CDT Calls for Legislation to Preserve Internet Neutrality

["David Farber" <dave () farber net>]

For the record, I have ALWAYS been willing to send points of view I may or
may not disagree with, GIVEN they are reasoned and well stated.

Dave


---------------------------- Original Message ----------------------------
Subject: Fwd: CDT Calls for Legislation to Preserve Internet Neutrality
From:    "John Morris" <jmorris () cdt org>
Date:    Tue, June 20, 2006 9:50 am
To:      "David Farber" <dave () farber net>
--------------------------------------------------------------------------

Dave,

Although we reach a different conclusion than you do on the
"neutrality" debates, your IP readers might be interested in a paper
that CDT just released supporting a narrow approach to "Internet
neutrality".  Our paper, available at
http://www.cdt.org/speech/20060620neutrality.pdf, is summarized in
the release below.  Also included below is a link to a paper that CDT
commissioned by MIT's Danny Weitzner, taking a look at the net
neutraltiy issues from a technologist's perspective.

John Morris
Center for Democracy & Technology

At 9:00 AM -0400 6/20/06, David McGuire wrote:
> CDT Calls for Legislation to Preserve Internet Neutrality
>
> WASHINGTON -- June 20, 2006 -- The Center for Democracy and
> Technology (CDT) today called on lawmakers to enact narrowly
> tailored legislation to preserve the essential neutrality and
> openness of the Internet, while leaving broadband network providers
> free to experiment with non-neutral arrangements elsewhere on their
> networks.
>
> The Internet is fundamentally neutral, and that neutrality has been
> critical to its unique role as an engine for free speech and
> innovation, CDT finds in a new paper
> (http://www.cdt.org/speech/20060620neutrality.pdf). In the
> narrowband world, adherence to that neutrality was widely accepted.
> When Congress first permitted commercial traffic on the Internet, it
> did so with the understanding that information providers would be
> treated equally.
>
> But as new broadband networks evolve, recent legal decisions,
> regulatory changes, announcements by network owners and a
> consolidating market have put that essential neutrality at
> significant risk.
>
> "The open and neutral Internet is a unique engine of free
> expression, innovation and commerce. CDT has long promoted and
> defended the Internet as a true technology of freedom. We cannot
> take risks with its future," CDT Executive Director Leslie Harris
> said. "Once new, non-neutral networks and business arrangements have
> been put in place on the Internet, overturning those arrangements is
> likely to be extremely difficult. If the telecom bill happens this
> year, net neutrality language must be included. It is better to
> establish rules of the road in advance, so that neutrality will be
> factored into network architecture and business plans from the
> start."
>
> CDT reached its conclusions after months of careful study and
> consultation with stakeholders from all sides of the debate. As part
> of that process, CDT commissioned a separate paper on the subject by
> Daniel Weitzner, available here
> http://dig.csail.mit.edu/2006/06/neutralnet.html .
>
> In its paper, CDT makes five key findings: 1) today's Internet is
> neutral in a number of crucial ways; 2) neutrality is rooted in the
> Internet's history and has been central to its development as a tool
> for innovation and free expression; 3) the future of that essential
> neutrality is uncertain -- endangered by regulatory and commercial
> developments that open the door for discriminatory behavior by
> network providers; 4) legislation is warranted; and 5) legislation
> should take a narrow approach that focuses on Internet neutrality,
> rather than the broader question of "network neutrality," and does
> so in the least restrictive, yet still effective way.
>
> CDT found that it is vital to make a clear distinction between
> "Internet neutrality" and the more ambiguous principle of "network
> neutrality." The broadband networks that would be affected by
> neutrality legislation also carry cable television and other
> non-Internet services over much of their bandwidth. CDT believes
> that current legislation should be focused specifically on the
> portion of broadband networks dedicated to the Internet. For the
> portion of the network not devoted to the Internet, CDT believes
> that legislation should require regular monitoring and reporting to
> ensure that as new services are deployed, they do not crowd or
> undermine the neutral Internet.
>
> "Whatever Congress decides on this issue will affect the Internet
> for decades to come," CDT Staff Counsel David Sohn said. "If we can
> get the right rules in place, it will help ensure that the Internet
> remains a tool for democracy, industry and expression for new
> generations of users."
>
> Added Sohn: "We need to move forward legislatively but we also need
> dialogue to ensure that we get it right. We don't want to impede the
> growth of new broadband networks or intrude into their non-Internet
> operations, but legislation that simply sets out consumer rights
> without prohibiting discriminatory treatment falls short of the mark
> in protecting the essential Internet. Such an approach would give
> the FCC too much discretion and too little guidance. We believe that
> net neutrality rules need to be clear in the statute so that the
> Commission is in an enforcement role, not a regulatory one. We
> intend to work with all parties to perfect legislation as the
> process moves forward."
>
> About CDT: The Center for Democracy and Technology works to promote
> democratic values and constitutional liberties in the digital age.
> With expertise in law, technology, and policy, CDT seeks practical
> solutions to enhance free expression and privacy in global
> communications technologies. CDT is dedicated to building consensus
> among all parties interested in the future of the Internet and other
> new communications media.
>
> --30--
>
> --
> --------------------------------------------------
> David McGuire
> Director of Communications
> Center for Democracy & Technology
> (202) 637 9800 x106
> (202) 423 7432 (mob)
> --------------------------------------------------
> _______________________________________________
> http://www.cdt.org/mailman/listinfo/update




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