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  • Forrest Woolman 9:16 pm on December 4, 2013 Permalink | Reply
    Tags: AT&T, , DC Circuit Court, , freedom of speech, media reform, ,   

    Below is insightful article about the Verizon vs FCC case that is being heard in the DC Circuit Court – the second-most powerful court in the US, behind the Supreme Court. If Verizon wins their lawsuit then we will likely see the end of a free and open internet, as we know it today…

    Net Neutrality: What’s At Stake
    By Marvin Ammori, Wired magazine
    November 18, 2013

    Net neutrality is a dead man walking. The execution date isn’t set, but it could be days, or months (at best). And since net neutrality is the principle forbidding huge telecommunications companies from treating users, websites, or apps differently — say, by letting some work better than others over their pipes — the dead man walking isn’t some abstract or far-removed principle just for wonks: It affects the internet as we all know it.

    Once upon a time, companies like AT&T, Comcast, Verizon, and others declared a war on the internet’s foundational principle: that its networks should be “neutral” and users don’t need anyone’s permission to invent, create, communicate, broadcast, or share online. The neutral and level playing field provided by permissionless innovation has empowered all of us with the freedom to express ourselves and innovate online without having to seek the permission of a remote telecom executive.

    But today, that freedom won’t survive much longer if a federal court — the second most powerful court in the nation behind the Supreme Court, the DC Circuit — is set to strike down the nation’s net neutrality law, a rule adopted by the Federal Communications Commission in 2010. Some will claim the new solution “splits the baby” in a way that somehow doesn’t kill net neutrality and so we should be grateful. But make no mistake: Despite eight years of public and political activism by multitudes fighting for freedom on the internet, a court decision may soon take it away.

    Game of Loopholes and Rules
    How did we get here?

    The CEO of AT&T told an interviewer back in 2005 that he wanted to introduce a new business model to the internet: charging companies like Google and Yahoo! to reliably reach internet users on the AT&T network. Keep in mind that users already pay to access the internet and that Google and Yahoo! already pay other telecom companies — often called backbone providers — to connect to these internet users. [Disclosure: I have done legal work for several companies supporting network neutrality, including Google.]

    But AT&T wanted to add an additional toll, beyond what it already made from the internet. Shortly after that, a Verizon executive voiced agreement, hoping to end what he called tech companies’ “free lunch”. It turns out that around the same time, Comcast had begun secretly trialing services to block some of the web’s most popular applications that could pose a competitive threat to Comcast, such as BitTorrent.

    Yet the phone and cable companies tried to dress up their plans as a false compromise. Counterintuitively, they supported telecommunications legislation in 2006 that would authorize the FCC to stop phone and cable companies from blocking websites.

    There was a catch, however. The bills included an exception that swallowed the rule: the FCC would be unable to stop cable and phone companies from taxing innovators or providing worse service to some sites and better service to others. Since we know internet users tend to quit using a website or application if it loads even just a few seconds slower than a competitor’s version, this no-blocking rule would essentially have enabled the phone and cable companies to discriminate by picking website/app/platform winners and losers. (Congress would merely enact the loophole. Think of it as a safe harbor for discriminating online.)

    Luckily, consumer groups, technology companies, political leaders, and American citizens saw through the nonsense and rallied around a principle to preserve the internet’s openness. They advocated for one simple, necessary rule — a nondiscrimination principle that became known as “network neutrality”. This principle would forbid phone and cable companies not only from blocking — but also from discriminating between or entering in special business deals to the benefit of — some sites over others.

    Unfortunately, the FCC decision that included the nondiscrimination rule still had major loopholes — especially when it came to mobile networks.
    Both sides battled out the issues before Congress, federal agencies, and in several senate and presidential campaigns over the next five years. These fights culminated in the 2010 FCC decision that included the nondiscrimination rule.

    Unfortunately, the rule still had major loopholes — especially when it came to mobile networks. It also was built, to some extent, on a shaky political foundation because the then-FCC chairman repeatedly folded when facing pressure. Still, the adopted rule was better than nothing, and it was a major advance over AT&T’s opening bid in 2005 of a no-blocking rule.

    As a result, Verizon took the FCC to court to void the 2010 FCC rule. Verizon went to court to attack the part of the rule forbidding them from discriminating among websites and applications; from setting up — on what we once called the information superhighway — the equivalents of tollbooths, fast lanes, and dirt roads.

    There and Back Again
    So that’s where we are today — waiting for the second most powerful court in the nation, the DC Circuit, to rule in Verizon’s case. During the case’s oral argument, back in early September, corporate lobbyists, lawyers, financial analysts, and consumer advocates packed into the courtroom: some sitting, some standing, some relegated to an overflow room.

    Since then, everyone interested in internet freedom has been waiting for an opinion — including everyday folks who search the web or share their thoughts in 140 characters; and including me, who argued the first (losing) network neutrality case before the DC Circuit in 2010.

    Web and mobile companies will live or die not on the merits of their technology, but on the deals they can strike with AT&T, Verizon, Comcast, and others.
    But, in their questions and statements during oral argument, the judges have made clear how they planned to rule — for the phone and cable companies, not for those who use the internet. While the FCC has the power to impose the toothless “no-blocking” rule (originally proposed by AT&T above), it does not (the court will say) have the power to impose the essential “nondiscrimination” rule.

    It looks like we’ll end up where AT&T initially began: a false compromise.

    The implications of such a decision would be profound. Web and mobile companies will live or die not on the merits of their technology and design, but on the deals they can strike with AT&T, Verizon, Comcast, and others. This means large phone and cable companies will be able to “shakedown” startups and established companies in every sector, requiring payment for reliable service. In fact, during the oral argument in the current case, Verizon’s lawyer said, “I’m authorized to state from my client today that but for these [FCC] rules we would be exploring those types of arrangements.”

    Wait, it gets even worse. Pricing isn’t even a necessary forcing factor. Once the court voids the nondiscrimination rule, AT&T, Verizon, and Comcast will be able to deliver some sites and services more quickly and reliably than others for any reason. Whim. Envy. Ignorance. Competition. Vengeance. Whatever. Or, no reason at all.

    So what if you’ve got a great new company, an amazing group of founders, a seat in a reputable accelerator program, great investors and mentors. With the permission-based innovation over “our pipes” desired from the likes of Comcast, Verizon and AT&T… there’s no meritocracy here.

    Of course, despite everything the judges suggested during the two-hour argument, it’s possible that they offer net neutrality a reprieve. Given how sticky this morass is, there’s one simple way for you to judge the opinion: If the court throws out the non-discrimination rule, permission-less innovation on the internet as we know it is done. If the nondiscrimination rule miraculously survives, then, for now at least, so too will freedom on the internet.

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  • Sylvia Moore 12:49 pm on March 4, 2011 Permalink | Reply
    Tags: , , , , Just Media, , , media reform, , Occidental College,   

    Citizens gather in Los Angeles to take back the media 

    This year’s Just Media: L.A. Media Reform Summit, held Feb. 26 at Occidental College, drew 200 activists, speakers and concerned members of the public for an all-day conference on how to build a better news and information environment for our communities. This was L.A. Media Reform’s fourth summit and was our best attended so far. Marty Kaplan, Director of The Norman Lear Center at the University of Southern California kicked off the day with a fascinating talk about how the kinds of news media people consume (public television, cable, or local news) determine their depth of knowledge of current events.

    The afternoon’s panel session, Objectivity vs. Hate Speech & Fear-Mongering, featured Leslie Berestein Rojas, who writes KPCC’s Multi-American blog; Rick Jacobs, chair and founder of the Courage Campaign; Amanda Garces and Pedro Espinoza of the Mobile Voices Project; and Shakeel Syed, Executive Director of the Islamic Shura Council. Will Coley, L.A. Media Reform member and and founder of Aquifer Media, moderated the panel. The panelists engaged in a lively discussion about the corrosive effects of hate speech in the media that targets immigrants, religious minorities and people of color.

    Attendees then fanned out into various workshops focusing on issues as diverse as public radio, blogs and the Internet, net neutrality, broadband and independent filmmaking. Our evening speaker, Beth McConnell, Executive Director of the Media & Democracy Coalition, closed with an inspiring talk encouraging citizens to create their own media to better inform their communities. Attendees later gathered at a networking reception featuring delicious hors d’oeuvres from Oxy’s student catering club, Well Fed. I hope that this year’s summit inspired more people to make improving our media climate a top priority, and helped them come up with ideas about how to use alternative media to make their voices heard.

    See Will Coley’s photos from the summit in his previous blog post from Feb. 28.

    We’d like to thank the following folks who helped make the 2011 Just Media Summit a success:

    Speakers: Marty Kaplan, Leslie Berestein Rojas, Rick Jacobs, Amanda Garces, Pedro Espinoza, Shakeel Syed, Allison de Fren, Will Coley, William Swaim, Wendy Block, Michael Sigman, Dick Price, Sharon Kyle, the Spin Busters! and the Billionaires, Sue Wilson, Ron Cooper, Koverboyz, Dr. Katie Mills, Juan Devis, Justin Cram, Sean McLaughlin, Beth McConnell, Rick Staggenborg, MD, Gavin Dahl, Damien Newton, Tony Arranaga, Chris Kidd, Siel Ju, LaJuan Johnson, Sadie Dean, Candice Rodrigo, Shani Byard-Ngunjiri, Mera Szendro Bok

    Our sponsors: California Common Cause, the Urban & Environmental Policy Institute at Occidental College, L.A. Progressive, Aquifer Media, The Benton Foundation, Center for Governmental Studies, Peoples College of Law, Uptown Gay & Lesbian Alliance, Urban Organizer, Media Alliance, ACLU Pasadena-Foothills Chapter, Valle Music Reproduction, LA Beez

    And…

    Occidental College for hosting

    The L.A. Media Reform Planning Committee: Amanda Shaffer, Will Coley, Dick Price, Sharon Kyle, Tapia Martinez-Russ and Sylvia Moore for putting this whole event together,

    Anjuli Kronheim, Los Angeles Organizer, California Common Cause and liaison to the L.A. Media Reform Planning Committee for her top-notch networking skills,

    Tapia Martinez-Russ and her music partner for providing the lovely entertainment,

    Well Fed for providing the delicious refreshments,

    Our wonderful volunteers for helping us set up, and all the members of the public who attended!

     
    • Warner Cowett 11:23 pm on August 19, 2011 Permalink | Reply

      Whatsoever thy hand findeth to do, do it with all thy might.- Ecclesiastes 9:10

    • Edgar Fees 11:24 pm on August 19, 2011 Permalink | Reply

      Love is patient, love is kind, Love does not insist on its own way. Love bears all things, believes all things, Hopes all things, endures all things. Love never fails.- I Corinthians 13:4-8

    • Remy 2:17 pm on September 20, 2011 Permalink | Reply

      If anyone can help point me in the right direction, I’d like to get involved. I recently launched Tiklar – a citizen journalist site at http://tiklar.com – I would like to see how I could partner for a 2012 event. Thanks.

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