Net Neutrality

– An Overview –Bob Bocher

Technology Consultant, WI Dept of Public Instruction, State Division for Libraries

608-266-2127, robert.bocher@dpi.wi.gov

dpi.wi.gov/pld/ppt/netneutral.ppt(Updated April 2008)

2

Topics to Cover

1. Definition and background

2. Internet and FCC regulations

3. Who supports what?

4. Recent actions

3

Net Neutrality – A Definition

Net Neutrality:

Accessing any content or using any service or application is done in a neutral fashion. That is, there is no network configuration, policy, or practice, outside of end user control or end user knowledge, that discriminates against certain content, services, or applications.

4

Net Neutrality - Background

“Neutrality” issue predates the Internet

Based on common carriage. For telecom: No one is refused service; all calls are connected

regardless of content or location

Major legal and regulatory difference between “Telecommunication service” (Title II)

Strong common carrier language

“Information service” (Title I)

Weak language

Internet is an information service

47 U.S.C. §202: It shall be unlawful for any common carrier to make any unjust or unreasonable discrimination in charges, practices, or services by any means or device, or to subject any person to any unreasonable prejudice or disadvantage.

5

The Internet and FCC Regulations

1990s: Most consumers had dial-up

More than 7,500 dial-up ISPs ISPs used telecom provider circuits

Most telecom/cable companies were not ISPs

2000s: More consumers moving to broadband

More telecom/cable companies providing BB

Eroding line between telecom providers and ISPs

6

The Internet and FCC Regulations

2000s: Broadband debate and neutrality issue

Digital divide: U.S. 15th - 20th in residential BB

President’s BB initiative: Connect all by 2007

FCC encourages more BB access More access based on more competition

More competition based on less regulation

2002: FCC says cable ISPs not subject to strong, common carrier regulation

Provide “information service”

7

The Internet and FCC Regulations

June 2005: Supreme Court Brand X decision

Sept 2005: FCC deregulates broadband

Treat telecom and cable ISPs the same

Removes common carrier language; no strong legal protection for maintaining “neutral” Internet Telecom circuit is now “ancillary” to unregulated Internet

Issues “Broadband Access to the Internet” principles

8

Net Neutrality Statement

The Commission [has] decided to reclassify broadband transmission facilities as Title I “information services” rather than Title II “telecommunications services.” To the uninitiated this sounds like semantics. But it has real consequences. That’s because the nondiscrimination obligations that attach to telecommunications traffic and which were vital to keeping the Internet open in the dial-up era no longer apply to broadband services.

We need a watchful eye to ensure that network providers do not become Internet gatekeepers, with the ability to dictate who can use the Internet and for what purpose.

—FCC Commissioner Michael Copps, Sept 2005

9

Net Neutrality - Who Supports What?

Neutrality generally supported by: Consumer organizations

Organizations supporting First Amendment

Content providers

Education and library community

Neutrality generally opposed by: Telecom/cable companies

Internet service providers

Organizations opposed to government regulation

10

Net Neutrality – Recent Activities

2007 FCC issues “Broadband Notice of Inquiry”

Internet Freedom Preservation Act (S.215)

Has common carrier protections

Comcast blocks or delays P2P traffic FCC investigates; holds hearings

Comcast and BitTorrent reach agreement Will develop a “P2P bill of rights”

AT&T to filter Net content?

The FCC is still investigating whether the [Comcast] actions violated our principles protecting consumer access to the Internet. --FCC Chairman Kevin Martin, April 22, 2008

This is not about the vast majority of customers who consume content legally. This is about combating illegal activity. —Michael Balmoris, AT&T, Jan. 2008

Net Neutrality:

Questions??

Bob BocherTechnology Consultant,

WI Dept of Public Instruction, State Division for Libraries

608-266-2127, robert.bocher@dpi.wi.gov

dpi.wi.gov/pld/ppt/netneutral.ppt

12

Home Broadband Adoption – 2007(http://www.pewinternet.org/PPF/r/217/report_display.asp)

Return