Net Neutrality? Try Net Neville Chamberlain.

“The FCC has a very simple way to create simple, fair and enforceable rules to protect innovation, free speech and commerce. It lacks the courage and (perhaps) political capital to re-grant itself this power. Lacking this power, the FCC is…allow[ing] Verizon, Comcast and AT&T to create slow and fast lanes…The FCC wants to call this ‘net neutrality.’ It’s nothing of the sort and the proposal needs to be killed. It’s a bargain that will kill innovation on the net.”

At Medium, Ryan Singel explains how Obama’s FCC is giving up on Net Neutrality and endangering the future of the Internet. “Simply put, the FCC is too scared of the big telecoms to do the simple thing and reclassify your ISP as a common carrier. (The midterms are coming up.)…We have to make it clear that destroying the internet in order to save it is not an option, and we can’t and won’t let that happen.”

To be clear, Obama’s FCC, under both Julius Genachowski and now Tom Wheeler, has been completely chicken-shit on this issue from Jump Street. The answer is and has always been to reclassify ISPs as telecommunications services, which they obviously are. But, instead, Genachowski tried to placate the Comcasts of the world and split the baby on this issue in 2010. The result was so ridiculous that the Court rejected his entire plan, and now Wheeler — a former cable lobbyist — is completing the cave.

This also counts as a(nother) blatant and egregious broken promise from President Obama — one so bad that Nancy Pelosi has already broken ranks. Here’s Obama in 2007: “‘The answer is yes, I am a strong supporter of Net neutrality.’…Obama added that companies like Google may not have gotten started without a ‘level playing field’ and pledged to make sure Net neutrality ‘is the principle that my FCC commissioners are applying as we move forward.'” (Cartoon by Cagle.)

A Comcastic Cash-in.


“‘No wonder the public is so nauseated by business as usual in Washington — where the complete capture of government by industry barely raises any eyebrows,’ said Free Press’ Craig Aaron. ‘The continuously revolving door at the FCC continues to erode any prospects for good public policy. We hope — but won’t hold our breath — that her replacement will be someone who is not just greasing the way for their next industry job.’

Democracy in action: Soon after working to get the Comcast-NBC merger approved at the FCC, Republican commissioner Meredith Attwell Baker steps down to become a senior VP of the merged company. “At the time, Baker objected to FCC attempts to impose conditions on the deal and argued that the ‘complex and significant transaction’ could ‘bring exciting benefits to consumers that outweigh potential harms.‘”

One small silver lining amid the sordidness here: The merger was approved in mid-January, and it’s now early May. So this sweetheart deal actually marks the fastest that Comcast has ever managed to service one of its customers.

Neutral No Longer.

The message: the FCC Chairman caved to the most powerful interests and is adopting a rule that may end the Internet’s historic openness to all software and content as a level playing field. This will undermine the Internet’s role in as an engine of economic innovation and democratic participation. The rule was written by and for the giants like AT&T, Verizon, and Comcast, who are cheering the rule. And the FCC Chairman is trying to fool the public into believing they should thank him.

After earlier explaining why the FCC’s compromise(d) stance was “garbage”, Marvin Ammori laments Julius Genachowski’s sad sell-out on net neutrality. While the president is claiming victory here — it does, after all, follow the “solomonic or moronic” splitting-the-baby approach he likes to bring to every issue — everything you need to know about it is summed up in one sentence in Wired: “There was one group, however, which seemed content with the new rules: the nation’s cable and telecommunications companies, including AT&T, Comcast and Verizon.

Govt’s in Ur PC Taking Ur Net! …or not.


This statement describes a framework to support policies that advance our global competitiveness and preserve the Internet as a powerful platform for innovation, free speech, and job creation. I remain open to all ideas on the best approach to achieve our country’s vital goals with respect to high-speed broadband for all Americans, and the Commission proceeding to follow will seek comment on multiple legal theories and invite new ideas.“In happier news on the Obama tech policy front (and after a disconcerting public wobble in the final days before the decision), FCC Chairman Julius Genachowski outlines a “third way” for Internet oversight that includes Net Neutrality and gives the agency Title II (i.e. regulatory) authority over transmission services, to prevent bad behavior by internet services providers (ISPs) controlling the pipe. (Net neutrality is explained here, but the “First Amendment of the Internet” is a good way of looking at it. Basically, it means ISPs can’t privilege and/or block content on a whim.)

While the Big ISPs begin to mount their counter-offensive, the usual blatherers on the Right are, naturally, decrying the decision as Phase 2 in the administration’s socialist-cryptofascist takeover to take over all things good and wonderful. Suffice to say, they don’t seem to understand the issue or the Internet very well. (Also, this is really a side matter, but, regarding the highly goofy “Big Guvmint is taking over the Internet!” meme: This is completely and utterly not true in any way. But, just so we all have the history straight: Big Guvmint created the Internet. If you haven’t heard of DARPA or J.C. Licklider, think Al Gore.)

Into this Neutral Air.

“The response from Net Neutrality opponents has been fast and furious — but short on facts. The arguments and rhetoric being pushed by the phone and cable industry mostly consist of long-discredited arguments and myths…this policy debate must be bound by facts and reality, not by misdirection and discredited falsehoods.” The Free Press‘s S. Derek Turner refutes ten lousy arguments against Net Neutrality (PDF).

My friends (are lobbyists), my friends. | FEC: Nope.

While the NYT’s botched bombshell involving Maverick and Iseman has thus far only seemed to help Sen. McCain to make nice with his unreconstructed right flank, the WP posts an A1 follow-up showing how the story may bite McCain yet. To wit, his campaign is completely dominated by lobbyists. “[W]hen McCain huddled with his closest advisers at his rustic Arizona cabin last weekend to map out his presidential campaign, virtually every one was part of the Washington lobbying culture he has long decried.

Meanwhile, concerning the “other” McCain scandal at the moment, the Republican head of the FEC, David Mason, comes down against McCain’s attempted gaming of the public financing system, and argues he can’t duck out of public financing now. “‘This is serious,’ agreed Republican election lawyer Jan Baran. Ignoring the matter on the grounds that the FEC lacks a quorum, Baran said, ‘is like saying you’re going to break into houses because the sheriff is out of town.’

Update: Newsweek‘s Mike Isikoff, one of the also-rans for the Iseman scoop, pokes a hole in McCain’s denial. Regarding the Paxson letters to the FCC, McCain said yesterday that ““No representative of Paxson or Alcalde & Fay personally asked Senator McCain to send a letter to the FCC.” The problem? This contradicts a sworn deposition by McCain taken in 2002, when McCain said: “I was contacted by Mr. Paxson on this issue.” D’oh!

Update 2: Now, Paxson says he met with the Senator, despite McCain’s statement to the contrary. “Paxson also recalled that his lobbyist, Vicki Iseman, attended the meeting in McCain’s office and that Iseman helped arrange the meeting. ‘Was Vicki there? Probably,’ Paxson said in an interview with The Washington Post today. ‘The woman was a professional. She was good. She could get us meetings.’

Chum in the Water.

“My guess is that something will pass this year. In the end, no one wants to be against decency in an election year.” In order to increase his standing among social conservatives and protect his right flank for those all-important 2008 primaries, Catkiller Frist has started angling for a strict broadcasting indecency bill. The bill “would increase indecency fines on broadcasters and threaten to take away their licenses after three violations.”

Bush II, Powells 0.

In something of a surprise move (at least in regards to timing), Michael Powell announces his resignation as FCC Chairman. From the media ownership fiasco to Powell’s knee-jerk overreliance on deregulation as a general fix-all, Powell’s brief tenure probably isn’t going to go down as much other than an experiment gone awry, and further testament to the fact that deregulating markets doesn’t necessarily lead to increased competition — in fact, sometimes quite the opposite. Update: Stephen Labaton previews the post-Powell FCC.

Twisting Armstrong.

After pressure from Democratic commissioners and congressmen, Michael Powell’s FCC announces an investigation into Armstrong-gate. Well, what do you know? I guess they’re just killing time until someone makes the mistake of showing more scantily-clad (non-cheerleader) women at an NFL football game.