The entire set of issues of network neutrality, interconnection and settlements, termination monopolies, cost allocation and infrastructure investment economics is back with us again. This time it's not under the banner of "Network Neutrality" but under a more directly confronting title of "Sender Pays." The principle is much the same: network providers want to charge both their customers and the content providers to carry content to users.
Just as the last change in administration changed the course of the FCC, so will the swing back to a Democratic administration. If you've been reading me for a few years, you know I am a big believer in the regulatory pendulum. Inevitably, when a regulatory agency like the FCC swings too far in any direction, it's inevitable that it will eventually swing back the other way.
The Internet is currently full of news articles describing how the FCC will soon be putting to bed the last vestiges of its order a few years ago to eliminate net neutrality rules. The order that is widely being called the net neutrality ruling was a far-reaching change at the FCC that essentially wrote the FCC out of any role in regulating broadband.
Dr. Laura DeNardis, Professor and Interim Dean of the School of Communication at American University and a Faculty Director of the Internet Governance Lab, is a featured panelist at this week's IGF-USA conference. In advance of the event, I would like to draw attention to her sixth book: The Internet in Everything. Freedom and Security in a World with no Off Switch. This treatise is one of those "should/must-reads" that come along from time-to-time as it focuses on a critical issue that is overlooked by either design or neglect: how digital infrastructure determines policy.
Something has been bothering me for several months, and that usually manifests in a blog at some point. During the COVID-19 crisis, the FCC and big ISPs have repeatedly said that the only reason our networks weathered the increased traffic during the pandemic was due to the FCC's repeal of net neutrality and deregulation of the broadband industry. Nothing could be further from the truth.
Just in the last two weeks, two stories in the United States hit the press that highlight behavior from ISPs that would have likely have violated the Net Neutrality rules that were killed by Ajit Pai's FCC. The big ISPs have been surprisingly quiet and have not loudly violated those rules, even though they are no longer in effect. The industry speculation is that the big ISPs are treading lightly because they don't want to trigger a regulatory overreaction should there be a change of party in the administration or Congress.
One thing I've noticed recently is that a lot of people are climbing on board the idea of building better broadband to rural America. Many people seem to think that the FCC can somehow act to fix a lot of the shortcomings of rural broadband - but in doing so, they have missed the entire point of what the FCC calls 'light-touch' regulation - because, from a practical perspective, broadband is not regulated at all.
The coronavirus pandemic has, in the most emphatic way, shown us all just how interconnected everything and everyone is. A worldwide race is underway to minimize human interactions in order to avoid a global catastrophe. The inescapable consequence of these initiatives is an unprecedented shut down of the local, regional and global economy. The latest cost estimate to save the global economy is now at $7 trillion and climbing.
I am writing to you as someone who is not your citizen, (although I had the fortune to wed the most beautiful of your daughters), to share my thoughts about the recent US Government Cyber Solarium Commission report. U.S.A. We owe you one! Without you and your citizens there would be no free Internet as we know it. Thank You! Your constitution is our inspiration. We, the global digital citizenship want to be "the people", in order to "secure the Blessings of Liberty to ourselves and our Posterity..."
The last few weeks have reinforced the importance of modern communication networks to societies. Health care providers, schools, governments, and businesses all rely on networks that enable us to connect and collaborate remotely. Had we encountered a similar pandemic ten years ago, we would not have been able to continue our activities on the level that is possible today.