Friday, March 20, 2015

3.20.2015



The Internet is Temporarily Saved (Partially) from Profiteers and Fear-Mongers
By Adam Weber

March 20th, 2015

The Internet is a haven of information, freedom, speech and expression never before seen in this world.  With it, students can research papers and projects, a mom can design T-shirts in her living room, civil violations by government officials can be exposed and documented, and activism can reach from small regional avenues to become global movements.  However, a very small collection of conglomerate corporations are determined to purchase the controlling shares of that power.  They are willing to spend whatever dollar amount is necessary to undermine the global phenomenon that the Internet is.  These corporations crave the control of the Internet that would limit access and delivery of content and information based on their bottom line.  This is why Net Neutrality is one of the most important issues to arise in the technological age, and why Net Neutrality must be preserved despite the misinformation from crony politicians.

In economic terms, there has not been a more universally useful tool to businesses, small, large, local or global than the Internet.  The Internet can be referred to as a great equalizer in regards to the low barrier to entry, consumer feedback, instant contact with both consumers and employees, and as a tool to be used to leverage bargaining power of the consumer against the bargaining power of the suppliers and the retailers.  As Senator Marco Rubio would put it, “[The Internet] has become a thriving exhibition of the power of free people operating in a free market to create prosperity and opportunity.”  Yet, he actively campaigns against the Internet being free.

However, the Internet Service Providers (ISPs) have begun to undermine that freedom by charging other businesses extra money to allow data from the other businesses to flow through the ISPs to their customers.  This is an underhanded filthy attempt to extort companies, especially ones that base their entire business model on Internet connectivity.  In doing such, these ISPs have started the process to create both fast lanes for those willing to pay the extra tolls, and slow lanes to punish those that will not be bullied or extorted by the ISPs. 

Additionally, some ISPs, either as mobile or desktop broadband providers, sought to outright block certain content and throttle certain content.  That content included Bittorrent and encryption, both only to a certain extent, yet, they were blocked or throttled.   That type of power cannot be a purchased power, and private companies cannot be tolerated to only disallow content that they perceive as dangerous to their control over media and connectivity.  Obviously, illegal content should not be permitted, and that caveat is also addressed in the Open Internet rules from the FCC.
There is fear-mongering stating that foreign governments are using the Net Neutrality ruling to gain international control over the Internet.  Nothing could be further from the truth regarding the control of the Internet.  Certain oppressive regimes would love to have their power enhanced by control of the Internet, but as we have seen throughout the last few decades, freedom prevails in these instances.  We get videos uploaded from Iran, we get tweets from Afghanistan and Pakistan, and we even get content out of China and Russia.  This idea is nothing more than paranoia.  However, corporations are watching the government closely, because they cannot wait to seize power at the first instance of weakness.  Being uninformed and contentious regarding Net Neutrality is weakness that these ISPs and other media corporations will capitalize on.

The importance of the Internet makes this issue one of the most important issues of this age.  While other systems of American government need to be updated, addressed, or removed, everyone must start somewhere, and with the penalty for allowing the ISPs this unregulated power being so high, it was necessary to address it immediately.

In 2014, the case of Verizon Communications Inc. v. Federal Communications Commission stated that since ISPs were not identified as common carriers, they could not be held to the same standard as common carriers.  In addition, the FCC proposed other much more beneficial (to the corporations) plans to regulate the ISPs and corporate interests, but none of them were adopted.  This is the reason for the reclassification; basically, the ISPs became too greedy for power.

Net Neutrality is known as The Open Internet Order and is an eight page document of information reclassifying ISPs to common carriers under Title II of the Communications Act first written in 1934 and Section 706 of the Telecommunications Act of 1996.  Any provisions that are not relevant to the reclassification to common carriers are legally prevented from being enforced under the Order.  The rest of the Order is supporting documentation from the Acts that has been in writing all along.

The power to make this reclassification comes from the fact that the FCC is a board that consists of five commissioners appointed by the President, confirmed by the Senate, and granted authority by Congressional statute 47 U.S. Code Sections 151 and 154.  Despite even more fear-mongering and misinforming coming from Open Internet dissenters, the five commissioners are all legally granted power to regulate communications by radio, television, wire, satellite, and cable in all 50 states, the District of Columbia and U.S. territories.  They are not unelected bureaucrats, they are appointed and confirmed commissioners.

The Internet began as a public good, a public service, controlled by the government, and used for the government.  Since that beginning as ARPANET, the Internet has turned into a truly magnificent human creation, and it is nearly unstoppable in scope and measure.  However, we have an obligation to continue to utilize the Internet in a free and open manor.  That includes preventing corporations from extorting money from small businesses, non-profits, religious group, anti-religious groups, or anyone or any entity engaged in expression.  Since the government is the representative body of the people, it is the responsibility of the government to ensure that this freedom is protected.