Summary for Congress of proposed NN Act Proposal

[David Farber <dave () farber net>]

Begin forwarded message:

From: Seth Johnson <seth.johnson () RealMeasures dyndns org>
Date: June 20, 2006 12:29:19 PM EDT
To: ecommerce () lists essential org, broadcast- 
discuss () lists essential org, A2K () lists essential org, upd- 
discuss () lists essential org, commons-law () sarai net
Subject: [Upd-discuss] Summary for Congress of Our NN Act Proposal


John Mitchell has just produced a wonderful summary of our
proposed legislative approach for Congressional staff.  See
below.


Seth


> http://www.dpsproject.com/CongressSummary.html


Introduction and Summary for Congressional Staff

(Click here for the proposed "Internet Platform for Innovation
Act of 2006" [http://www.dpsproject.com/legislation.html])

Attached is a fresh approach to "network neutrality."  It
recognizes that the Internet is, in fact, neutral.  Neither slick
promotions offering “premium” or “exclusive” services, nor
thoughtful legislation, can change that.  Any service offered by
one of the many networks that form a part of the “network of
networks” called “the Internet” which favors the delivery of some
data packets over others based on their content, source or
destination, is simply not “the Internet.”  To pass off access to
specially modified networks as “Internet access” is false and
deceptive.

In over thirty years of global standards and Internet service
provider behavior, Internet participants have come to assume that
their traffic will be passed without interference. Because the
global “Internet Protocols” of the Internet are based on this
concept, neutrality is inherent in it.  So, when Congress seeks
to preserve network neutrality, it need not do so by “regulating
the Internet,” as it would be difficult and unnecessary to
legislate fundamental global protocols of Internet router
behavior.  Rather, it is far better to allow Internet-connected
services and specially-tailored networks (even if perceived as
more valuable to some) to compete freely in the marketplace,
regulating those who would misrepresent them as “Internet”
services or “Internet access.”  This has the critical advantage
of not allowing the standards to be overridden by these custom
modifications.  Without standards, there is no competition or
ability to connect between networks.

For as long as we have had an Internet, we have also had “local
access networks,” or LAN’s, typically operated within a single
company.  Today, major network access providers have the
capability of offering very large LAN’s, and even networks of
LAN’s, which may look a lot like the Internet to many
unsuspecting consumers.  If such LAN providers happen to be the
only viable choice for Internet access, they will have the power,
working with a few major corporations, to replace the Internet
access for millions of Americans with access to a “walled garden”
containing only such portion of the Internet as they allow, and
in which only those companies willing and able to pay will be
able to have access – or best access – to their subscribers.  It
may be the case that some consumers will prefer the more limited
access being offered, but such offers must compete on their own
merits, and not at the loss of an open, consistent, and
predictable platform for the transport of innovative products and
services by all.  Conversely, if networks that treat applications
specially wish to create a global network consistent with their
practices, they can enter into appropriate processes and work to
develop standards.

Thus, this proposal recommends that Congress authorize the
Federal Trade Commission to enforce a prohibition on false and
deceptive representations pertaining to “Internet access” while
leaving innovative networks free to develop their own proprietary
services, so long as their nature is not misrepresented.  This
approach will enable consumers to make informed comparisons among
the Internet access being offered as distinct from other products
and services offered by their Internet access providers, while
assuring that anyone who purchases true Internet access will get
what they bargained for – access to the global Internet,
unfettered communications throughout the globe, and access by
myriad competitors, individuals, advocates, and news sources
whose products, services and communications can be made available
to them on a level playing field.

    * Introduction and Summary for Congressional Staff
(http://www.dpsproject.com/CongressSummary.html)
    * Facing Reality on Net Neutrality (http://dpsproject.com/)
    * Two Types of Neutrality
(http://www.dpsproject.com/twotypes.html)
    * Proposal: The Internet Platform for Innovation Act of 2006
(http://www.dpsproject.com/legislation.html)

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