3. Deploy a Modern Communications Infrastructure 4. Improve America's Competitiveness 5. Prepare All our Children for the 21st Century Economy 6. Prepare Adults for a Changing Economy 7. Employ Science, Technology and Innovation to Solve Our Nation's Most Pressing Problems.

Of these seven, three areas (1, 2, & 4) are most important to SLA.

1. Ensure the Full and Free Exchange of Ideas through an Open Internet and Diverse Media Outlets. SLA has been very active in this area through our presence and participation in the World Summit on the Information Society (WSIS) and now the Internet Governance Forum (IGF). The goal of protecting openness on the internet and network neutrality are key to an open and competitive society. Other areas covered here include protecting children on the Internet. Though this is a goal that must be achieved, in the past it has raised many privacy issues. This section, in addition to protecting children, will also strengthen privacy protections and hold government and business accountable for violations, which should balance protection and privacy concerns.

2. Create a Transparent and Connected Democracy.  SLA supports and interacts with groups that work toward open government and more effective uses of sustainable technologies to maintain and access government information. The Obama-Biden Administration will appoint the first Chief Technology Officer (CTO), who will work with the chief technology and chief information officers of each of the federal agencies to ensure that they use best-in-class technologies and share best practices. This is very exciting news, and is an area which SLA will want to continue involvement on many levels.

4. Improve America's Competitiveness.  This area is the biggest and most complex as it addresses, in the vaguest of terms, copyright. Competiveness addresses trade policies that ensure fair treatment of U.S. goods and services in foreign markets. This area also supports expanding research efforts in universities and colleges, as well as outlining the Administration's philosophy on antitrust enforcement to ensure that capitalism works for consumers (which has been an ongoing issue for many SLA members working for universities that must purchase "bundled" subscriptions to acquire and maintain the core publications they require).  Other areas that are core to our membership-and are taken verbatim from the Technology Agenda under Improve America's Competitiveness are:

*Protect American Intellectual Property Abroad: Work to ensure intellectual property is protected in foreign markets, and promote greater cooperation on international standards that allow our technologies to compete everywhere.

*Protect American Intellectual Property at Home: Update and reform our copyright and patent systems to promote civic discourse, innovation, and investment while ensuring that intellectual property owners are fairly treated.

*Reform the Patent System: Ensure that our patent laws protect legitimate rights while not stifling innovation and collaboration. Give the Patent and Trademark Office (PTO) the resources to improve patent quality and open up the patent process to citizen review to help foster an environment that encourages innovation. Reduce uncertainty and wasteful litigation that is currently a significant drag on innovation.

*Restore Scientific Integrity to the White House: Restore the basic principle that government decisions should be based on the best-available, scientifically-valid evidence and not on ideological predispositions.

All of these areas have been, and will continue to be, highly debated as to what is fair and appropriate. There is no shortage of areas where SLA should and can be involved in creation and formation of policy and practice.

Please contact Doug Newcomb any comments or questions.