#4 - Net Neutrality - how concerned should we be that Broadband ISPs will regularly limit access to content, services, and applications?

Net Neutrality is a principle of good behavior among Internet players that observers feel telecom broadband internet providers have violated. Net neutrality holds that organizations who operate portions of the internet should not restrict: the kinds of equipment that others may attach; the modes of communication; access to content, sites or platforms; and will not unreasonably degrade other communication streams. [1] Deregulation of the Internet, and rules that govern how telecom companies control access, have some observers concerned that the major players in broadband internet access will limit user's access to Internet content on a regular basis. Although some telecom companies have already limited user's access, regulators have prevented broader transgressions. The nature of current regulations, competition, and the current arrangement for regulatory oversight will suffice to keep Internet content freely available to users, contributors, and operators.

The Problem

The following events [1] illustrate that telecom companies do limit Internet user's access to content, services and applications.

• In 2004, a North Carolina telecom company blocked its DSL customers from using Vonage VoIP service.
  
• In 2005, a Canadian telephone company blocked access to one of its labor union's web sites during a labor dispute.
• In April 2006, AOL blocked access to a website that expressed dislike for one of its new policies.
• In September 2006, Verizon Wireless prevented a pro-choice organization from sending text messages to its members.

Although telecom companies have in the past violated the equivalent telecommunications principle called common carriage, they have built a culture and developed relationships with regulatory bodies that have prevented large scale abuses of the principle. The low level of abuses occurs largely because of strong common carrier language [2] in current telecommunication service regulations and enforcement of those regulations. The Internet, on the other hand, is an information service, and has weaker language regulating the behaviors of broadband internet service providers. Critics consider the events described above as abuses and attribute them to the weaker language of information services regulations.

Possible Solutions
Columbia Law School professor Tim Wu coined the term Network neutrality. He believes the best way to avoid abuses, maintain neutrality, and promote equality of network use is to strengthen the language of information services regulations.

Although the FCC has not taken the step of making the language of current information services regulations stronger, it has shown its willingness to prevent abuses. For example, the FCC fined the North Carolina telecom company mentioned above $15,000 and forced them to restore the VoIP service. The willingness of the FCC to correct abuses should help keep internet access neutral. A change in that posture, however, would signal to me a need for stronger language, stronger enforcement, and the building of a culture of intolerance for discriminatory access practices on the part of internet users, contributors, and operators.

[1] - Wikipedia Net Neutrality
[2] - PowerPoint Presentation named "Net Neutrality" from Bob Bocher