Wyden Moves to Ensure Fairness of Internet Usage with New Net Neutrality Bill

BuzzFlash
Mar. 03, 2006

From the Sen. Wyden's office:

Network operators would be required to treat all content on the Internet equally for consumers, small businesses and innovators; Wyden legislation is first comprehensive legislation in Congress on net neutrality

Washington, DC – U.S. Senator Ron Wyden (D-Ore.) today unveiled ground-breaking new legislation that would ensure “net neutrality,” or equal delivery of content on the internet, for consumers and business interests. Under Wyden’s bill, the Internet Nondiscrimination Act of 2006, network operators would be prohibited from charging companies for faster delivery of their content to consumers over the internet or favoring certain content over others.

“Creating a two-tiered system could have a chilling effect on small mom and pop businesses that can’t afford the priority lane, leaving these smaller businesses no hope of competing against the Wal-Marts of the world,” said Wyden. “Neutrality in technology enables small businesses to thrive on the Internet, and allows folks to start small and dream big, and that’s what I want to protect with this legislation.”

Specifically, the Wyden bill would ensure the network operators treat internet content equally by:

- Not interfering with, blocking, degrading, altering, modifying or changing traffic on the Internet;

- Not being allowed to create a priority lane where content providers can buy quicker access to customers, while those who do not pay the fee are left in the slow lane;

- Allowing consumers to choose which devices they use to connect to the Internet while they are on the net;

- Ensuring that consumers have non-discriminatory access and service; and

- Having a transparent system in which consumers, Internet content, and applications companies have access to the rates, terms, and conditions for Internet service.

The Wyden legislation also ensures that network operators can continue to protect subscribers against unwanted spam, spyware, viruses, pornography and other programs. It also ensures that network operators can respond to emergencies and court-ordered law enforcement needs.

The legislation additionally provides for a complaint-filing process before the Federal Communications Commission (FCC), in which an aggrieved party can file a written complaint. If the FCC accepts the complaint, the burden of proof is on the network operator to show it did not violate the law. The FCC must reach a decision in 90 days. The penalties are the same as those in the Communications Act, and the potential fines are stiff enough to encourage compliance.

“It’s wrong to create an information superhighway that’s strewn with discriminatory hurdles,” said Wyden. “Today, I have introduced legislation to stop the powerful interests who control access to the Internet from picking winners and losers on the Internet. This bill is for consumers, innovators and small businesses – it’s all about equal access for everyone: the same access, the same content, for the same price.”

Wyden is one of Congress’ leading advocates of fairness and pro-consumer policies governing Internet usage. He is the original co-author of the Internet Tax Nondiscrimination law as well as numerous other laws protecting against spyware and spam.

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"THE INTERNET NON-DISCRIMINATION ACT OF 2006"
Introduced by U.S. Senator Ron Wyden (D-Ore.)

What is Network Neutrality?
Network neutrality is the principle that all content on the Internet should get equal treatment.

Why Do We Need Net Neutrality?
The powerful interests that control the “pipes” of the Internet should not be able to control the content on the Internet for users or start charging content and applications providers for access to consumers. The information superhighway should not be filled with discrimination.

Important for Business and Innovation
Small businesses also need network neutrality. Since the Internet took off in the 1990s, small businesses have thrived on the Internet because of their ability to reach consumers with their products via the net.

Innovation would be stifled if network operators were allowed to slap providers with extra charges or pick winners and losers. The growth of the Internet and its success are due in large part to the freedom that has always existed on the Internet. Innovation has thrived because anyone with a good idea has the ability to reach consumers.

Important For Consumers
With net neutrality, consumers will continue to have a range of choices in how they use the Internet. In a world without network neutrality, network operators will leave consumers with fewer choices and higher prices.

Key Principles
Under the bill, the operators of the network would be required to treat all content on the Internet equally. This includes:

- Preventing interfering with, blocking, degrading, altering, modifying or changing traffic on the Internet;
- Prohibiting creation of a priority lane where content providers can buy quicker access to customers, while those who don’t pay the fee are left in the slow lane;
- Allowing consumers to choose which devices they use to connect to the Internet while they are on the Internet;
- Ensuring that consumers have non-discriminatory access and service;
- Having a transparent system whereby consumers, Internet content, and applications companies have access to the rates, terms, and conditions for Internet service.

In preserving network neutrality, the bill also takes steps to preserve the right of consumers to use spam, spyware, pop-up and other blocking services; makes sure emergency communications can be given priority treatment; and allows network operators to aid law enforcement by preventing the transmission of illegal content.

Supporters of the Internet Non-Discrimination Act include nearly a dozen consumer and technology interests including eBay-Skype, FreePress, and Consumers Union.