Net Neutrality An Overview

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Net Neutrality An Overview

• Bob BocherTechnology Consultant, WI Dept of
  Public Instruction, State Division for
  Libraries608-266-2127, robert.bocher_at_dpi.wi.gov
• dpi.wi.gov/pld/ppt/netneutral.ppt
• (Updated April 2008)

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Topics to Cover

• Definition and background
• Internet and FCC regulations
• Who supports what?
• Recent actions

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Net Neutrality A Definition
Net Neutrality Accessing any content or using
any service or application is done in a neutral
fashion. That is, there is no network
configuration, policy, or practice, outside of
end user control or end user knowledge, that
discriminates against certain content, services,
or applications.
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Net Neutrality - Background

• Neutrality issue predates the Internet
• Based on common carriage. For telecom
• No one is refused service all calls are
  connected regardless of content or location
• Major legal and regulatory difference between
• Telecommunication service (Title II)
• Strong common carrier language
• Information service (Title I)
• Weak language
• Internet is an information service

47 U.S.C. 202 It shall be unlawful for any
common carrier to make any unjust or unreasonable
discrimination in charges, practices, or services
by any means or device, or to subject any person
to any unreasonable prejudice or disadvantage.
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The Internet and FCC Regulations

• 1990s Most consumers had dial-up
• More than 7,500 dial-up ISPs
• ISPs used telecom provider circuits
• Most telecom/cable companies were not ISPs
• 2000s More consumers moving to broadband
• More telecom/cable companies providing BB
• Eroding line between telecom providers and ISPs

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The Internet and FCC Regulations

• 2000s Broadband debate and neutrality issue
• Digital divide U.S. 15th - 20th in residential
  BB
• Presidents BB initiative Connect all by 2007
• FCC encourages more BB access
• More access based on more competition
• More competition based on less regulation
• 2002 FCC says cable ISPs not subject to strong,
  common carrier regulation
• Provide information service

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The Internet and FCC Regulations

• June 2005 Supreme Court Brand X decision
• Sept 2005 FCC deregulates broadband
• Treat telecom and cable ISPs the same
• Removes common carrier language no strong legal
  protection for maintaining neutral Internet
• Telecom circuit is now ancillary to unregulated
  Internet
• Issues Broadband Access to the Internet
  principles

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Net Neutrality Statement
The Commission has decided to reclassify
broadband transmission facilities as Title I
information services rather than Title II
telecommunications services. To the
uninitiated this sounds like semantics. But it
has real consequences. Thats because the
nondiscrimination obligations that attach to
telecommunications traffic and which were vital
to keeping the Internet open in the dial-up era
no longer apply to broadband services. We need
a watchful eye to ensure that network providers
do not become Internet gatekeepers, with the
ability to dictate who can use the Internet and
for what purpose. FCC
Commissioner Michael Copps, Sept 2005
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Net Neutrality - Who Supports What?

• Neutrality generally supported by
• Consumer organizations
• Organizations supporting First Amendment
• Content providers
• Education and library community
• Neutrality generally opposed by
• Telecom/cable companies
• Internet service providers
• Organizations opposed to government regulation

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Net Neutrality Recent Activities

• 2007 FCC issues Broadband Notice of Inquiry
• Internet Freedom Preservation Act (S.215)
• Has common carrier protections
• Comcast blocks or delays P2P traffic
• FCC investigates holds hearings
• Comcast and BitTorrent reach agreement
• Will develop a P2P bill of rights
• ATT to filter Net content?

The FCC is still investigating whether the
Comcast actions violated our principles
protecting consumer access to the Internet.
--FCC Chairman Kevin Martin, April 22, 2008
This is not about the vast majority of customers
who consume content legally. This is about
combating illegal activity. Michael Balmoris,
ATT, Jan. 2008
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Net Neutrality Questions??

• Bob BocherTechnology Consultant, WI Dept of
  Public Instruction, State Division for
  Libraries608-266-2127, robert.bocher_at_dpi.wi.gov
• dpi.wi.gov/pld/ppt/netneutral.ppt

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Home Broadband Adoption 2007(http//www.pewinte
rnet.org/PPF/r/217/report_display.asp)
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