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What is the simple key to passing bipartisan net neutrality and online privacy legislation?

Put consumer interests first with a new Federal consumer-centric law, not last like today, where technology interests come first, in technology-centric law which minimizes responsibility to safeguard consumers’ choices, privacy, and security.

The tell for whether someone supports bipartisan Internet legislation to protect consumers and level the playing field or not, is whether they are focused on what is best overall for the online consumer or focused on special treatment for one technology over another. It is that simple.

Only people vote, bleed, or care. Technologies do not.

The Bipartisan Case

The origin of the term “Internet” is “inter-networking” per Robert Khan, co-inventor of TCP/IP, the Internet protocol that essentially enables and thus defines which networks are interoperable parts of the Internet’s overall network of networks, which now effectively encompasses ISPs, Internet services, Intenet platforms, cloud providers, apps, and others.  

It is a matter of when, not if, Congress will pass national privacy and data protection law for the 21^st century.

It’s inevitable, because the U.S. privacy policy to date is operating as predictably as a pendulum swinging. Consider the evident big picture, pendulum dynamic at work here.

A nation divided cannot stand.

America’s Internet policy is so badly divided that America’s national security struggles to stand firm.

The U.S. Government’s outdated, out of control, Internet policy dictates digital division and delivers digital disunion and disorder.

Abraham Lincoln’s most famous speech shared the timeless truth and wisdom that “a house divided against itself cannot stand” when he stood up for what was, and is, right – freedom and equality for all people, not just for the favored.  

Much more than most appreciate, U.S. Internet policy has de facto partitioned America legally into separate online and offline worlds. That may have made sense in the 1990’s when the Internet was nascent, but now when the Internet is pervasively everywhere we live, work, and play, it’s not only “disruptive,” but divisive and destructive too.

SUMMARY

What could possibly go wrong with a nationalized, dual-use, military-civilian, secure 5G wireless network to centralize all military and civilian U.S. transportation traffic control and management with Alphabet-Google as the only commercial wireless ISP “financing/anchor tenant?” Way too much.

FOR IMMEDIATE RELEASE, January 29, 2018, Contact: Scott Cleland 703-217-2407

The Primary Beneficiaries of America Nationalizing a 5G Wireless Information Highway Would Be: Google’s Monopoly Information Access, Android Mobile Operating System, & Google Maps/Waze; and SoftBank’s ~$60b holdings in China’s Alibaba & $100b Telecom/Tech Venture Fund

WASHINGTON D.C. – The following may be attributed to Scott Cleland, Chairman of NetCompetition:

“An analysis of the Axios-reported memo proposing to build a nationalized 5G wireless network makes it clear that Alphabet-Google and SoftBank are the moving force behind it. The proposal obviously would benefit their interests first and foremost and it goes in the exact direction they have lobbied for over the last several years.”

“It is especially ironic and troubling that Softbank and Alphabet-Google are the apparent impetus behind this proposal for a secure wireless transportation network to compete with China and be secure from Chinese snooping.

SUMMARY:

In 2015, the FCC’s Title II Open Internet broadband order was predicated on a demonstrably false central competitive premise: that the Internet’s edge was competitive while the broadband Internet core was not competitive. The facts prove the opposite.

The 2015 FCC’s competition premise is myth.

While there is plenty of information in the record, and in the July 17 comments, that broadband is  competitive, until now there has been little data and research on the overall competitiveness of the Internet edge providers, save for NetCompetition’s July 17^th comments that showed how concentrated the Internet edge is using the Internet Association as a proxy.

To further rebut comments that were predicated on the demonstrably false central premise that the Internet’s edge is competitive, NetCompetition submits additional Internet competition research below.

At best the notions of net neutrality and consumer privacy are somewhat in tension.

At worst, they are in opposition, and harm consumer privacy as happened when the Wheeler-FCC subordinated the goal of what’s best for consumer privacy to the conflicting and overriding goal of what was best for imposing maximal, Title II net neutrality.

Net neutrality and consumer privacy are in tension because they are very different concepts, priorities, and approaches for the handling of information online.

However, the original tension between the FCC’s first concept of net neutrality and consumer privacy was very limited because the Martin-FCC’s 2005 Internet Policy Statement on net neutrality was an extension of the Powell-FCC’s “Internet Freedoms” concept of net neutrality, and both approaches were consumer-first, i.e. very clearly centered around what consumers could expect from the Internet.

What thrust them into the more opposing concepts that they are today?

It was when net neutrality flipped from being primarily a consumer-centric principle to an edge-provider centric principle defined by Google, Amazon, Facebook and Netflix; and from the enforcement of a general broadband nondiscrimination principle, to the preemptive imposition of “the strongest possible,” specific, utility rate regulation framework – i.e. Title II of the 1934 Communications Act -- on a competitive industry that had done nothing wrong to warrant it.

Please see PBS NewsHour’s five minute segment here with Gigi Sohn and I discussing Congress’ rescission of the FCC’s unimplemented broadband privacy order that the Wheeler-FCC majority passed last October by a 3-2 vote.

Please see my latest The Hill op-ed: “Congress was right to save consumers from privacy rules imposed under net neutrality.”

Consumer privacy has been the biggest loser from net neutrality proponents’ politicization of privacy.

FOR IMMEDIATE RELEASE, March 23, 2017, Contact:  Scott Cleland 703-217-2407

FCC Chairman Pai’s Proposal to Deregulate Competitive Business Data Services Will Accelerate Private Investment and Deployment of Fiber & 5G Gigabit Mobile Broadband      

WASHINGTON D.C. – The following may be attributed to Scott Cleland, Chairman of NetCompetition:

“Kudos to FCC Chairman Pai for clearly understanding the business, economic, and investment, realities and challenges, of multi-billion dollar private investments in infrastructure; and purposefully organizing the FCC to better encourage broadband infrastructure deployment quickly to be part of the solution to America’s economic growth and job creation needs.

“Chairman Pai knows one of the best ways for the FCC to promote private investment in infrastructure and advance 5G broadband innovation is to encourage facilities-based broadband competition in the business market, by permanently stopping FCC rate regulation of the long, fully-competitive, fiber-based, business data market, and ending most all FCC rate regulation of the antiquated copper-based business data market, except in the minority of counties or areas where there still may be insufficient competition.”

“Let the investing, building, and deploying of the Nation’s next generation, fiber and 5G broadband networks begin -- soonest!”

NETCompetition.org is a pro-competition e-forum representing broadband interests.