U.S. Sen. John McCain has introduced legislation that would
block the Federal Communications Commission from creating new
net neutrality rules, on the same day that the FCC took the
first step toward doing so.
McCain on Thursday introduced the Internet Freedom Act, which
would keep the FCC from enacting rules prohibiting broadband
providers from selectively blocking or slowing Internet content
and applications. Net neutrality rules would create "onerous
federal regulation," McCain said.
The FCC voted Thursday to begin a rulemaking process to
formalize net neutrality rules. The rules, as proposed, would
allow Web users to run the legal applications and access the
legal Web sites of their choice. Providers could use
"reasonable" network management to reduce congestion and
maintain quality of service, but the rules would require them to
be transparent with consumers about their efforts.
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The new rules would formalize a set of net neutrality principles
in place at the FCC since 2005.
McCain, an Arizona Republican, called the proposed rules a
"government takeover" of the Internet that will stifle
innovation and depress an "already anemic" job market in the
United States. McCain was the Republican challenger to President
Barack Obama in the 2008 election, and Obama has said net
neutrality rules are among his top tech priorities.
McCain protested the FCC's proposal that wireless broadband
providers be included in the rules. The wireless industry has
"exploded over the past 20 years due to limited government
regulation," McCain said.
"Today I'm pleased to introduce the Internet Freedom Act of 2009
that will keep the Internet free from government control and
regulation," McCain said. "It will allow for continued
innovation that will in turn create more high-paying jobs for
the millions of Americans who are out of work or seeking new
employment. Keeping businesses free from oppressive regulations
is the best stimulus for the current economy."
It's unclear whether the legislation would pass. Democrats, who
generally support net neutrality rules, have majorities in both
the Senate and the House, but in recent days, more than 70 House
Democrats have written the FCC expressing concern over net
neutrality regulations.
Elsewhere, reaction to the FCC's decision was mixed.
Supporting net neutrality rules:
"Network neutrality protects the fundamental rights of Americans
in using the Internet and accessing content, applications, and
services of their choice. A well-reasoned network neutrality
policy also ensures a level playing field for companies large
and small as they create an online presence, and will continue
to foster the entrepreneurial innovation found not only in
corporate office suites, but in college dorms across the
country." � Statement from Sens. Byron Dorgan, a North Dakota
Democrat, and Olympia Snowe, Maine Republican.
"It is clear to us that at the end of the proceeding, consumers
and innovators will benefit from an open and nondiscriminatory
Internet. As a result, the economy will benefit in the future,
as it did in the past, from the stability of an Internet that
grants equal opportunity to all to participate in an open
Internet environment." �Gigi Sohn, president of Public
Knowledge, a digital rights group.
"This is a down payment on creating a digital democracy. Today's
vote to begin the process of requiring nondiscrimination
ensures, among other things, that large internet providers will
be unable to block or throttle speech from competitors or those
who disagree with them. The nondiscriminatory environment in
which the Internet was developed fostered unprecedented
opportunities for political and artistic expression." Andrew Jay
Schwartzman, president and CEO of the Media Access Project, a
media reform and digital rights group.
Opposed to net neutrality rules:
"I remain concerned ... that the FCC is poised to take intrusive
action into a well-functioning Internet ecosystem without either
the demonstrated need or clear legal authority to do so. I know
of no empirical evidence suggesting that the openness of the
Internet that we all value is under threat today, or is likely
to be under threat tomorrow. In the absence of evidence of
market failure or demonstrable consumer harms, the costs of
government intervention are more likely to outweigh the
benefits." � Barbara Esbin, a senior fellow at the Progress and
Freedom Foundation, a free-market think tank.
"As the FCC's Broadband Task Force said recently, it could take
$350 billion to build next-generation broadband across America,
and most of that money will have to come from the private sector
and companies like Comcast. We continue to hope that any rules
adopted by the commission will not harm the investment and
innovation that has made the Internet what it is today and that
will make it even greater tomorrow." � David Cohen, executive
vice president at Comcast
"I understand there is a regulatory revival climate in
Washington under the Obama administration, but the FCC's launch
of a rulemaking proceeding to adopt new Internet regulations
stands out as an example of a proposed regulation in search of a
problem that will then search for a solution to address the non-
problem. At the FCC meeting, there was absolutely no evidence
presented by the FCC's staff of any market failure or pattern of
marketplace abuses. It is risky business for regulators to mess
with a technologically dynamic environment that is working well
for American consumers and the economy." � Randolph May,
president of the Free State Foundation, a free-market think tank.
This must be the new Johnnie McCain. The one we saw in the last
election. The one that eschews freedom of speech.
Just don't come bitching to the rest of us when you say something
online that your ISP doesn't like and they ban you for life.
Or maybe they'll do us all a favor and block your access to usenet.