Network neutrality advocates insist their proposed regulations don't
affect "The Internet," but only the broadband networks which, in their
view, provide access to "The Internet." If we take them at their word,
then it follows that indeed net neutrality regulations only cover
private commercial arrangements between consumers of broadband services
and providers of broadband services. The currently hot item in the
debate, according to Free Press, is whether broadband providers may
offer premium Quality of Service delivery services for sale on
non-discriminatory terms. The argument against this is on the Cnet site
today, http://news.cnet.com/8301-13578_3-20011565-38.html.
All communications infrastructure has a quasi-public nature, whether
it's IP, broadcast TV, or radio, and for that reason it's all regulated.
That doesn't bring the First Amendment into the picture, however; it
involves the Communications Act, the Commerce Clause, and anti-trust
law. The use of the First Amendment doesn't advance the debate.
RB
On 7/26/2010 3:05 PM, Edward Almasy wrote:
On Jul 26, 2010, at 3:33pm, Richard Bennett wrote:
Franken's remarks stand the First Amendment on its head. The First Amendment
protects the citizens from violations of our speech rights by the government,
while net neutrality laws are attempts to have the government limit the
services and business models of a group of companies.
This is only true if network connectivity is purely a matter of private
commerce. If (as I and many others believe) the Internet has become a de facto
part of our public infrastructure, then we have to consider the services and
business models controlling that infrastructure in a different light, on par
with those operated by the government.
Franken's speech is just one more facet of the push to remold the old legal
model to allow it to function as intended within the new 21st century reality.
Ed
---
Edward Almasy [email protected]
Co-Director 1210 W Dayton Street
Internet Scout Madison WI 53706
Computer Sciences Department 608-262-6606 (voice)
University of Wisconsin - Madison 608-265-9296 (fax)
--
Richard Bennett
Senior Research Fellow
Information Technology and Innovation Foundation
Washington, DC
