Are Industry Best Practices Enough To Protect Net Neutrality?

from the no-sticks-anymore,-just-carrots dept

For the supporters of net neutrality, an Obama White House, Genachowski FCC and Democratic Congress seemed to be the magic combination to ensure an open, non-discriminatory Internet. However, one of the key proponents, Representative Boucher, has recently suggested that he is switching tactics, "scrapping the idea of pursuing legislation mandating an openly accessible Internet in favor of negotiations with stakeholders aimed at reaching a comprehensive accord." An agreement upon industry best practices could, in theory, be a good way to protect net neutrality, but there are causes for concern.

As Techdirt contributor Tim Lee pointed out in his paper on net neutrality, the unintended consequences of legislation may be costly and inefficient. So, voluntary agreements could create a flexible, realistic approach to protecting an important principle. Something similar happened with the Global Network Initiative that brought together Google, Microsoft and Yahoo!, along with academics and human rights organizations, to agree to a set of principles and enforcement mechanisms to protect and promote free expression and privacy around the globe. But the motivating factor of this agreement was the threat of legislation following very humiliating Congressional hearings on American Internet companies' dealings in China. By creating a voluntary set of best practices, the Global Network Initiative sidestepped the unintended consequences of poorly drafted legislation. The ISPs could do similarly, but by publicly stating his change of tactics, Boucher may have removed the motivating factor.

Another key to any agreement would be competition in the ISP marketplace. In Norway, where they recently created a similar agreement between ISPs and consumer protection agencies to mandate non-discrimination of networks and endpoints, the ISPs are in a competitive sector. Because ISPs there recognize the competitive advantage of staying neutral, there is a force pushing them in that direction. In the United States, the driving force was largely the threat of legislation, and hopefully that is still there as Boucher guides the ISPs towards his comprehensive accord.

Kevin Donovan is an expert at the Insight Community. To get insight and analysis from Kevin Donovan and other experts on challenges your company faces, click here.

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New FCC, Telecom Committee Chairs: What's In Store?

from the predicting-politicians dept

As the new Presidential administration gets settled in, it's worth taking a look at some of the leadership changes that will affect the technology and communications spaces. First, FCC Chairman Kevin Martin has announced he's stepping down on Jan. 20 (not that we'll be too upset), and he'll be replaced by Julius Genachowski, pending confirmation hearings. Genachowski is a long-time friend of Barack Obama, dating back to their time together at Harvard Law School; he was also chief counsel of the FCC during the Clinton administration. But he's also most recently worked in venture capital, and was also an executive at IAC, giving some hope to the idea that he's well-tuned to the needs of web startups, entrepreneurship and new media, and will give them a voice in Washington. Many stories have noted that Genachowski's positions on many issues aren't widely known, but he did chair the advisory group that delivered Obama's Technology and Innovation Plan, which he summarized in a blog post as "Open Government. Open Networks. Open Markets." GigaOM came up with a nice wish list of tasks for Genachowski, and also reports that telcos can expect their influence at the FCC to wane from Martin's era, that cable companies can expect a slightly better environment, and that wireless companies can expect to see their broadband plans promoted. Like us, they're optimistic that Genachowski's leadership will see the FCC adopt policies that benefit consumers, rather than telcos and other providers, but we'll wait for his confirmation hearings for more details.

Over in the House of Representatives, Congressman Rick Boucher, a Democrat from Virginia and a leading proponent for consumer rights on the House intellectual property subcommittee is taking over the Communications, Technology and the Internet Subcommittee. Boucher's swapping places on another committee with former chair Rep. Ed Markey, who's introduced net neutrality legislation in the past. In an interview with the WSJ, Boucher laid out some of his views: he says net neutrality isn't a top priority for him, but that forcing wireless operators to open their networks and allow consumers to access any type of service could be. He also wants to try and reform the Universal Service Fund, an enormous telco boondoggle that really does little to advance its goal of building out telecom service in rural areas. That all sounds good, generating further optimism that things telecom-wise could be taking a turn for the better under the new administration. Still, it bears repeating: hopefully both Genachowski and Boucher will understand that what's really needed in the telecom space is real competition, and that they'll work towards crafting solutions that engender it.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

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Congress Trying To Make It Legal To Ignore Tax Planning Patents

from the wrong-approach dept

We've written a few times about the rush to patent various tax strategies. That, by itself, should be evidence enough of some of the problems with the patent system. However, rather than deal with those larger problems, it appears that our Congressional Representatives are trying to take the cheap way out: creating a special exemption that would exempt taxpayers and tax preparers from risking infringement should they use any of these "patented" tax strategies. While this bill may be well-intentioned, like the attempt to allow banks to ignore a questionable patent on check scanning, it's the wrong approach. Rather than dealing with the root causes of problems with the patent system, these bills look to paper over the manifestations of those problems. In the long run, such laws (if they become law) would only make the system worse. It's nice that Rep. Rick Boucher (who often is on the right side when it comes to intellectual property issues) recognizes that tax preparation patents are a problem -- but this isn't the way to solve them.

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Will Howard Berman Step Down From Leading Copyright Subcomittee?

from the the-representative-from-Disney-goes-international dept

A year ago, we noted how ridiculous it was that Congress was allowing Rep. Howard Berman to run the Congressional subcommittee dealing with intellectual property issues. Berman is a well-known supporter of Hollywood and the major record labels (and they, in turn, support him back). He's from LA and has been referred to as "the Representative from Disney" or "Hollywood Howard," and he's yet to meet a bill proposing stricter copyright laws that he hasn't been in favor of approving. As Larry Lessig noted at the time of Berman's appointment, it was like allowing a representative from Detroit to head a committee on auto safety standards. However, Copycense alerts us to a story from the Hollywood Reporter, suggesting that Berman may leave the chairmanship of the subcommittee in order to take on the more prestigious and desired role as chair of the House Foreign Affairs Committee.

If Berman does step aside, then the next in line for the job would be Rep. Rick Boucher, who has been a very strong (perhaps the strongest) fighter for consumer rights when it comes to copyright issues. For many, many years he's been pushing to rewrite the DMCA, for example. So having him take over the subcommittee would be big step forward. However, as the Hollywood Reporter notes, Boucher may be too busy on other committees that are more closely related to his Congressional district and the head of the full Committee (the IP part is just a subcommittee), is Rep. John Conyers, another friend of Hollywood, who probably wouldn't allow Boucher to push initiatives that lessened the power of copyright law. If Boucher doesn't take the job, then the article notes it would likely fall to Rep. Jerry Nadler, who represents parts of Manhattan that happen to include many major entertainment companies. It's not clear what Nadler's stance on these issues are, but he was a supporter of the ridiculously backwards bill to extend copyright protection to fashion designs, a policy that is both unnecessary and potentially dangerous to the industry -- suggesting that he's fairly susceptible to poorly reasoned arguments in favor of stronger copyright.

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