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House Introduces "Internet Freedom Preservation Act"

Bill would amend Communications Act to protect net neutrality

By Martin H. Bosworth
ConsumerAffairs.com

August 1, 2009

Representatives Ed Markey (D-MA) and Anna Eshoo (D-CA) introduced the "Internet Freedom Preservation Act" of 2009 (aka H.R. 3458), which would amend the Communications Act of 1934 to cover net neutrality to "protect the right of consumers to access lawful content, run lawful applications, and use lawful services of their choice on the Internet," according to the bill.

"A network neutrality policy based upon the principle of nondiscrimination and consistent with the history of the Internet's development is essential to ensure that Internet services remain open to al consumers, entrepreneurs, innovators, and providers of lawful content, services, and applications," the legislation said.

The bill offers provisions for "reasonable network management," the language coined by the Federal Communications Commission (FCC) as a standard for measuring whether Internet service providers are blocking content from users or favoring some offerings over others, but "only if it furthers a critically important interest."

The legislation calls for the FCC to conduct eight public broadband summits around the country, within a year of the bill's passage, in order to solicit opinions from the public and various stakeholders on the U.S.'s Internet-related policies.

"The Internet has thrived and revolutionized business and the economy precisely because it started as an open technology," Rep. Eshoo said. "This bill will ensure that the non-discriminatory framework that allows the Internet to thrive and competition on the Web to flourish is preserved at a time when our economy needs it the most."

Media activists and supporters of net neutrality cheered the introduction of the bill. "The future of the Internet as we know it depends on maintaining freedom and openness online," said Ben Scott, policy director for Free Press. "This crucial legislation will help to ensure that the public -- not big phone and cable companies -- controls the fate of the Internet."

The issue of unrestricted Internet access has gained new traction on Capitol Hill in the wake of reports that Apple and AT&T are each blocking or preventing users from accessing services for the mega-popular iPhone, which is exclusive to AT&T at the moment.

FCC chairman Julius Genachowski recently sent letters to Apple, AT&T, and Google asking why Google Voice, the company's popular free calling service, was rejected for use on the iPhone. Critics say the issue is related to net neutrality, as companies should not be allowed to prevent customers from utilizing legal programs of their choosing on their devices--or computers.

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