Net Neutrality – An Overview – Bob Bocher Technology Consultant, WI Dept of Public Instruction, State Division for Libraries , dpi.wi.gov/pld/ppt/netneutral.ppt (Updated April 2008)

2 Topics to Cover 1. Definition and background 2. Internet and FCC regulations 3. Who supports what? 4. Recent actions

3 Net Neutrality – A Definition Net Neutrality: Accessing any content or using any service or application is done in a neutral fashion. That is, there is no network configuration, policy, or practice, outside of end user control or end user knowledge, that discriminates against certain content, services, or applications.

4 Net Neutrality - Background  “Neutrality” issue predates the Internet  Based on common carriage. For telecom:  No one is refused service; all calls are connected regardless of content or location  Major legal and regulatory difference between  “Telecommunication service” (Title II)  Strong common carrier language  “Information service” (Title I)  Weak language  Internet is an information service 47 U.S.C. §202: It shall be unlawful for any common carrier to make any unjust or unreasonable discrimination in charges, practices, or services by any means or device, or to subject any person to any unreasonable prejudice or disadvantage.

5 The Internet and FCC Regulations  1990s: Most consumers had dial-up  More than 7,500 dial-up ISPs  ISPs used telecom provider circuits  Most telecom/cable companies were not ISPs  2000s: More consumers moving to broadband  More telecom/cable companies providing BB  Eroding line between telecom providers and ISPs

6 The Internet and FCC Regulations  2000s: Broadband debate and neutrality issue  Digital divide: U.S. 15 th - 20th in residential BBresidential BB  President’s BB initiative: Connect all by 2007  FCC encourages more BB access  More access based on more competition  More competition based on less regulation  2002: FCC says cable ISPs not subject to strong, common carrier regulation  Provide “information service”

7 The Internet and FCC Regulations  June 2005: Supreme Court Brand X decision  Sept 2005: FCC deregulates broadband  Treat telecom and cable ISPs the same  Removes common carrier language; no strong legal protection for maintaining “neutral” Internet  Telecom circuit is now “ancillary” to unregulated Internet  Issues “Broadband Access to the Internet” principles

8 Net Neutrality Statement The Commission [has] decided to reclassify broadband transmission facilities as Title I “information services” rather than Title II “telecommunications services.” To the uninitiated this sounds like semantics. But it has real consequences. That’s because the nondiscrimination obligations that attach to telecommunications traffic and which were vital to keeping the Internet open in the dial- up era no longer apply to broadband services. We need a watchful eye to ensure that network providers do not become Internet gatekeepers, with the ability to dictate who can use the Internet and for what purpose. —FCC Commissioner Michael Copps, Sept 2005

9 Net Neutrality - Who Supports What?  Neutrality generally supported by:  Consumer organizations  Organizations supporting First Amendment  Content providers  Education and library community  Neutrality generally opposed by:  Telecom/cable companies  Internet service providers  Organizations opposed to government regulation

10 Net Neutrality – Recent Activities  2007 FCC issues “Broadband Notice of Inquiry”  Internet Freedom Preservation Act (S.215)  Has common carrier protections  Comcast blocks or delays P2P traffic  FCC investigates; holds hearings  Comcast and BitTorrent reach agreement  Will develop a “P2P bill of rights”  AT&T to filter Net content? The FCC is still investigating whether the [Comcast] actions violated our principles protecting consumer access to the Internet. --FCC Chairman Kevin Martin, April 22, 2008 This is not about the vast majority of customers who consume content legally. This is about combating illegal activity. —Michael Balmoris, AT&T, Jan. 2008

Net Neutrality : Questions?? Bob Bocher Technology Consultant, WI Dept of Public Instruction, State Division for Libraries , dpi.wi.gov/pld/ppt/netneutral.ppt

12 Home Broadband Adoption – 2007 ( Return