FCC Investigation of Net Neutrality a Good Start (NewsFactor)

On Monday, the Federal Communications Commission announced that it is opening three separate inquiries into whether the data management practices of broadband Internet service providers and mobile phone carriers unfairly favor some customers over others.

The move comes after the FCC received petitions from a variety of free speech organizations and more than 20,000 letters from individuals concerned about the concept of "net neutrality." The complaints were sparked by news that Comcast was discriminating against BitTorrent traffic over its networks, and that Verizon Wireless refused access to its network to a pro-choice group offering text message alerts to interested individuals (after a public outcry, Verizon reversed itself the following day).

Comcast has repeatedly said that it is not discriminating against any particular type of traffic, but instead is engaged in "reasonable traffic management" designed to prevent specific individuals from using a disproportionate amount of network resources. Free speech advocates are concerned that traffic shaping tools can be used to subtly (or not so subtly) restrict the speech of certain groups or individuals. Free speech groups are also worried that if left unchecked, traffic shaping will create an economically tiered Internet.

INJUNCTION REQUEST DENIED BY FCC

Jen Howard, assistant director of communications for Free Press, one of the public interest groups petitioning the FCC, said that the group is pleased that the FCC has launched its investigation, but was hoping that the Commission would do more.

"For right now," Howard said, "the FCC has opened it up for public comment. Thats important; its good to involve the public in the debate and start the debate about how and when ISPs are allowed to shape Internet traffic."

But Howard said that Free Press was disappointed that the FCC did not take immediate steps to prevent Comcast and other ISPs from restricting traffic flow. "We asked FCC to issue an injunction against any blocking," Howard said, "until the policy matters are more thoroughly investigated. But that hasnt happened, so were concerned that companies will continue investing in data management systems that are unfairly limiting traffic flow."

GROWING POLITICAL ISSUE

In addition to pushing for an investigation by the FCC, Free Press and other groups have been aggressively lobbying Congress and the presidential candidates to take action on the net neutrality issue. Howard said that a number of politicians in both the Senate and the House are working on protective legislation. "In Congress," she said, "theres real energy for protecting innovation in this country."

While the Free Press cannot endorse any particular politicians or candidates, communication director Craig Aaron did say that there is a clear split between the two parties in their attitudes towards this issue. "All the Democratic presidential candidates were on record as supporting net neutrality," Aaron said. "On the Republican side, Governor Mike Huckabee has said some supportive things. John McCain voted against net neutrality in 2006, and none of the remainder have addressed the issue."