Net Neutrality Overview

TIMELINE AND OVERVIEW October 27, 2009

1860 20th Century Pacific Telegraph Act guarantees “messages received . . .shall be impartially transmitted in the order of their reception”.

1860 20th Century 2002 002 FCC rules cable broadband providers are information services and do not have to share their lines with competing ISPs.

Supreme Court Brand X FCC Adopts Net Internet Services ruling Neutrality Principles upholds FCC 2002 ruling. MARCH JUNE JULY AUG 2005 2005 2005 2005 FCC Fines Small Canadian ISP blocked access ISP for blocking to pro-union website and access to VOIP other sites during labor dispute

AT&T Chairman Edward E. Whitacre Jr. November 2005 :

Arguments for Neutrality • Pro-Competition/Pro-Innovation • Key to Internet Success • ISPs want to be be gatekeepers - stifle competition and innovation - power to discriminate . Website: http://www.savetheinternet.com

Advocates Major Corporate Players: Amazon, earthlink, eBay, Google, Vonage, Yahoo! Tech Groups and Thought Leaders: Bill Moyers, Craig Newmark, Harvard Berkman Center, Professor Lawrence Lessig, Tech Net Selected Newspapers: New York Times, San Francisco Chronicle, San Jose Mercury Press Unions and Major Associations: AAARP, American Civil Liberties Union. American Library Association, Christian Coalition of America. Common Cause, Consumer Federation of America, Consumers Union, Environmental Defense Institute, Feminist Majority, Free Press, Gun Owners of America, Moveon.org Civic Action, SEIU Celebrities: Moby, REM, Alyssa Milano

Arguments Against Neutrality • Internet has succeeded because of absence of regulation • Proposal would reduce incentive for investment in broadband infrastructure and deployment. – Invitation to litigation • Broadband network providers need ability to control access to manage bandwidth needed to assure quality of their own video and other services – Video content and VoIP will increase demand for bandwidth – Google, eBay and others want to “shift the financial burden of paying for these upgrades onto the backs of ordinary consumers.” – Mike McCurry – Co- Chairman, Hands Off The Internet. Website – http://handsoff.org

Opponents Major Corporate Players: 3M, AT&T, Comcast, Time-Warner, Verizon Tech Groups and Thought Leaders: NetCompetition.org, Latinos in Information Sciences and Technology Selected Newspapers: Wall Street Journal, Washington Post, Washington Times Unions and Major Associations: Communications Workers of America, American Conservative Union, National Association of Manufacturers

Net Neutrality Scorecard 2006

Capitol Hill & Home Court Advantage Internet v. Telecom/Cable Campaign Contributions 2004-2006 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0 l ta l th ta C e &T on o ay on To gl ou ho To SB az eb ri z oo AT le S Ya et Am Ve G ab ll rn Be /C te m In co le Te Note: Industry total represents the combined total of the companies listed and not the industry as a whole.

Welcome to the Big Leagues

• Discrimination – Shaw, a big Canadian cable TV company, is charging an extra $10 a month to subscribers in order to "enhance" competing Internet telephone services. Warning Signs • – Comcast, Cox block BitTorrent Censoring – Time Warner's AOL blocked all emails that mentioned www.dearaol.com — an advocacy campaign opposing the company's pay-to-send e-mail scheme. – AT&T censors political comments made by Pearl Jam in concert webcasts • Anti-Competitive – Cox Communications has been disrupting access to Craigslist over its broadband Internet network, while Bell South has reportedly disrupted access to MySpace. • Gate Keeping – ISPs begin to discuss tiered or metered service.

Oct 09: Calling FCC action a Oct 09: FCC Unanimously “government takeover of the moves to begin process to Internet” Sen. McCain formalize Neutrality Principles introduces legislation to block and Extend to Mobile Platforms FCC from acting

Supplemental Materials

http://www.fas.org/sgp/crs/misc/RS22444.pdf http://www.lessig.org/blog/2008/04/testifying_fcc_stanford.html

Bennet Kelley Bennet Kelley founded the Internet Law Center in 2007 after a decade of activity in many of the hottest internet issues including behavioral targeting, cyber squatting, net neutrality, privacy, spam and spyware. Prior to launching the Internet Law Center, Bennet worked in-house with companies such as ETM Entertainment Network, SpeedyClick.com, Hi-Speed Media and ValueClick. Bennet is Co-Chair of the California Bar's Cyberspace Committee and has played a leading role in shaping Internet law and policy. Bennet testified before the California Senate Business & Professions Committee on its landmark 2003 spam legislation and was praised by the House Energy & Commerce Committee for his bkelley@internetlawcenter.net contributions to federal spyware legislation. He also launched an initiative through the Cyberspace Committee to develop a cyberspace primer for incoming state legislators. In addition, Bennet has extensive political experience that includes serving as National Co-Chair of the Democratic National Committee's Saxophone Club (its young professional fundraising and outreach arm) during the Clinton era and being an award winning political columnist for Huffington Post.

The Internet Law Center is dedicated to helping businesses navigate the evolving legal standards for today’s digital economy, while also contributing to the development of the policies of tomorrow. The firm serves a diverse client base that includes startups and WE KNOW THE INTERNET public companies both online and offline across North America and Asia. Internet Law Center The professionals of the Internet Law Center possess 100 Wilshire Blvd., Suite 950 years of practical experience as lawyers and Santa Monica, CA 90401 www.internetlawcenter.net entrepreneurs with internet companies and have played a leading role in shaping Internet law and policy. This Santa Monica Washington South Carolina unprecedented combination of business, legal and policy experience makes the Internet Law Center uniquely qualified to provide the professional advice needed to address emerging issues of internet law in an uncertain economy. Sign up for Cyber Report – our award winning newsletter which was named one of the Top 100 Internet Law Resources and re-launches this fall.

Net Neutrality Overview

by Bennet Kelley on Oct 27, 2009

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