response to presentation 2

Net Neutrality and its Regulation

Group 8: ESPN the Ocho

Section 1: Background Information

Net Neutrality

No single definition

“The owners of the networks that provide access to the internet should not control how consumers lawfully use the network; and should not be able to discriminate against content provider access to that network” - CRS 2019

Blocking, Throttling, Paid Prioritization

Matt

Broadband Internet Access Services (BIAS) Retail broadband internet that individuals or businesses buy access to from telecommunications companies

AT&T, Comcast, Cox Communications, etc

Lack of options in more rural areas of the US

Matt

How has the Internet been regulated so far? 1934 Communications Act, 1996 Telecommunications Act

FCC 2015 Open Internet Order - Telecommunications service under the FCC

FCC 2017 Restoring Internet Freedom Order - Information service under the FTC

Matt

What’s the difference between FCC and FTC? FCC

Telecommunications service (common carriers)

Net Neutrality

Prescriptive rules and regulations

FTC

Information Service

No Net Neutrality

Reactive investigations

Potential Issues

No rules preventing internet hosts from altering access to the internet

Market Monopolies

Economic Interests v Public Interest

Section 2: Potential Alternatives

Federal Trade Commission (status quo)

Pros

Has more authority over consumer protection

Has authority to police “bad actors” (providers trying to establish unfair business)

Cons

Little room for feedback

Investigations take several years to complete

Lack the authority to outlaw blocking or throttling.

Can only take actions once a violation happens and is investigated

Chensiha n

Federal Communications Commission

Pros

Prescriptive approach allows for guidelines to be made beforehand

Already has regulations for Net Neutrality, protection against blocking, throttling, paid prioritization

Cons

Focus on only telecom industry

Protections are designed for free market not individuals

Little room for the feedback

It takes years to create a legislation

Chendi

New Federal Department

Pros

Immediate authority over internet activities

Removes bias from previous federal departments

Cons

Subject to potential lag time for policy alteration

Still likely to be subject to political lobbying

Would require funds and time to create a new department

Chensiha n

Private Company

Pros

Easier for an individual citizen to work for

Keep pace with the internet

Cons

Power would have to be given by the federal government

Limited input from citizens outside the company

Enforcement of policies might drag on

Can't ensure fair and equal internet access

Shaylan

International Coalition

Pros

Economic sanctions and security agreements give merit to decisions

Consolidate opinions from people of different backgrounds

Ensure fair and equal access

Cons

Hard to enforce international agreements

Less input from each individual

Slow meetings and discussions

Shaylan

Section 3: Viable Alternatives

New Federal Department

Pros

Would automatically have authority/respect as it is a government department

With a new departement, modifications could be made to the current system of FCC and FTC in order to create a more citizen influenced agency.

Cons

Would take a considerable amount of time to create a new federal department.

The potential for this agency to be greatly influenced by lobbying and could create additional problems

Nick

International Coalition

Pros

Greater input on decisions-more voices to help solve complex internet related issues

Unified system where all countries are on the same page in regards to net neutrality

Would be a respected agency as it would include the most powerful countries in the world

Cons

Would take a considerable amount of time to organize the coalition.

Due to the international nature of the agency, they would likely be slow to make decisions

Potentially for major disagreements between countries within the coalition, potential for no real progress on issues

Nick

Cost Estimates

Federal Dept

FY 2018 FCC expenses: $354 million

Includes salaries and infrastructure upgrades/modernization

Estimated cost: $500 million

United Nations Organization

World Intellectual Property Organization

USA 2017 contribution: $1.2 million of 422 million budget

Estimated cost: $2.5 million

Logan

Implementation

Fed

Create a bill to propose a new federal agency to control regulations around the internet

Or

Create an executive order that implements this new agency with control over regulating the internet

United Nations Organization

A Relationship Agreement is presented to the UN by an organization seeking affiliation

This affiliation allows for the organization to receive funds and consult from UN administrative officers

Logan

Sources Used 2020 Democrats Have Plans to Add New Federal Agencies https://www.govexec.com/oversight/2019/08/2020-democrats-have-plans-add-new-federal-agenci es/159311/ Access to Broadband Networks: Net Neutrality https://crsreports.congress.gov/product/pdf/IF/IF10955 FCC 2019 Budget Proposal in Brief https://www.fcc.gov/document/fy-2019-budget-brief FCC Open Internet Order 2015 https://www.fcc.gov/document/fcc-releases-open-internet-order Issues Raised by Open Internet Order https://crsreports.congress.gov/product/pdf/R/R43971 The Net Neutrality Debate: Access to Broadband Networks https://crsreports.congress.gov/product/pdf/R/R40616 United Nations System - Total revenue by agency https://unsceb.org/content/FS-A00-03