Exploring New Ideas for Protecting plus Promoting the Open Internet

Last week was a big one in the Commission’s quest for the very best approach to protect and promote an Open Internet.

Our community comment period ended on Monday… with more than 3. 7 million feedback and reply comments submitted by a public that is passionate about this issue. Several comments focused on potentially harmful effects of paid prioritization on innovation plus free expression, among other ideals. On Tuesday and Friday, the particular Commission hosted 12 hours of discussions in the Open Internet Roundtables, including dialogue on the threats to an Open up Internet and policies to address individuals threats, the scope of new Open up Internet rules, proposed enhancements to existing transparency rules, the application of Open up Internet rules to mobile high speed, the best ways to enforce Open Internet rules, and the technical aspects of ensuring an Open Internet.

On Wednesday, Chairman Wheeler testified before Our elected representatives and explained that all options are open up and that, in particular, Title II is very much on the table. On the same day, the particular Senate Judiciary Committee held a hearing on the Open Internet.

At the week’s close, Chief Wheeler emphasized that the Commission is seeking a rainbow of policy plus legal proposals, rather than being restricted to what he called limited “monochromatic” options.

In the wake up of that week, and looking ahead to upcoming roundtables on economic theory plus legal authority, it’s worth noting some of the ideas in the record the Commission staff has identified as contributing to the potential ways that an Open Internet could be preserved.

Commenters have got suggested how Section 706 could be used. For example , AOL supports reclassification under Title II with substantive rules promulgated under Section 706. And AT& T has recommended paid prioritization could be banned under Section 706.

At the same time, the Commission has been presented with numerous variants on the use of Title II. Tim Wu and Tejas Narechania have made an important proposal of this kind, as has the Mozilla Foundation, which usually suggested in its reply comments that Title II be used to create a presumption that all paid prioritization arrangements are usually unlawful.

Some parties also have spoken positively of the advantages of both Section 706 and Name II. For example , a coalition of library and higher-education institutions made proposals that build on these options for legal authority—suggesting, among other suggestions, a finding that paid prioritization plans presumptively violate the law under a regular of “Internet reasonableness”.

Among the witnesses at the Senate listening to last Wednesday was Nuala O’Conner of the Center for Democracy plus Technology (CDT), who said that reclassification was a significant option but who seem to also suggested that the Commission think about a “hybrid” approach combining the strengths of both Section 706 plus Title II, which would employ Area 706 to protect consumers and other Access to the internet subscribers and Title II to shield edge providers.

A cross-bureau group of staff are critiquing these options as well as others in the record. The robust discussion will certainly continue in the weeks ahead, including in our last Open Internet Roundtable on October 7 that will specifically focus on theories of legal specialist and the legal basis for the construction of Open Internet rules.


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