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[Again, quoting Assange: "He who controls today`s Internet servers 
controls the intellectual record of mankind." Whatever we get from the 
FCC this time around, we can be sure that, in a system where capital 
accumulation is the bottom line in communications as everywhere else and 
oligopoly is the mode of appropriation and control, barring massive 
public obstruction we're headed for the gutting of the internet as we 
know it and the dismantling of the closest approximation we have had to 
unfettered, free mass communication.]

Published on Wednesday, December 1, 2010 by The Nation
America Needs Real Net Neutrality, Not a False Promise from a 
Compromising FCC Chair
by John Nichols

When Barack Obama was running for president, he made Net Neutrality an 
issue <http://civ.moveon.com/releases/071029netneutralityobama.html> [1] 
-- pledging to defend the core values of a free and open Internet by 
assuring that all Americans would have equal access to all websites and 
to all the promise of this digital age. [2]

Asked in 2007 if he would "make it a priority in your first year of 
office to re-instate Net Neutrality as the law of the land" and "pledge 
to only appoint FCC commissioners that support open Internet principles 
like Net Neutrality," candidate Obama responded by saying 
<http://civ.moveon.com/releases/071029netneutralityobama.html> [1]: "I 
am a strong supporter of net neutrality," said Obama. "What you've been 
seeing is some lobbying that says [Internet providers] should be able to 
be gatekeepers and able to charge different rates to different 
websites... so you could get much better quality from the Fox News site 
and you'd be getting rotten service from the mom and pop sites. And that 
I think destroys one of the best things about the Internet -- which is 
that there is this incredible equality there... as president I'm going 
to make sure that is the principle that my FCC commissioners are 
applying as we move forward."

That commitment made Obama a favorite contender among tech-savvy voters 
in general and especially among young voters who see through the spin of 
telecommunications corporations that seek to do away with Net Neutrality 
so they can choose which websites consumers could easily and effectively 
access -- based on whether the owners of the sites paid the providers 
top dollar.

There was never any question that Obama understood the issues involved.

Unfortunately, despite the fact that Obama still talks a good game 
regarding Net Neutrality 
<http://www.whitehouse.gov/blog/2010/12/01/president-obamas-strong-commitment-net-neutrality-and-open-internet>
 
[3], the man he appointed to chair the Federal Communications 
Commission, Julius Genachowski, is proposing a "Net Neutrality" rule 
that bares scant resemblance to what candidate Obama promised.

Genachowski's plan, which he unveiled Wednesday and which he wants the 
FCC to vote on December 21, does not restore Net Neutrality as it 
existed before a Republican-dominated FCC took steps to undermine the 
principle, nor does it guarantee Internet freedom and flexibility. (You 
can read Genachowski's plan here <http://fcc.gov/> [4].)

An analysis being circulated by the Save the Internet Coalition 
<http://www.savetheinternet.com/> [5]asserts that Genachowski's 
"proposed rule is riddled with loopholes, and falls far short of what's 
necessary to prevent phone and cable companies from turning the Internet 
into cable TV: where they decide what moves fast, what moves slow, and 
whether they can price gouge you or not: a shiny jewel for companies 
like AT&T and Comcast."

Specifically, the analysis argues <http://www.savetheinternet.com/> [5] 
that the chairman's proposal:

   1. Fails to restore the FCC's authority over Internet service
      providers (ISP's) like Comcast and AT&T. This guarantees that the
      new rules, if passed, will be swiftly rejected by the courts. Any
      other future rules related to the Internet, such as competition
      policy (that would give you more choices than your expensive
      monopoly cable and phone company) would suffer the same fate if
      the Chairman continues to avoid the simple procedure that would
      restore his agency's authority.
   2. Allows the loophole of 'specialized services,' which effectively
      allows these companies to split the Internet into fast and slow
      lanes that Net Neutrality is trying to prevent. To make matters
      worse, the proposal has weak protections against "paid
      prioritization". That is, ISP's charging content providers extra
      to get their product to move quicker across the Net than others'.
   3. Fails to make even Genachowski's tepid protections apply to
      wireless connections. With the inevitable explosion of super-fast
      wireless Internet connections during the next decade, it
      represents the most blatant sellout to the likes of Verizon and
      AT&T. Both companies view wireless Internet and phone service as
      the future of their companies. And both companies are amongst
      Washington's biggest spenders on PR firms, lobbyists and campaign
      contributions.

Josh Silver, the president of Free Press (the media-reform group he 
co-founded with Robert McChesney and this writer), says 
<http://www.savetheinternet.com/blog/10/12/01/fcc-chairman-announces-fake-net-neutrality-proposal>
 
[6] Genochowski's proposal is "not even close to the real Net Neutrality 
that President Obama promised the American people."

In fact, he calls the chairman's plan "fake Net Neutrality."

Silver complains that: "AT&T and Comcast... have met with the Chairman 
more than anyone else during the past month, and whose affection he 
seems to crave more than making good on President Obama's promise."

So should defenders of a free and open Internet give up? Should we 
accept defeat in the fight for genuine Net Neutrality?

Not yet. Genachowski is just one of five FCC commissioners.

There is a Democratic majority on the commission, made up of the 
chairman (an Obama appointee), Mignon Clyburn (another Obama appointee) 
and Michael Copps (who has served on the commission since 2001).

Copps has been a stalwart defender of Net Neutrality, and Clyburn has 
tended to side with him on the issue.

The two Republican commissioners -- Robert McDowell and Meredith Baker 
-- have been critical of even the tepid initiatives Genachowski proposes.

So, as Silver says, "Copps and Clyburn are the 'deciders' for the next 
three weeks, and they have both demonstrated over and over that their 
top priority is the interests of the American people."

If Genachowski wants to advance Net Neutrality rules, he will have to 
have Copps and Clyburn on board. That leaves room for serious 
negotiation, and for serious improvement of the proposal put forward by 
the chairman.

The power rests to some extent with Copps and Clyburn, but it rests to 
an even greater extent with the millions of Americans who want the free 
and open Internet that candidate Obama promised. That's going to require 
a lot of digital activism. This is where the Save the Internet Coalition 
<http://www.savetheinternet.com/faq> [7] comes in. It's a big-tent group 
<http://www.savetheinternet.com/about> [8]that includes Free Press, the 
American Library Association,  Common Cause, Consumers Union, the 
American Civil Liberties Union, the Media Access Project, the Consumer 
Project on Technology and Computer Professionals for Social 
Responsibility, among dozens of other professional, labor, community and 
consumer groups.

If this coalition -- and all the Americans who want an Internet that 
serves not just the big telecommunications companies but the civic and 
democratic aspirations of citizens -- response to the Save the Internet 
call, America won't have to settle for fake Net Neutrality. We can have 
the real thing, and we can realize the full promise of the Internet.

© 2010 The Nation
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