Thousands Sign Petition Protesting Net Neutrality Loopholes for Copyright Enforcement: Via EFF.org Updates.

San Francisco - The Electronic Frontier Foundation (EFF) submitted a petition signed by more than 7000 people to the Federal Communications Commission (FCC) today demanding that the agency close a loophole for copyright enforcement in its proposed regulations for network neutrality.

The petition is part of EFF's reply comments in the FCC's net neutrality rulemaking. The FCC's proposed rules generally prohibit ISPs from discriminating or blocking lawful content, but include a loophole for 'reasonable network management' by ISPs. The proposed rules then define 'reasonable network management" to include measures taken by ISPs to block unlawful content or transmissions. This exception would effectively permit ISPs to violate net neutrality rules and block lawful activities in the name of copyright enforcement.

"We can't afford to let lawful speech become collateral damage in Hollywood's war on copyright infringement," said EFF Senior Staff Attorney Fred von Lohmann. "Net neutrality regulations should not excuse ISPs that interfere with lawful content just because they claim they were acting as copyright cops." [ Read more ... ]

Net Neutrality book now out: Via IT Law in Ireland.

I've been looking forward to reading Chris Marsden's new book Net Neutrality and am glad to see that it's now been released by Bloomsbury - with a free download (PDF) under a CC licence being the icing on the cake. This passage gives a sense of the perspective he takes: [ Read more ... ]

Netflix to FCC: scary loophole in net neutrality rules: Via Law & Disorder Section - Ars Technica.

Netflix, the company that mails out DVDs and streams movies to millions of home theater potatoes, made the rounds to the Federal Communications Commission on Friday. The company's general counsel told staffers and Commissioners that the movie rental distributor supports the agency's proposed Internet nondiscrimination rules. But they also include a potentially nasty loophole, Netflix warned—the "managed services" category that the Commission created in its Notice of Proposed Rulemaking back in October.

Read Original Article:(Via Law & Disorder Section - Ars Technica.)

12 Trends to Watch in 2010: Via EFF.org Updates.

It's the dawn of a new year. From our perch on the frontier of electronic civil liberties, EFF has collected a list of a dozen important trends in law, technology and business that we think will play a significant role in shaping online rights in 2010.

In December, we'll revisit this post and see how it all worked out. [ Read more ... ]

Comcast wants "clear rules," even if it means net neutrality: Via Law & Disorder Section - Ars Technica.

Comcast wants "clear rules" from the FCC when it comes to network management, and it wants them so badly that it's even willing to accept network neutrality as the price of getting them. What the huge ISP does not want is the kind of ambiguity that led to so much acrimony about its P2P blocking in 2008, and which is now being hashed out in a DC courtroom.

Read Original Article:(Via Law & Disorder Section - Ars Technica.)

John Morris will speak at a National Town Hall Webcast on Net Neutrality, Copyright Protection and the National Broadband Plan: Via CDT - Center for Democracy & Technology.

January 19, 2010 - 8:00am - 11:00am

John Morris

Internet Openness & Standards

Internet Neutrality

John Morris will speak at a National Town Hall Webcast on Net Neutrality, Copyright Protection and the National Broadband Plan.

Federal Communications Commission Chairman Julius Genachowski has confirmed that he will offer video remarks to kick off the Town Hall Webcast, by BroadbandBreakfast.com. [ Read more ... ]

Skeptical judges ask FCC if Comcast P2P smackdown was legal: Via Law & Disorder Section - Ars Technica.

Comcast has had its day in court over the issue of "network management." News accounts suggest that the three-judge panel from the DC Court of Appeals was plenty skeptical that the FCC had the proper authority to sanction Comcast's BitTorrent blocking in 2008. [ Read more ... ]

Search Neutrality ≠ Net Neutrality: Via Freedom to Tinker.

Sunday’s New York Times featured a provocative op-ed arguing in addition to regulating “net neutrality” the FCC should also effectuate “search neutrality” - requiring search providers rank results without consideration of business entities. The author heaps particular scorn upon Google for promoting its own context-relevant services (i.e. maps and weather) at the fore of search results. Others have already reviewed the proposal, leveled implementation critiques, and criticized the author’s gripes with his own site. My aim here is to rebut the piece’s core argument: the analogy of search neutrality to net neutrality. Clearly both are debates about the promotion of innovation and competition through a level playing field. But beyond this commonality the parallel breaks down. [ Read more ... ]

Big wireless to FCC: be consistent—except when it benefits us: Via Law & Disorder Section - Ars Technica.

Lobbying is a fast and furious game, one where the lobbyists must make every attempt to present things that benefit their industry as if they are a triumph of dispassionate reason—even when their positions seem to contradict one another.

The wireless phone industry filed a document (PDF) Tuesday with the FCC that led us to ponder the mysteries of the lobbyists, [ Read more ... ]

Comcast settles P2P throttling class-action for $16 million: Via Law & Disorder Section - Ars Technica.

Comcast has agreed to settle a class-action lawsuit over the throttling of P2P connections that had users up in arms in late 2007 and 2008. The company still stands behind its controversial methods for "managing" network traffic, but claims that it wants to "avoid a potentially lengthy and distracting legal dispute that would serve no useful purpose." [ Read more ... ]

House, Senate get separate bills to kill net neutrality: Via Law & Disorder Section - Ars Technica.

Real argument about "network neutrality" is fascinating stuff, provocative and well worth anyone's time if they care about the Internet. Unfortunately, Congress isn't great at having intelligent arguments, and net neutrality is rapidly on its way to becoming the latest victim of the Sound Bite Wars. [ Read more ... ]

FCC proposes network neutrality rules (and big exemptions): Via Law & Disorder Section - Ars Technica.

As expected, the FCC laid out its draft network neutrality rules at an open meeting today. Despite the partial dissent of the two Republican commissioners, the pro-neutrality faction has won a major rhetorical battle; even its toughest opponents sing the praises of a "free and open Internet."

The draft rules are short, taking up less than two pages of text. At their heart are the four existing "Internet freedoms" that the FCC approved back in 2005:

Read Original Article:(Via Law & Disorder Section - Ars Technica.)

Is Net Neutrality a FCC Trojan Horse?: Via EFF.org Updates.

On Thursday, Federal Communications Commission (FCC) Chairman Julius Genachowski is expected to unveil draft rules aimed at imposing network neutrality obligations on Internet Service Providers (ISPs). In the excitement surrounding the announcement, however, many have overlooked the fact that the this rulemaking is built on a shoddy and dangerous foundation – the idea that the FCC has unlimited authority to regulate the Internet.

Genachowski has announced that the draft regulations will require ISPs to abide by the "Four Freedoms" set forth in the FCC's 2005 Internet Policy Statement, as well as the additional principles of nondiscrimination and transparency. EFF strongly believes in these six principles. Our work speaks for itself: we are developing software tools to Test Your ISP in the wake of uncovering Comcast’s meddling with BitTorrent traffic, seeking a DMCA exemption to let you run applications of your choice on your mobile phone, and fighting Hollywood’s efforts to force DRM restrictions into your television. [ Read more ... ]

GOP senators: Net neutrality rule making must be bipartisan: Via Law & Disorder Section - Ars Technica.

Now out of power, the Republican party is preaching the virtues of bipartisanship. A new letter from 18 Republican senators to FCC Chairman Julius Genachowski opens with a line of congratulations but moves quickly to the real business at hand: telling Genachowski that he had better not plan on moving forward with his ambitious net neutrality agenda unless he has bipartisan support. [ Read more ... ]

Is AT&T about to clamp down on heaviest iPhone data users?: Via Law & Disorder Section - Ars Technica.

Yesterday at the CTIA Wireless IT & Entertainment 2009 conference, both FCC Chairman Julius Genachowski and AT&T Mobility CEO Ralph de la Vega gave keynote addresses. While Genachowski stressed the importance of developing "sensible rules of the road" for wireless network neutrality, de la Vega strongly urged that wireless networks must be managed, repeatedly suggesting that net neutrality regulation would let a few heavy data users "crowd out the many" on its 3G data networks. [ Read more ... ]

Editorial: "Network neutrality" or "network neutering"?: Via Ars Technica.

Win the words, win the war? That's the thinking of some network neutrality opponents, who are on a campaign to rebrand the concept as "net neutering."

The campaign gained traction at the Wall Street Journal last week, where an editorial page writer took a courageous stand against FCC Chairman Julius Genachowski's "net-neut initiative." The editorial, called "Neutering the 'Net," argues that the idea is "perhaps the most talked-about, least-seen bogeyman in the history of bogeymen" because the US has such a competitive marketplace for broadband that ISPs can't "run their systems on any basis other than trying to keep customers maximally happy." Net neutrality, therefore, could do nothing but stifle innovation.

Read Original Article:(Via Ars Technica.)

The Markey Net Neutrality Bill: Least Restrictive Network Management?: Via Freedom to Tinker.

It's an exciting time in the net neutrality debate. FCC Chairman Jules Genachowski's speech on Monday promised a new FCC proceeding that will aim to create a formal rule to replace the Commission's existing policy statement.

Meanwhile, net neutrality advocates in Congress are pondering new legislation for two reasons: First, there is a debate about whether the FCC currently has enough authority to enforce a net neutrality rule. Second, regardless of whether the Commission has such authority today or doesn't, some would rather see net neutrality rules etched into statute than leave them to the uncertainties of the rulemaking process under this and future Commissions.

One legislative proposal comes from Rep. Ed Markey and colleagues. Called the Internet Freedom Preservation Act of 2009, its current draft is available on the Free Press web site. [ Read more ... ]

FCC Chairman Hits the Right Notes in Neutrality Speech: Via CDT - PolicyBeta.

FCC Chairman Julius Genachowski this morning ushered in a new phase of the long-running Internet neutrality debate. Over the past few years, the FCC has established some basic principles in a “Policy Statement.” It has issued Notices of Inquiry on network practices and held public meetings on the topic. And it has accused Comcast of violating the Policy Statement, resulting in a pending lawsuit. But now, the FCC will seek to adopt actual rules.

Genachowski’s speech touched on many themes that CDT has been stressing for a long time. (CDT issued this statement shortly after the speech was publicly released.) It is great to see that the FCC’s Chairman shares our perspective to such a remarkable degree. For example: [ Read more ... ]

"Preserving a Free and Open Internet: A Platform for Innovation, Opportunity, and Prosperity": Via OpenInternet.gov.

Prepared Remarks of
Chairman Julius Genachowski
The Brookings Institution, Washington DC
September 21, 2009

I’d like to thank Brookings for hosting me and this discussion about the future of broadband and the Internet.

We’ve just finished a summer of big-ticket commemorations, celebrating the 40th anniversaries of the Apollo landing and of Woodstock; 1969 was also a good year to be a kid in New York, with Joe Namath calling the Super Bowl, and the Knicks’ season that ended with the legendary Willis Reed in Game 7. I grew up a long fly ball from Shea Stadium and soaked up every minute of the Miracle Mets’ season. Maybe that’s why I tend to believe in miracles. [ Read more ... ]

FCC Will Get Passing Votes for Net Neutrality: Via Post I.T. - A Technology Blog From The Washington Post - (washingtonpost.com).

The Federal Communications Commission's proposal of new rules to prevent companies such as AT&T, Verizon and Comcast from deliberately blocking or slowing certain Web traffic is expected to receive a passing three votes out of the five-member agency, according to sources.

The proposal, to be announced Monday by FCC Chairman Julius Genachowski, will include an additional guideline for carriers that they make public the way they manage traffic on their network, according to sources at the agency. The additional guideline would be a "sixth principle" to four existing guidelines adopted in 2005 on Internet network operations. A fifth principle is expected to be announced by Genachowski on Monday during a speech at the Brookings Institute that would prohibit the discrimination of applications and services on telecommunications, cable and wireless Internet networks. [ Read more ... ]

BT wants BBC to pay-up for iPlayer: Via PC Pro: News.

BT is tired of the BBC and other video sites getting a "free ride" on its networks.
Last week a row erupted between BT and the BBC, after it emerged that BT was choking iPlayer streams on some of its broadband packages, which the broadcaster said was hurting viewers' ability to watch television online.

John Petter, managing director of BT Retail's consumer business, has now accused the BBC of getting a "free ride".

"We can't give the content providers a completely free ride and continue to give customers the [service] they want at the price they expect," he told the Financial Times, adding it wasn't only the BBC that was the burden, but any sites offering streaming video. [ Read more ... ]

Threat To Net Neutrality In Europe: Via Slashdot.

Narcissus writes to tell us that the European Parliament is planning a vote in the Industry, Transport, Energy (ITRE) committee that could reintroduce amendment 138 (currently amendment 46) which deals with safeguards to user rights on the internet and graduated response schemes. There are several online campaigns trying to drive awareness and action already but there is limited time to act. [ Read more ... ]

Canadian ISPs stand up for content blocking, throttling Via Law & Disorder Section - Ars Technica :

Canada's telecoms regulator, the Canadian Radio-television and Telecommunications Commission (CRTC) is in the midst of a network neutrality proceeding, and the responses that rolled in this week were vociferous. Several ISPs and music groups objected to any such rules, arguing that they might stop ISPs from implementing all sorts of wonderful policies such as P2P upload throttling, website blocking, and graduated response rules.

Norway gets net neutrality—voluntary, but broadly supported: Via Law & Disorder Section - Ars Technica

"Nettnøytralitet" is coming to Norway. Several ISPs, the Norwegian Post and Telecommunications Authority, the Nowegian Cable TV Association, and consumer groups have all signed on today to a new document (PDF) outlining network neutrality principles. Internet users are entitled to a connection with "predefined capacity and quality," and they can access content without discrimination based on the sending or receiving address. But there are some terrific caveats.

Thomas Nortvedt heads the Norwegian Consumer Council. Although outright Internet discrimination has been largely unknown in Norway, Nortvedt says that it's important to act anyway as ISPs increasingly become content providers, and conflicts of interest loom.

Click here to read the rest of this article

Read Original Article ( Via Law & Disorder Section - Ars Technica. )

Net Neutrality Still Lives: Via Slashdot

BuhDuh writes "Despite previous reports, and as subsequently discussed here, it appears that Sen. Feinstein's amendment (PDF) did not make it into the approved 'HR1' version of the stimulus bill (PDF). Of course, I cannot aver to having read all 680 pages, but searching for the terms Ms. Feinstein used came up blank, so it looks like we can breathe a collective sigh of relief until someone tries to bury similar proposals in the next wide-ranging, must-pass piece of legislation."

Read Original Article ( Via Slashdot. )