How Martin's FCC is different from Powell's

[David Farber <dave () farber net>]

Begin forwarded message:

From: "David S. Isenberg" <isen () isen com>
Date: August 7, 2005 6:28:24 PM EDT
To: David Farber <dave () farber net>
Subject: Fwd: [isen.blog] How Martin's FCC is different from Powell's


Dave,

For IP, per your judgement:

The difference between the Powell FCC and the Martin FCC (.doc, .pdf)  
is clear in the FCC's re-statement of Powell's Four Internet Freedoms  
issued Friday!


> Powell: Freedom to access content.
> Martin: Consumers are entitled to access the lawful Internet  
> content of
> their choice.
>
> Powell: Freedom to run applications.
> Martin: Consumers are entitled to run applications and services of  
> their
> choice, subject to the needs of law enforcement;
>
> Powell: Freedom to attach devices.
> Martin: Consumers are entitled to connect their choice of legal  
> devices
> that do not harm the network.
>
> Powell: Freedom to obtain service plan information.
> Martin: Consumers are entitled to competition among network providers,
> application and service providers, and content providers.

And the Martin FCC adds an important footnote:


> All of these principles are subject to reasonable network management.

To Powell, the Internet affords freedoms.
To Martin, the Internet provides not freedoms, but rather  
"entitlements" to "consumers."

To Powell, the freedoms are general.
To Martin, there's an unspoken bias whereby non-consumers (supra- 
consumers?) are subject to different entitlements.

To Powell, the freedoms are absolute.
To Martin, the presumption is that illegal uses are likely; law  
enforcement trumps "consumer" "entitlement" in all cases.  The  
Internet has no presumption of innocence.

To Powell, service plan information should exist in the disinfecting  
light of day.
To Martin, "consumers" need not bother their pretty little heads  
about service plan information; as long as there's  
"competition" (defined as one or more "competitors"(?)), all's right  
with the world.

Oh, and to Martin, there's a gathering danger that "consumer"  
"entitlements" might "harm the network" or depart from "reasonable  
network management."

Also see Susan Crawford's excellent analysis at
http://scrawford.blogware.com/blog/_archives/2005/8/5/1111877.html

Technorati Tags: F2C, FCC, KevinMartin


--
Posted by isen to isen.blog at 8/07/2005 05:07:31 PM

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