Lawsuits Already Eyed, Protesters Vow to Press On, FCC CTO Says His Concerns Addressed
With lawsuits coming and protests occurring outside the FCC meeting where net neutrality rules were changed, advocates for keeping the status quo said they will press on. And those for and against the regulatory rollback reacted in droves, with dozens of statements issued shortly after the 3-2 party-line vote. Free Press Senior Counsel Jessica Gonzalez said her group will sue the FCC. President Craig Aaron told us he anticipated lawsuits by a variety of other groups. And the FCC's chief technology officer had raised concerns, which he said have been addressed.
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Before protesters massed outside FCC headquarters in the morning, a parade of Democratic lawmakers took the stage to criticize the vote and to vow it wouldn't stand. "We're going to play a stronger hand in the courts," said Sen. Ron Wyden, D-Ore. "This is a middle-class issue," with consumers to be "nickled and dimed" as they pay extra charges for everything from emails to social media use, said Rep. Ro Khanna, D-Calif. He and Rep. Keith Ellison, D-Minn., scoffed at claims ISPs will in turn expand access to underserved and unserved areas with the Title II rollback. "It's laughable," Khanna said, saying the U.S. should extend network coverage to those areas in a program equivalent to rural electrification, at a cost of $80 billion. Rep. Pramila Jayapal, D-Wash., said there was no testimony at November's House Judiciary Committee hearing on net neutrality (see 1711010052) about why the Title II rollback is needed. ISPs "want to make more money -- that's all this is about," she said.
Rally speakers repeatedly likened net neutrality to a civil rights and social justice issue. "It's the internet, not the elite-net," said Rep. Jose Serrano, D-N.Y. Clyburn told protesters Congress and the courts are largely "in your corner." "Hey hey, ho ho, Chairman Pai has got to go," the crowd chanted at one point. Free Press' Gonzalez said will push Congress "to undo this terrible mess."
Such protests are "raising the political cost on the decision," Aaron told us. Free Press was one of the organizers of Thursday's rally. He said net neutrality increasingly looks likely to be a significant issue in 2018 elections, judging by the number of lawmakers who have felt compelled to issue a statement or take a stance. Aaron said Free Press also will push for Congress to introduce a resolution of disapproval on the FCC vote. The group also will be on the lookout for legislation being introduced in Congress that looks "5 percent less awful" than the FCC rollback, Aaron said. He said that likely was ISP strategy all along -- seeking legislation that would be only a marginal change while calling that a compromise.
Incompas noted a "potential bombshell" that CTO Eric Burger warned of problems with the order in an internal email to commissioners. The group said an article indicated Burger, a Pai appointee, raised concerns ISPs will be able to block or throttle specific websites, which is "not in the public interest," and the FTC wouldn't have the authority to stop it unless it's explicitly anti-competitive. Incompas urged the FCC to release reported last-minute red-line changes. The FCC emailed a statement from Burger: “The discussion is a normal part of the process with meeting items. After I reviewed the relevant sections, I am satisfied the order addressed my question and we also added clarifying language to make the issue clear. I fully support the item.”
Reaction
Many in favor of the change, including commissioners, said the web status quo won't be undone. ISPs and their associations and allies repeated they won't discriminate.
"Contrary to opponents’ claims, rolling back utility-style regulation of broadband will not impact free speech, the ability of entrepreneurs to enter the market, or the freedom of consumers to visit the websites or use the internet devices of their choosing," said the Internet Innovation Alliance, whose members include AT&T. "While we don’t support Title II regulation of the internet, the U.S. Chamber [of Commerce] strongly endorses net neutrality principles and the rights of consumers to access their favorite legal online content and websites," said Chief Policy Officer Neil Bradley. There's much "overheated rhetoric," said Free State Foundation President Randolph May.
ISPs "long supported net neutrality protections and have committed to continuing to," said USTelecom CEO Jonathan Spalter. CTIA and "member companies support the open internet," said CEO Meredith Baker. NCTA's homepage touted that commitment, as did many cable operators. "ISPs have stated repeatedly that they do not and will not block, throttle or unfairly discriminate in how internet traffic is delivered," said CEO Michael Powell, who with the other two association chiefs said similar the day before (see 1712130053).
Some tech allies, including the New America Foundation, said the move would "gut" the past rules. "Now, the FCC is no longer the cop on the net neutrality beat, and all ISPs have to do if they want to engage in harmful practices is bury them in lengthy and complicated terms and conditions," New America said. It's an "unprecedented abdication of responsibility by the FCC to protect free expression online and to promote a free market for innovation," said Public Knowledge Vice President Chris Lewis.
Groups active in the proceeding issued statements for and against the order, starting before the vote. “The fight isn’t over,” the Internet Association said: It's “weighing our legal options in a lawsuit against today’s Order, and remains open to Congress enshrining strong, enforceable net neutrality protections into law.” The Benton Foundation said the order “displays a flawed and factually inaccurate understanding of Internet technology, and misinterpret[s] U.S. communications law -- a trifecta of governmental malfeasance."
National Hispanic Media Coalition's planned legal challenge (see 1712130053) aims to ensure minorities continue to have access to an open internet. “Chairman [Ajit] Pai’s repeal of Net Neutrality rules is a frontal attack on Latinos and other communities of color, who already face substantial barriers in getting online, staying online, and having high quality Internet," said General Counsel Carmen Scurato Wednesday. She said the FCC is removing the regulatory protections "without even taking a look" at over 50,000 informal complaints filed by consumers in the past two years, and uncovered by an NHMC Freedom of Information Act request. A report by an expert commissioned by NHMC to analyze the complaints said both consumers and providers "appear to consider broadband access as a basic stand-alone telecommunications service," the group said.
Other net neutrality news Thursday: on the commissioners' vote 1712140039 and on plans for state lawsuits and on Capitol Hill 1712140044.