[governance] Are Internet users powerless or empowered, and how?

[yehudakatz at mailinator.com]

> In any case, this tangent is still a red herring, IMHO. -Dan-


That's right Dan, and Icann is to be the globalized extention of the FCC.
Now ... Lets back that up an extra-heaping of Right-Wing Red/White/and Blue
rhetorical:

Below is the letter sent to the FCC today by the "Hands Off the Internet"
coalition:

ref.: http://handsoff.org/blog/net-neutrality/hoti-letter-to-the-fcc/#more-286

-

November 7, 2007

The Honorable Kevin J. Martin
Chairman
The Federal Communications Commission
445 12th Street, SW
Washington, DC 20554

Re: Request for FCC Review of Comcast actions involving BitTorrent 

Dear Mr. Chairman:

During your tenure as FCC chairman, you have supported the free market over
government regulation as the best way to preserve free expression and speech
while also bringing new benefits to Internet users. 

The Hands Off the Internet coalition has supported this view, as we believe it
is consistent with America’s traditional “light regulatory touch” Internet
policies that have enjoyed strong bipartisan support for more than a decade. 

As you know, the cornerstones of today’s open Internet are the four principles
embedded in the FCC’s August 2005 net neutrality policy statement:

1. Consumers are entitled to access the lawful Internet content of their
choice; 
2. Consumers are entitled to run applications and services of their choice,
subject to the needs of law enforcement; 
3. Consumers are entitled to connect their choice of legal devices that do not
harm the network; and 
4. Consumers are entitled to competition among network providers, application
and service providers, and content providers. 

These principles are the necessary safety net to protect consumers and the
openness and freedom of the Internet.

Comcast’s actions toward BitTorrent: Initial reports and subsequent confusion
demand FCC investigation

Comcast stands accused of violating the FCC’s four principles. The company has
responded by offering the rationale for the actions it took. Now the ball is in
your court.

The FCC must determine if any of its four principles have in fact been
violated. If not, and the process has been fair and open, then so be it. If
after reviewing the facts, the FCC determines that the company has been in
violation, then the FCC must determine the remedy. 

With both outcomes, the process works and the integrity of the four principles
are intact.

The FCC is on firm ground to investigate this possible violation of the open
Internet
>From a legal standpoint, Mr. Chairman, we believe the FCC has clear authority
to enforce its four principles. Title 1 of the Communications Act of 1934
specifically grants the FCC the power to:

“regulat[e] interstate and foreign commerce in communication by wire and radio
[and to] perform any and all acts, make such rules and regulations, and issue
such orders” to fulfill this mission. 
In 2005, in the Brand X case, the U.S. Supreme Court upheld the FCC’s
authority, writing that provisions in the Communications Act:

“give the Commission the authority to promulgate binding legal rules…. [Also,]
the Commission has jurisdiction to impose additional regulatory obligations [on
Internet Service Providers under its authority] … to regulate interstate and
foreign communications….”
Finally, as you testified to the Senate Commerce Committee on September 12,
2006 when asked if the FCC had authority to stop an Internet provider from
blocking or degrading access:

“The Commission does have authority under Title 1 of the Communications Act,
and indeed last summer the Supreme Court… stated that the Commission has
ancillary authority to adopt additional rules over the infrastructure providers
of broadband access…. So I think we do have that authority.”
We believe you do, too. Mr. Chairman, we were on record during the 109th
Congress in support of codifying these principles into federal law. Though the
legislation was held up and did not pass into law, we remain committed to these
Four Principles and we urge you to move expeditiously to resolve any possible
violations and uphold their integrity.

Sincerely, 

Mike McCurry
Co-Chair

Christopher Wolf
Co-Chair 

--

>From the Far (Right) Side:

“You go give them liberals hell Ronnie.” That was the mandate. To the new
“Captain Bly” on the new ship of fools. It was doubtlessly based on his
chameleon performance of the past - as a liberal democrat – as the head of the
Studio Actor's Guild. When other celluloid saviors were cringing in terror from
McCarthy – Ron stood tall. It goes all the way back from Hollywood to
hillbilly. From liberal to libelous, from “Bonzo” to Birch idol…born again.
Civil rights, women's rights, gay rights…it's all wrong. Call in the cavalry to
disrupt this perception of freedom gone wild. God damn it…first one wants
freedom, then the whole damn world wants freedom. 

Nostalgia, that's what we want…the good ol' days…when we gave'em hell. When the
buck stopped somewhere and you could still buy something with it. To a time
when movies were in black and white – and so was everything else. Even if we go
back to the campaign trail, before six-gun Ron shot off his face and developed
hoof-in-mouth. Before the free press went down before full-court press. And
were reluctant to review the menu because they knew the only thing available
was – Crow. 

...

“You go give them liberals hell Ronnie.” That was the mandate. To the new
“Captain Bly” on the new ship of fools. It was doubtlessly based on his
chameleon performance of the past - as a liberal democrat – as the head of the
Studio Actor's Guild. When other celluloid saviors were cringing in terror from
McCarthy – Ron stood tall. It goes all the way back from Hollywood to
hillbilly. From liberal to libelous, from “Bonzo” to Birch idol…born again.
Civil rights, women's rights, gay rights…it's all wrong. Call in the cavalry to
disrupt this perception of freedom gone wild. God damn it…first one wants
freedom, then the whole damn world wants freedom. 

Nostalgia, that's what we want…the good ol' days…when we gave'em hell. When the
buck stopped somewhere and you could still buy something with it. To a time
when movies were in black and white – and so was everything else. Even if we go
back to the campaign trail, before six-gun Ron shot off his face and developed
hoof-in-mouth. Before the free press went down before full-court press. And
were reluctant to review the menu because they knew the only thing available
was – Crow. 

-

Lyrics by Gil Scott-Heron - Title: 'B Movie'
http://www.leoslyrics.com/listlyrics.php?hid=mqljBdwZkwk%3D
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