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FTC Head Urges "Caution" On Net Neutrality

Preserving Equal Playing Field Might Slow Innovation, Platt Warns





By Martin H. Bosworth
ConsumerAffairs.com

August 22, 2006

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The Federal Trade Commission chair says a "market-based approach" would work best to ensure that the Internet remains equally accessible to all users, the so-called "net neutrality" issue.

No regulation preserving equal access to Internet content should be enacted without extensive study of its effects and how it might benefit or harm consumers, said FTC chair Deborah Platt in an address to the Progress & Freedom Foundation (PFF), a conservative-leaning policy think tank

"Broad regulatory mandates that employ a 'one size fits all' philosophy, without regard to specific facts, always have unintended consequences, some of which may be harmful and some of which may not be known until far into the future, " she said.

Majoras also reiterated the administration's position on the net neutrality issue -- that regulation can harm innovation and consumer choice.

Majoras said that when the FTC is called to rule on proposed legislation, "[W]e virtually always assert the principle that, absent clear evidence of market failure or consumer harm, policymakers should not enact blanket prohibitions of particular forms of business conduct or business models or place requirements on how business is conducted."

PFF describes itself as a "market-oriented think tank." Its donors include AT&T, Cisco Systems, and the National Cable & Telecommunications Association (NCTA), all of which oppose net neutrality regulations, presumably preferring instead to impose multiple tiers of Internet service.

PFF also has backing from supporters of net neutrality, including tech titans such as Microsoft, eBay, and Google.

PFF's "distinguished fellow" Orson Swindle is a former FTC commissioner, and has frequently spoken on the need to improve online security and reduce vulnerabilities for data fraud and identity theft.

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Net neutrality has become a flashpoint for think tanks, consumer groups, tech advocates, bloggers, and advocacy groups, with the public furor over the issue nearly scuttling massive new telecom legislation currently awaiting passage in the Senate.

Consumer groups and net neutrality supporters believe laws need to be passed to ensure telecom and cable companies will not favor their own Web content over others, and that low-income Internet users will not be left behind in the push for high-end broadband services to affluent users.

Net neutrality doesn't just affect access to content on the Web itself. The efforts of cities and municipalities to build their own publicly-funded, low-cost wireless Internet networks have been challenged by the telecom and cable industries, who claim the new competition is, well, harming competition.

Writing for The Nation, Jeff Chester of the Center for Digital Democracy criticized the telecom legislation for treating Americans as passive consumers of Internet content, rather than participants in digital democracy.

"Verizon, Comcast and the others are terrified of the Internet as we know it today, " he said. "Net neutrality rules would jeopardize their far-reaching plans to transform our digital communications system."

Without net neutrality, Chester said, "the phone/cable plan seeks to impose what is called a 'policy-based' broadband system that creates 'rules' of service for every user and online content provider. How much one can afford to spend would determine the range and quality of digital media access."



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