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FCC chair Genachowski emphasizes support for net neutrality

We've been tracking net neutrality for a while but it seems to have gone below the radar. That is, until today when Julius Genachowski, chairman of the Federal Communications Commission (FCC), gave a speech at the Brookings Institution in Washington D.C. and presented a series of open-access principles, emphasizing, among other things, net neutrality. And groups like Save the Internet cheered! Genachowski added 2 principles to the FCC's original 4 principles of network freedom mapped out by Michael Powell in 2005 (see other 4 below):

  • The fifth principle is one of non-discrimination -- stating that broadband providers cannot discriminate against particular Internet content or applications.
  • The sixth principle is a transparency principle -- stating that providers of broadband Internet access must be transparent about their network management practices.
(the other 4 principles are: (1) consumers are entitled to access the lawful Internet content of their choice; (2) consumers are entitled to run applications and services of their choice, subject to the needs of law enforcement; (3) consumers are entitled to connect their choice of legal devices that do not harm the network; and (4) consumers are entitled to competition among network providers, application and service providers, and content providers. See TechlawJournal for background) On a side note, the speech was posted to the FCC's beta site called OpenInternet.gov built to "facilitate input and participation in the commission proceedings as this discussion evolves."
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[Thanks to Steve Benen at the Washington Monthly!] Continue reading

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FCC has a blog

The Federal Communications Commission has a new blog, blogband ("The official blog of the national broadband plan"), that is part of the FCC's broadband.gov web site.

Blogband is part of the FCC’s commitment to an open and participatory process. Blogband will keep people up-to-date about the work the FCC is doing and the progress we’re making. But we want it to be a two-way conversation. The feedback, ideas, and discussions generated on this blog will be critical in developing the best possible National Broadband Plan. As this blog demonstrates, the Internet is changing and expanding the way Americans communicate, providing them with unparalleled access to information.
Make a note: 2009 and the FCC says that their one and only blog demonstrates how the Internet is changing the way we communicate. Okay. I don't want to be petty, and I'm glad they have this blog, but did they really think that "Blog Band" was a good name? And, does the FCC logo, when you look at it out of the corner of your eye, look like a frog? Maybe I've been reading too much Pynchon and am just feeling snarky today. Sorry. Congratulations to the FCC for entering the twentieth (oops, I mean 21st!) century! p.s. They have a Twitter feed as well! fccdotgov. p.p.s. Supreme Court! Are you listening!? Continue reading

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The FCC at Stanford: A paper trail

On April 17, 2008, the Federal Communications Commission (FCC) held a public en banc hearing on broadband network management practices. Hosted by Stanford Law School’s Center for Internet and Society, the event was attended by five FCC Commissioners who heard from legal scholars, high-tech entrepreneurs, Web start-ups and an auditorium full of interested community members about whether and how the FCC should provide more oversight of phone and cable companies in order to ensure "net neutrality." Stanford Law School Archivist Sarah Wilson has compiled a document with testimony, statements, press releases and news coverage related to the hearing. Her work, The FCC Hearing at Stanford, is available as part of the Robert Crown Law Library Legal Research Paper Series. -Kate Wilko Continue reading

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How should spectrum be managed?

A veritable who's-who of the legal world -- or at least where legal meets the internet! -- was on hand last saturday (3/8) for the Legal Futures Conference at Stanford University's Center for Internet and Society. Actually, Saturday's sessions were free and open to the public, while Friday's sessions were invitation-only. FCC chair Kevin Martin spoke on Friday about networks and their management. Why we should care about the spectrum debate Saturday's sessions Conference Speakers: * Jamie Boyle / Professor of Law, Duke Law School; Co-Founder, Center for the Study of the Public Domain * Tim Bresnahan / Landau Professor in Technology & the Economy, Stanford University * Michael Callahan / Executive Vice President, General Counsel & Corporate Secretary, Yahoo! * Tom Campbell / Dean, U.C. Berkeley Business School * Paul Cappuccio / General Counsel, Time Warner * Dan Cooperman / General Counsel, Apple; former General Counsel, Oracle * David Drummond / Senior Vice President, Google * Lauren Gelman / Executive Director, Center for Internet and Society and Lecturer in Law, Stanford Law School * Jamie Gorelick / Partner, WilmerHale; former U.S. Deputy Attorney General * Jennifer Granick / Civil Liberties Director, Electronic Frontier Foundation * Joi Ito / Chair, Creative Commons; Founder & CEO, Neoteny * Michael Jacobson / General Counsel, eBay * Jeff Jonas / Distinguished Engineer and Chief Scientist, IBM Entity Analytics Continue reading

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FCC may propose that broadcasters put their public records online

Here is a welcome proposal that would make broadcasters more accountable by making them put online their "public-inspection" files, which are now usually in paper and available for inspection by the public during limited hours at the studio. The last time this was proposed by the Federal Communications Commission (FCC), the broadcasting industry opposed the measure as too burdensome.

FCC Chairman Kevin Martin wants broadcasters to put their public files online, including public-affairs-programming logs, requests for political-ad time and the prices charged, according to FCC sources. Some in the TV industry say the move could provide more ammunition for activist groups looking to challenge TV licenses and could add up to more expense and time for stations to convert drawers of papers to a searchable Web database.
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