FCC rules could counter freedom of speech2009-12-15 12:19 by DanielaTags: FCC, Net Neutrality
The Federal Communications Commission has proposed new regulations to force broadband Internet service providers (ISPs) like Time Warner and Verizon to adhere to "net neutrality" mandates. The FCC Chairman Julius Genachowski and other net neutrality advocates contend it is necessary to put in place the new regulatory regime to promote free speech values, and Tuesday the agency holds a forum designed to further this notion. Just one big problem: This view turns the free speech guarantee of the First Amendment on its head. If the government enforces its version of neutrality on the Internet, it almost certainly will violate the Internet service providers' First Amendment rights. Here's why. While, if adopted, net neutrality rules will be complex in application, stated simply, they mandate that all ISPs must carry all lawful messages that any subscriber wishes to send over the ISPs' network. And they prohibit ISPs from discriminating in any way against any Internet content or application. Such nondiscrimination and neutrality requirements enforced by the government may sound benign, even appealing. And, in any event, because the broadband ISP marketplace is now competitive, it is difficult to imagine an ISP favoring a particular application or content provider in a way that would adversely impact consumers. Read more -here-
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