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Apparently Microsoft may not rejoin ItsOurNet after all... what I've learned

In my digging around to find out if Microsoft would be rejoining the ItsOurNet.com pro-net neutrality coalition, I have learned enough that strongly suggests to me that Microsoft may not be rejoining ItsOurNet now that the AT&T merger is complete.

Why I believe this is that I heard Microsoft is telling both sides behind-the-scenes -- the ItsOurNet crowd and the NetCompetition crowd -- the same story.

  • A Microsoft Rep is telling others that they are not for net neutrality, but that they do share some of the concerns that pro-net neutrality companies have.
  • More specifically, where Microsoft reportedly parts company with the ItsOurNet coalition is over the whether the modifiers "just" and "reasonable" are used in mandating non-discrimination by broadband carriers.  
    • Microsoft reportedly believes that there should be no "unjust" or "unreasonable" discrimination by broadband carriers, which is similar to the traditional seventy-year old common carrier language found in Sections 201 and 202.
    • The ItsOurNet coalition is taking the harder line that the non-discrimination requirement should be an unambiguous ban like the 11 year-old language found in Section 251(c)(3) that does not have any qualifiers like just or reasonable.
      • (It is important to note that the 251(c)(3) language that ItsOurNet is holding firm to get, is precisely the 1996 Telecom Act language that was most fought over at the FCC and in the courts -- and that ultimately had to involve the Supreme Court -- twice. The 251(c)(3) language proved to be some of the most controversial legal language and mandates ever in the history of telecom in the U.S.)  

This take on Microsoft's new position makes sense to me for three reasons.

  • First they are telling both sides the same story.
  • Second, the reason why there was no ability to compromise last year on net neutrality is that there was no interest in the core ItsOurNet crowd to be "reasonable".
  • Third, the Senate Dorgan-Snowe bill was reintroduced January 9th with no modification from last year to accomodate Microsoft's "just" and "reasonable" position.  

What I hope reporters do is ask Microsoft on the record, what is their position on net neutrality? And are they going to rejoin the ItsOurNet coalition like they earlier indicated or are they staying out? What Microsoft thinks, matters.

Q&A One Pager Debunking Net Neutrality Myths