Proposed rule changes would tangle the Web

By Michael Socolow
Baltimore Sun

Originally published May 9, 2006

http://www.baltimoresun.com/news/opinion/oped/bal-op.internet09may09,0,4559120.story?track=rss


Congress wants to change the Internet.

This is news to most people because the major news media have not actively 
pursued the story. Yet both the House and Senate commerce committees are 
promoting new rules governing the manner by which most Americans receive 
the Web. Congressional passage of new rules is widely anticipated, as is 
President Bush's signature. Once this happens, the Internet will change 
before your eyes.

The proposed House legislation, the Communications Opportunity, Promotion 
and Enhancement Act (COPE), offers no protections for "network neutrality."

Currently, your Internet provider does not voluntarily censor the Web as it 
enters your home. This levels the playing field between the tiniest blog 
and the most popular Web site.

Yet the big telecom companies want to alter this dynamic. AT&T and Verizon 
have publicly discussed their plans to divide the information superhighway 
into separate fast and slow lanes. Web sites and services willing to pay a 
toll will be channeled through the fast lane, while all others will be 
bottled up in the slower lanes. COPE, and similar telecom legislation 
offered in the Senate, does nothing to protect the consumer from this 
transformation of the Internet.

The telecoms are frustrated that commercial Web sites reap unlimited 
profits while those providing entry to your home for these companies are 
prevented from fully cashing in. If the new telecom regulations pass 
without safeguarding net neutrality, the big telecom companies will be able 
to prioritize the Web for you. They will be free to decide which Web sites 
get to your computer faster and which ones may take longer - or may not 
even show up at all.

By giving the telecoms the ability to harness your Web surfing, the 
government will empower them to shake down the most profitable Web 
companies. These companies will sell access to you, to Amazon.com, 
Travelocity.com and even BaltimoreSun.com, etc. What if these companies 
elect not to pay? Then, when you type in "amazon.com," you might be 
redirected to barnesandnoble.com, or your lightning-quick DSL Internet 
service might suddenly move at horse-and-buggy speed.

It might appear that the direct ramifications of this bill are somewhat 
obscure. Why should you care, if your Internet fee isn't altered? Or if 
your Web surfing will (possibly) be only minimally disrupted? (The telecoms 
understand that completely barring access to certain sites - especially the 
most popular ones - would be counterproductive.)

You should care because any corporate restriction on information gathering 
directly counters the original purpose of the World Wide Web.

"Universality is essential to the Web," says its inventor, Tim Berners-Lee. 
"It loses its power if there are certain types of things to which you can't 
link."

If calling up the Web site of your favorite political commentator takes far 
longer than surfing to a commercial site, the new laws will have a direct 
impact on the Web's democratic utility. The proposed laws also facilitate 
future steps toward corporate censorship. Do you think that the telecoms, 
under the proposed regulations, would make it easy to visit the Web sites 
of their disgruntled - or possibly striking - employees?

The proposed new rules have received surprisingly sparse media coverage. 
The new laws have economic, political and social ramifications. There are 
several explanations for the silence.

The most probable is simply that because the laws have strong bipartisan 
support in both houses of Congress, they do not appear particularly 
newsworthy. COPE has been promoted vigorously in the House by both Texas 
Republican Joe L. Barton and Illinois Democrat Bobby L. Rush. While a few 
legislators are attempting to preserve net neutrality - most notably 
Democratic Rep. Edward J. Markey of Massachusetts and Republican Sen. 
Olympia J. Snowe of Maine - they are clearly outnumbered.

The history of American telecommunications regulation does not offer a 
promising model for the future of net neutrality. In the late 1800s, 
Congress approved of Western Union, America's telegraph monopoly, censoring 
the Associated Press. The 1934 Communications Act resulted in political 
discussion over the national airwaves being tightly moderated by CBS and NBC.

Most telecom laws are sold to the public as the "natural evolution" of 
communications technology. Yet there is no truly natural evolution to our 
telecommunications laws. Only very rarely is regulation completely ordained 
by physics or technological limits. More commonly, it emerges from the 
political process. This is news to many Americans unaware of their own 
media history.

Many people believe the Internet's decentralized structure guarantees that 
no company or oligopoly could control it. Internet censorship - whether by 
corporate or state interests - simply sounds impossible. Yet not only is it 
theoretically possible, but the history of telecommunications regulation 
tells us it is probable. By the time the telecoms start changing what you 
see on your screen, it will be too late to complain.

--------------
Michael Socolow is an assistant professor of communication and journalism 
at the University of Maine.


================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204
Voice: 713-743-3923  Fax: 713-743-3927
antunes at uh dot edu



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