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Yet another official rejection of net neutrality -- by US Court of Appeals

It's important to highlight yet another official/legal repudiation of the net neutrality movement's common carrier regulation agenda.

  • As reported by Comm Daily yesterday, but largely ignored by the mainstream press, the U.S. Appeals Court 3rd circuit, upheld the FCC's decision to classify DSL as a competitive "information service" and not a common carrier telecom service potentially subject to net neutrality regulations.

Why is this important?

  • It was this very FCC decision made in August 2005 that net neutrality supporters made their rallying cry for new net neutrality legislation!
  • This August 2005 FCC decision implemented the Supreme Court's earlier "Brand X" decision, which affirmed that cable modems were appropriately classified by the FCC as an un-regulated competitive "information service."
  • In addition to applying the "Brand X" cable modem info services classification on DSL, the FCC has also applied it consistently to other functionally-equivalent broadband technologies: wireless broadband service and Broadband over power line service.

The significance of this appeals court affirmation of the legitimacy of the FCC's highly-market-successful broadband deregulation policy is that the legal precedents for maintaining broadband as an unregulated competitive service are piling up and becoming extremely difficult to reverse in the future.

Let's see how principled Google's Open Internet Coalition is on protecting free speech

How timely for the Google-backed Open Internet Coalition to be writing Congress asking for Congressional hearings on allegations of censorship of free speech on the Internet.

Google bans Senator Collin's ads -- Google's "Free Speech" double standard

Robert Cox, the Founder and President of the Media Bloggers Association, a non-partisan professional standards group, reports that Google has blocked the running of U.S. Senator Susan Collins' ads on Google.

  •  "Internet giant Google has banned advertisements critical of, the far-left advocacy group that caused a national uproar last month when it received preferential treatment from The New York Times for its “General Betray Us” message."
  • "The ads banned by Google were placed by a firm working for Republican Sen. Susan Collins’ re-election campaign. Collins is seeking her third term."

    Google has a particularly tortured concept of "free speech" if it is willing to editorially ban Republican speech that opposes its most important and high-profile lobbying ally in the net neutrality fight.

Rising consumer complaints against Google -- More evidence Google does not do what they say

Listening to Google's General Counsel testify at the Senate Judiciary Subcommittee hearing on the Google-DoubleClick merger  which I also testified at, one would think everyone loves Google and all was just "teddie bears and rainbows" for consumers in Googleland.

Unsolicited advice for Frontline Wireless' new Open Access Advisory council

Reed Hundt's Frontline Wireless,  is reportedly forming a high-profile "Open Access Advisory Council" for the 700 MHz spectrum auction, which includes "net neutrality" term-coiner and celebrity Columbia Law Professor Tim Wu.

I have two pieces of unsolicited advice for Frontline's new advisory council."

Google's "G-Phone" an alligator versus bear fight?

Google's long rumored Google phone
or GPhone project has attracted a lot of comment and chatter, but not a lot of
good analysis to date. One big exception is a very good article last week by
Miguel Helft of the New York Times: "For
Google, Advertising and phones go together

News Corp needles Google for not protecting copyright -- Is Google an "honest" broker?

Google just can't seem to get on the right side of copyright law -- or the law in general for that matter.

  • Google's MySpace partner, News Corp clearly doesn't believe Google is doing enough to protect copyrights. 
  • Peter Chernin, President of News Corp., in an interview with the Financial Times yesterday, chided Google that ""they could do a better job" at preventing illegally copied video from appearing on its YouTube site."
    • FT asks: "Do they have the technology to do it?"
    • Chernin: "It's pretty safe to say that they have the technology available, that if we [MySpace] have the technology available, a) it's publicly available, and b) I haven't yet heard a lot about Google being technologically constrained."

The point here is that Google clearly has the wherewithal to not violate copyright, but they are making a business decision that it is better or more profitable for Google to disrespect copyright law rather than to respect copyright law.

The outrageous hypocrisy behind Net Neutality support of Free Speech

Someone needs to call the SaveTheInternet/FreePress/net neutrality crowd on their outrageous hypocrisy in politically claiming that being for "net neutrality" is being for more "free speech" protections.

When the SaveTheInternet organization and their net neutrality allies were offered very specific legislative language that would explicitly protect "free speech'' on the Internet -- they actively blocked it from passage in the Senate Commerce Committee in August of 2006 and from it passing into law last Congress. 

The legislative text below was in the HR5252 Amendment proposed by then Chairman Stevens in the telecom reform bill in June of 2006.

  • SaveTheInternet and the net neutrality movement opposed that protection of free speech language (Sec. 904. Application of the First Amendment) because what they really wanted was to make broadband subject to common carrier regulation.


Why are mainline consumer groups AWOL on Google-DoubleClick privacy issues?

I continue to be surprised and saddened that the mainline consumer groups, Consumers Union and Consumer Federation of America remain completely AWOL on arguably one of the most important privacy issues threatening consumers --the pending Google-DoubleClick merger.

I can't seem to square the following facts.


Q&A One Pager Debunking Net Neutrality Myths