Big Cable: Net neutrality violates ISP 1st Amendment rights

Big Cable: Net neutrality violates ISP 1st Amendment rights

Cable internet providers are arguing that possible FCC rules ordering Internet Service Providers (ISPs) not to exert any discrimination that flows over their network.

“…the First Amendment is framed as a shield for citizens, not a sword for government.” True enough, the First Amendment “promotes democratic values,” McSlarrow added, “but it does so best by freeing citizens from government regulation of their speech, not by regulating it.” …

“I don’t know how to say it any more clearly than this,” McSlarrow reiterated. “Internet Service Providers do not threaten free speech; their business is to enable speech and they are part of an ecosystem that represents perhaps the greatest engine for promotion of democracy and free expression in history.”

This strikes me as a bit of a stretch. If we’re to look back to the media landscape that existed when the Constitution was written, we might equate ISPs to paper. Much like paper, ISPs provide a medium by which others are able to communicate. Seen in this light, the framers would certainly have argued for “paper neutrality.” Given their opposition to the British tax on paper (in the Stamp Act of 1765), I think the framers would want to guarantee the free flow of information–be it over paper or the network.

Perhaps ISPs should be grateful they were not forced to open their networks to competitors in the Brand X decision.

Lots of media and technology law news

After missing just a couple of day’s worth of posts on my feed reader, I was astonished at how much has been going on in the media law world. Hopefully I’ll have more chance to comment as things evolve.

And let’s not forget the Comcast NBC buyout (How the FCC might stop the Comcast-NBC merger)!

I’ll close with a link to the post I’d most heartily recommend, giving some really good historical context to the Internet Neutrality debate, and tracking very closely to what I have argued here.

How Robber Barons hijacked the “Victorian Internet”

EU ACTA Analysis Leaks: Confirms Plans For Global DMCA

Michael Geist – EU ACTA Analysis Leaks: Confirms Plans For Global DMCA, Encourage 3 Strikes Model

Michael Geist has posted a summary of the leaked EU ACTA analysis. Some highlights:

  • Third party liability
  • Limitations on 3rd Party Liability
  • Anti-circumvention Provisions
  • Civil and Criminal Enforcement of Anti-Circumvention
  • Rights Management Information protection
  • Limitations to Rights Management Information protection

The anti-circumvention provisions, while not entirely out of line with U.S. law, are a bit troubling as it’s not yet clear whether circumvention for established fair use (such as education) would be allowed.

Even more troubling are the limitations on 3rd party liability. If service providers (like YouTube) no longer enjoy “safe harbor,” or legal protection from copyright infringement lawsuits for materials their users upload, the entire landscape of “user generated content” or “remix culture” may drastically change.

Perhaps more transparency would bring much needed balance to this treaty!