Information highway may soon get toll booths
In a move long sought by large telecommunications companies, conservative lawmakers in the United States are pushing for new legislation that critics say would undermine the ability of internet users to freely access any website, from the lowliest web log to the fanciest corporate home page.
Despite strong opposition from Democratic politicians and consumer groups, the House Commerce Committee this week endorsed the proposed bill, called the Communications Opportunity, Promotion and Enhancement Act, or COPE.
If passed by Congress, the proposed bill would allow giant telecoms like ATT and Verizon to charge extra fees for faster access to certain websites, a move that many believe would harm free expression and innovation–considered core principles of the internet.
They also fear that by allowing phone companies access to the cable market, the COPE Act could undermine the ability of local communities to negotiate with cable companies to maintain non-commercial and community-oriented television channels.
For years, community-oriented public access television channels have played an important role in promoting civic awareness and social causes in an otherwise highly commercialized media marketplace.
Critics say the proposed bill negates the concept of "network neutrality" because the internet is based on the idea that all participating networks give equal access to the information they transmit.
Under the principle of network neutrality, service providers such as telephone and cable internet companies should not be permitted to dictate how their networks are used.
"The Commerce Committee is headed in the opposite direction of where the American public wants to go," says Timothy Wu, a Columbia University law professor and one of the intellectual architects of the neutrality principle.
"Most people favor an open and neutral internet," he adds. "They don't want internet gatekeepers taxing and toll-boothing innovation."
Republican legislators defend the bill by arguing that it is wrong to give the Federal Communications Commission the power to regulate the internet and companies' business models.
"There is still no consistent definition of net neutrality from industry representatives," argues Rep. Marsha Blackburn (R-TN) in a recent statement.
"The best approach on this [issue] is caution, because if we legislate incorrectly, there will be unintended consequences," she said.
Opponents charge that the Republican-dominated House Committee on Energy and Commerce voted for the COPE Act because it is held hostage to the interests of big telecommunications companies.
According to SavetheInternet.com, an umbrella group representing an array of public interest organisations, companies like ATT and Verizon are spending hundreds of millions of dollars to get Congress to change the rules to let them discriminate on the internet–forcing websites to pay "protection money" to ensure their sites will work properly.
"These companies have a new vision for the internet," the group says. "Instead of an even playing field, they want to reserve express lanes for their own content and services–or those from big corporations that can afford the steep tolls–and leave the rest of us on a winding dirt road."
SavetheInternet campaigners believe that maintaining net neutrality is a "fundamental necessity" if the democratic promise of the internet is to be realized.
"The careerist politicians on the House Committee rolled right over in their frantic desire to do the telecom bidding," says Craig Fields, director of internet operations of the Gun Owners of America, which is part of the Coalition against the COPE Act.
"It makes no difference to them whether the Internet will remain a free and vibrant marketplace of ideas. As far as they are concerned, if big business is happy, all is right with America," he says.
The group has launched a nationwide campaign to get signatures for its petition against the COPE Act. Organizers claim that more than 250,000 people have already signed on to the petition and that thousands have also flooded Congress with telephone calls.
"The diversity of this coalition underscores the importance of this issue," says Google's Vint Cerf, who is widely considered one of the founders of the internet. "When the internet started, you didn't have to get permission to start companies. You just got on the net and started your idea."
Despite hopes that they can block the legislation, the coalition and Democrats who are opposing the COPE Act remain wary of the outcome of the congressional debate because in both houses, Republicans have a clear majority.
This week, when Democratic lawmaker Ed Markey proposed an amendment in defense of the neutrality principle, four fellow Democrats on the House Commerce Committee crossed party lines to vote against it–although even without their support, Republicans could still have gotten their way.
Congress is likely to vote on the draft legislation next month.