10 Reasons Why New Internet Regulations Impede Common Goals of Connecting All Americans and Closing Digital Divide
1. Considerable progress has been made in our first broadband decade – progress that has only been achieved because of the FCC’s longstanding, deregulatory approach to the Internet. In roughly ten years we have gone from practically zero broadband deployment to more than 95 percent availability and 63 percent adoption, according to the FCC and Pew.
2. The open Internet exists today. We have been living with ‘net neutrality’ since 2004, when it was established that companies cannot control the content and applications that people are able to access online.
3. The net neutrality debate, which only concerns those already online, is a distraction from creating an effective National Broadband Plan. The people who have the most to lose from this balancing act are the socially and economically disenfranchised – members of rural, low-income, urban, tribal, minority, non-English speaking, unserved and underserved populations.
4. The Commission’s recent request for an extension of time to deliver a National Broadband Plan underscores the need for the agency to devote more – not less – attention and resources to completing a national strategy.
5. Experts on the digital divide have not cited “lack of net neutrality regulations” as either a cause or a cure for race or income-based differences in broadband adoption. The current net neutrality war that has erupted in Washington, DC has very little to do with the interests of the unserved and underserved.
6. It is impossible to know for sure how new Internet regulations would impact private investment, and a decline in capital investments in broadband could have a harmful effect on jobs and the US economy. In fact, a reduction by five percent would reduce employment by 47,073 according to research from the ITIF or 78,455 according to former FCC commissioner and economist Harold Furchtgott-Roth.
7. Today’s open Internet is making possible huge innovation. We reduce the possibilities and raise barriers if we don’t give everyone access to smart networks.
8. Lack of net neutrality regulations cannot be reduced to “charging more fees and extracting more money from wealthier customers.” On the contrary, the FCC has laid out six principles of net neutrality, which have the potential to impact Americans at every level of income.
9. In a 2009 poll of 900 African Americans and Hispanics conducted by Brilliant Corners Research, led by Obama Presidential Campaign and Democratic Pollster Cornell Belcher, 43 percent of these minorities cited either not knowing how to use the Internet or not seeing the need for the Internet as the reason why they are not online; however, 44 percent of these same respondents said they would be more likely to subscribe to Internet services if they were provided free lessons on how to use the technology and 30 percent would be more likely to adopt if they had more information about how they could benefit from going online.
10. There are more significant policy challenges and opportunities demanding FCC attention and cooperation with industry, such as reforming the universal service fund, expanding spectrum availability for commercial use, and improving digital literacy.
Via Broadband Breakfast, three minority business groups — the National Black Chamber of Commerce, the National Gay and Lesbian Chamber of Commerce, and the U.S. Hispanic Chamber of Commerce — held a conference call yesterday to express their concerns over the effect of proposed net neutrality regulations:
The business officials expressed concern over internet regulation, emphasizing their priority to bring broadband access to minority populations.
They said that broadband plays a role in job creation and as a vehicle for innovation, growth, and competition. This, they said, was a reason to avoid net neutrality regulations, as they could slow down the deployment of broadband networks in underserved areas.
With estimates for the final tab of a national broadband plan reaching as high as $350 billion, private investment will be critical for wiring America. Any new regulations that stall investment could put nationwide broadband out of reach.
Today’s Wall Street Journal profiles start-up Move Networks Inc., which is hoping to create a full-on television network online:
If the company is able to launch the service it is now pitching to broadcasters—tentatively dubbed Move TV—viewers could watch programs in one of three ways: via a computer’s Web browser; on a television that is either equipped with a built-in Internet jack or connected to a set-top converter box; or on a wireless, Internet-connected device like an iPhone or iPad.
Because Move isn’t laying cable or launching satellites, the company’s executives argue they can charge consumers far less than traditional pay-television operators for a comparable suite of channels. Move hopes to undercut those operators further by offering a pared-down lineup—perhaps as few as 80 to 100 channels.
So far Move Networks has received funding from the likes of Microsoft, Comcast, and Disney. But whether consumers — not to mention America’s broadband infrastructure — are ready for a fully online TV network remains to be seen.
Elsewhere in the online TV landscape, USA Today reports that popular video site Hulu is flirting with the idea of charging for some content.
Post Tech looks at a new survey from computer security company Sophos on social networking sites and cyber attacks:
Sophos said that reports by companies of spam and malware derived from social networks such as Facebook, MySpace and Twitter were up 70 percent from a year earlier. And of the 500 companies surveyed, 60 percent said Facebook—by far the largest social network internationally—posed the biggest security risk.
“2009 saw Facebook, Twitter and other social networking sites solidify their position at the heart of many users’ daily internet activities, and saw these websites become a primary target for hackers,” according to the report. “Because of this, social networks have become one of the most significant vectors for data loss and identity theft.”
In a move that has immediately sparked concerns over free speech, the South Australian government has taken the bold step of censoring Internet speech. The new law, which had the support from both major parties, forces anyone commenting on an upcoming election online to do so under their real name and postcode.
During a special YouTube event yesterday, President Obama re-declared his commitment to proposed net neutrality regulations. Via Multichannel News:
“I’m a big believer in net neutrality,” he said. “I campaigned on this. I continue to be a strong supporter of it. My FCC chairman Julius Genachowski has indicated that he shares the view that we’ve got to keep the Internet open, that we don’t want to create a bunch of gateways that prevent somebody who doesn’t have a lot of money but has a good idea from being able to start their next YouTube or their next Google on the Internet.”
The president went on to say that the administration was getting “pushback, obviously, from some of the bigger carries who would like to be able to charge more fees and extract more money from wealthier customers.” Not addressed, however, were the concerns from many of the people against new regulations that imposing net neutrality could hurt private investment in the Internet and further exacerbate the digital divide.
With the FCC moving forward with its proposed net neutrality regulations, at least one member of the commission is already warning that any new regulations will surely face a legal challenge once enacted. Reports PC World:
If the U.S. Federal Communications Commission adopts broad new net neutrality regulations, the agency’s authority to do so will be challenged in court, predicted Robert McDowell, a member of the commission.
It’s unclear whether the FCC has the authority to create net neutrality rules for broadband providers, which under current FCC rules are classified as largely unregulated information services, McDowell said Friday during a speech at a Free State Foundation broadband policy forum. And the suggestion by some advocacy groups that the FCC reclassify broadband services as more heavily regulated common carrier services would also face lawsuits, he said.
AGREEMENT BETWEEN USER AND Internet Innovation Alliance
The Internet Innovation Alliance Web Site is comprised of various Web pages operated by Internet Innovation Alliance.
The Internet Innovation Alliance Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Internet Innovation Alliance Web Site constitutes your agreement to all such terms, conditions, and notices.
Internet Innovation Alliance reserves the right to change the terms, conditions, and notices under which the Internet Innovation Alliance Web Site is offered, including but not limited to the charges associated with the use of the Internet Innovation Alliance Web Site.
LINKS TO THIRD PARTY SITES
The Internet Innovation Alliance Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Internet Innovation Alliance and Internet Innovation Alliance is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Internet Innovation Alliance is not responsible for webcasting or any other form of transmission received from any Linked Site. Internet Innovation Alliance is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Internet Innovation Alliance of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Internet Innovation Alliance Web Site, you warrant to Internet Innovation Alliance that you will not use the Internet Innovation Alliance Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Internet Innovation Alliance Web Site in any manner which could damage, disable, overburden, or impair the Internet Innovation Alliance Web Site or interfere with any other party’s use and enjoyment of the Internet Innovation Alliance Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Internet Innovation Alliance Web Sites.
USE OF COMMUNICATION SERVICES
The Internet Innovation Alliance Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Internet Innovation Alliance has no obligation to monitor the Communication Services. However, Internet Innovation Alliance reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Internet Innovation Alliance reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Internet Innovation Alliance reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Internet Innovation Alliance’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Internet Innovation Alliance does not control or endorse the content, messages or information found in any Communication Service and, therefore, Internet Innovation Alliance specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Internet Innovation Alliance spokespersons, and their views do not necessarily reflect those of Internet Innovation Alliance.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Internet Innovation Alliance OR POSTED AT ANY Internet Innovation Alliance WEB SITE
Internet Innovation Alliance does not claim ownership of the materials you provide to Internet Innovation Alliance (including feedback and suggestions) or post, upload, input or submit to any Internet Innovation Alliance Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Internet Innovation Alliance, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Internet Innovation Alliance is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Internet Innovation Alliance’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Internet Innovation Alliance WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Internet Innovation Alliance AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Internet Innovation Alliance WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Internet Innovation Alliance WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Internet Innovation Alliance AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Internet Innovation Alliance WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Internet Innovation Alliance AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Internet Innovation Alliance reserves the right, in its sole discretion, to terminate your access to the Internet Innovation Alliance Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Internet Innovation Alliance Web Site. Use of the Internet Innovation Alliance Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Internet Innovation Alliance as a result of this agreement or use of the Internet Innovation Alliance Web Site. Internet Innovation Alliance’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Internet Innovation Alliance’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Internet Innovation Alliance Web Site or information provided to or gathered by Internet Innovation Alliance with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Internet Innovation Alliance with respect to the Internet Innovation Alliance Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Internet Innovation Alliance with respect to the Internet Innovation Alliance Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Internet Innovation Alliance Web Site are: and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.