A U.S. Senator from Oregon introduced legislation on March 2 that would ensure “net neutrality,” or equal delivery of content on the internet, for consumers and business interests.
Dubbed the “Internet Nondiscrimination Act of 2006” and put forward by Ron Wyden [D-Ore.], the bill would prohibit network operators (specifically cable and telephone companies) from charging companies for faster delivery of their content to consumers over the Internet or favoring certain content over others.
“Creating a two-tiered system could have a chilling effect on small mom-and-pop businesses that can’t afford the priority lane, leaving these smaller businesses no hope of competing against the Wal-Marts of the world,” Wyden says. “Neutrality in technology enables small businesses to thrive on the Internet, and allows folks to start small and dream big, and that’s what I want to protect with this legislation.”
Specifically, the Wyden bill would ensure network operators treat Internet content equally by:
•Not interfering with, blocking, degrading, altering, modifying, or changing traffic on the Internet.
•Not allowing the creation of a priority lane where content providers can buy quicker access to customers, while those who do not pay the fee are left in the slow lane.
•Allowing consumers to choose which devices they use to connect to the Internet while they are online.
•Ensuring that consumers have non-discriminatory access and service.
•Having a transparent system in which consumers, Internet content, and applications companies have access to the rates, terms, and conditions for Internet service.
The Wyden legislation also would ensure that network operators can continue to protect subscribers against unwanted spam, spyware, viruses, pornography, and other programs. In addition, it would ensure that network operators can respond to emergencies and court-ordered law enforcement needs.
The legislation provides for a complaint-filing process before the Federal Communications Commission (FCC), in which an aggrieved party can file a written complaint. If the FCC accepts the complaint, the burden of proof is on the network operator to show it did not violate the law. The FCC must reach a decision in 90 days. The penalties are the same as those in the Communications Act, and the potential fines are stiff enough to encourage compliance, Wyden says.
“It’s wrong to create an information superhighway that’s strewn with discriminatory hurdles,” says Wyden. “I have introduced [this] legislation to stop the powerful interests who control access to the Internet from picking winners and losers on the Internet. This bill is for consumers, innovators, and small businesses. It’s all about equal access for everyone: the same access, the same content, for the same price.”
Wyden is one of the most outspoken congressional proponents of a free and open Internet. He also is the original co-author of the Internet Tax Nondiscrimination Act as well as several other laws protecting against spyware and spam.
The issue is shaping up to be a divisive one. Cable and telephone network operators like AT&T and Verizon have lobbied Congress in an attempt to prevent legislation such as Wyden’s. They say they have spent billions of dollars and will spend billions more to make high-speed connections available to end-users. On the other side of the issue are Web and computing giants like Google, Yahoo!, and Microsoft, who favor Net neutrality because they say any moves to “choke” traffic from companies that don’t pony up extra funds would stifle innovation and competition.
