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It’s The Internet Stupid

A Comment on Notice of Inquiry, FCC GN Docket No. 09-51


Comments on A National Broadband Plan For Our Future,

Notice of Inquiry, FCC GN Docket No. 09-51.


The American Recovery and Reinvestment Act (ARRA) aims at building a
new economic foundation for the United States by providing, “job
preservation and creation, infrastructure investment, energy
efficiency and science, assistance to the unemployed,” et cetera. As
one step towards these goals, the ARRA mandates that the FCC deliver a
National Broadband Plan to Congress by February 17, 2010.

The National Broadband Plan mandated in Section 6001(k)(2) of the ARRA
makes clear that its objectives are for, “all people of the United
States . . . the public . . . [for] advancing consumer welfare, civic
participation, public safety and homeland security, community
development, health care delivery, energy independence and efficiency,
education, worker training, private sector investment, entrepreneurial
activity, job creation and economic growth, and other national
purposes.” It would be impossible to achieve most of these benefits
without the Internet. The most direct, most immediate way to reach
these objectives is via broadband connections to the Internet.

Broadband has other uses, to be sure. It is used for cellular
backhaul, in cable TV systems, for proprietary financial transaction
networks and for other proprietary enterprise networks. While cellcos,
cablecos and enterprises may need better broadband technologies for
their own proprietary purposes, these uses don’t rise to the level
that would require a National Broadband Plan for “all people of the
United States.” The people of the United States already have
reasonable telephone and television services; they need faster, more
affordable, more ubiquitous, more reliable connections to the
Internet.

Broadband is not the Internet. Broadband is shorthand for a diverse
class of wired and wireless digital transmission technologies. The
Internet, in contrast, is a set of public protocols for
inter-networking systems that specifies how data packets are
structured and processed. Broadband technologies, at their essence,
are high-capacity and always-on. The essence of the Internet is (a)
that it carries all packets that follow its protocols regardless of
what kinds of data the packets carry, (b) that it can interconnect all
networks that follow those protocols, and (c) its protocols are
defined via well-established public processes.

There’s risk in confusing broadband and Internet. If the National
Broadband Plan starts from the premise that the U.S. needs the
innovation, increased productivity, new ideas and freedoms of
expression that the Internet affords, then the Plan will be shaped
around the Internet. If, instead, the Plan is premised on a need for
broadband, it fails to address the ARRA’s mandated objectives
directly. More importantly, the premise that broadband is the primary
goal entertains the remaking of the Internet in ways that could put
its benefits at risk. The primary goal of the Plan should be broadband
connections to the Internet.

The FCC’s Internet Policy Statement of 2005 is a first attempt to
codify important aspects of the Internet independent of access
technology. It advocates end-user access to content, and end-user
choice of applications, services and devices. It says that Internet
users are, “entitled to competition,” but it does not spell out the
entitlement to the benefits of competition, such as increased choice,
lower price and diversity of offers. It fails to provide for
information about whether advertised services perform as specified. It
doesn’t address packet inspection, packet discrimination, data
collection or end-user privacy. It is not clear that all of these are
within the FCC’s purview, but it is abundantly clear that all of these
factors should be critical to a National Broadband Plan that addresses
broadband connections to the Internet.

Therefore, we urge that the FCC’s National Broadband Plan emphasize
that broadband connection to the Internet is the primary goal. In
addition, we strongly suggest that the Plan incorporate the FCC
Internet Policy Statement of 2005 and extend it to (a) include
consumer information that meaningfully specifies connection
performance and identifies any throttling, filtering, packet
inspection, data collection, et cetera, that the provider imposes upon
the connection, (b) prohibit discriminatory or preferential treatment
of packets based on sender, recipient or packet contents. Finally, we
suggest that the Internet is such a critical infrastructure that
enforcement of mandated behavior should be accompanied by penalties
severe enough to deter those behaviors.


Signatories

John Perry Barlow, co-founder Electronic Frontier Foundation,
[email protected]

Scott Bradner, University Technology Security Officer, Harvard
University, [email protected]

Dave Burstein, Editor, DSL Prime, [email protected]

Robin Chase, Meadow Networks, [email protected]

Judi Clark, independent consultant, [email protected]

Gordon Cook, Editor & Publisher, Cook Report on Internet Protocol,
[email protected]

Steve Crocker, Author RFC #1, CEO Shinkuro, [email protected]

Susan Estrada, President, FirstMile.US, [email protected]

Harold Feld, blogger http://wetmachine.com, [email protected]

Tom Freeburg, CTO Memorylink, [email protected]

Dewayne Hendricks, CEO Tetherless Access, [email protected]

David S. Isenberg, isen.com, LLC & F2C:Freedom to Connect,
[email protected]

Jeff Jarvis,  City University of New York Graduate School of
Journalism; Author of What Would Google Do, [email protected]

Mitch Kapor, co-founder Electronic Frontier Foundation,
[email protected]

Larry Lessig, Professor at Harvard Law School & Director of Harvard
University Edmond J. Safra Foundation Center for Ethics,
[email protected]

Sascha Meinrath, Open Technology Initiative, New America Foundation,
[email protected]

Jerry Michalski, independent consultant, [email protected]

Elliott Noss, CEO Tucows, [email protected]

Leslie Nulty, Principal, Focal Point Advisory Services/Project
Coordinator, East Central Vermont Community Fiber Network Project; and
Treasurer, Vermont Businesses for Social Responsibility,
[email protected]

Tim Nulty, CEO, East Central Vermont Community Fiber Network Project
[email protected]

Tim O’Reilly, founder and CEO of O’Reilly Media, [email protected]

Andrew Rasiej, Personal Democracy Forum, [email protected]

David P. Reed, early contributor to the Internet architecture, MIT
Media Laboratory, [email protected]

Howard Rheingold, Author of The Virtual Community and Smart Mobs,
[email protected]

Roy Russell, GoLoco, Inc., [email protected]

Doc Searls, Harvard Berkman Center for Internet & Society,
[email protected]

Micah L. Sifry, Personal Democracy Forum, [email protected]

Dana Spiegel, Executive Director, NYCwireless, [email protected]

Aaron Swartz, Co-Founder, BoldProgressives.org, [email protected]

Katrin Verclas, Co-Founder, MobileActive.org, [email protected]

David Weinberger, Harvard Berkman Center for Internet & Society,
[email protected]

Stanton Williams, Board Chair, ValleyNet, [email protected]

Brian Worobey, CEO, openairboston.net, [email protected]

Esme Vos Yu, founder of Muniwireless.com, [email protected]

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