[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, SWWashington, 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 

--

And Now from the Far Side: 
[*To bring this up to date, transpose G.W.Bush for Ron Reagan (Skippy)]

Well, the first thing I want to say is…”Mandate my ass!” 

Because it seems as though we've been convinced that 26% of the registered
voters, not even 26% of the American people, but 26% of the registered voters
form a mandate – or a landslide. 21% voted for Skippy and 3, 4% voted for
somebody else who might have been running. 

But, oh yeah, I remember. In this year that we have now declared the year from
Shogun to Reagan, I remember what I said about Reagan…meant it. Acted like an
actor…Hollyweird. Acted like a liberal. Acted like General Franco when he acted
like governor of California, then he acted like a republican. Then he acted
like somebody was going to vote for him for president. And now we act like 26%
of the registered voters is actually a mandate. We're all actors in this I
suppose. 

What has happened is that in the last 20 years, America has changed from a
producer to a consumer. And all consumers know that when the producer names the
tune…the consumer has got to dance. That's the way it is. We used to be a
producer – very inflexible at that, and now we are consumers and, finding it
difficult to understand. Natural resources and minerals will change your world.
The Arabs used to be in the 3rd World. They have bought the 2nd World and put a
firm down payment on the 1st one. Controlling your resources we'll control your
world. This country has been surprised by the way the world looks now. They
don't know if they want to be Matt Dillon or Bob Dylan. They don't know if they
want to be diplomats or continue the same policy - of nuclear nightmare
diplomacy. John Foster Dulles ain't nothing but the name of an airport now. 

The idea concerns the fact that this country wants nostalgia. They want to go
back as far as they can – even if it's only as far as last week. Not to face
now or tomorrow, but to face backwards. And yesterday was the day of our cinema
heroes riding to the rescue at the last possible moment. The day of the man in
the white hat or the man on the white horse - or the man who always came to
save America at the last moment – someone always came to save America at the
last moment – especially in “B” movies. And when America found itself having a
hard time facing the future, they looked for people like John Wayne. But since
John Wayne was no longer available, they settled for Ronald Reagan – and it has
placed us in a situation that we can only look at – like a “B” movie. 

Come with us back to those inglorious days when heroes weren't zeros. Before
fair was square. When the cavalry came straight away and all-American men were
like Hemingway to the days of the wondrous “B” movie. The producer underwritten
by all the millionaires necessary will be Casper “The Defensive” Weinberger –
no more animated choice is available. The director will be Attila the Haig,
running around frantically declaring himself in control and in charge. The
ultimate realization of the inmates taking over at the asylum. The screenplay
will be adapted from the book called “Voodoo Economics” by George “Papa Doc”
Bush. Music by the “Village People” the very military "Macho Man." 

“Company!!!” 
“Macho, macho man!” 
“ Two-three-four.” 
“ He likes to be – well, you get the point.” 
“Huuut! Your left! Your left! Your left…right, left, right, left, right…!” 

A theme song for saber-rallying and selling wars door-to-door. Remember, we're
looking for the closest thing we can find to John Wayne. Clichés abound like
kangaroos – courtesy of some spaced out Marlin Perkins, a Reagan contemporary.
Clichés like, “itchy trigger finger” and “tall in the saddle” and “riding off
or on into the sunset.” Clichés like, “Get off of my planet by sundown!” More
so than clichés like, “he died with his boots on.” Marine tough the man is.
Bogart tough the man is. Cagney tough the man is. Hollywood tough the man is.
Cheap stick tough. And Bonzo's substantial. The ultimate in synthetic selling:
A Madison Avenue masterpiece – a miracle – a cotton-candy politician…Presto!
Macho! 

“Macho, macho man!” 

Put your orders in America. And quick as Kodak your leaders duplicate with the
accent being on the nukes - cause all of a sudden we have fallen prey to
selective amnesia - remembering what we want to remember and forgetting what we
choose to forget. All of a sudden, the man who called for a blood bath on our
college campuses is supposed to be Dudley “God-damn” Do-Right? 

“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. 

Lon Chaney, our man of a thousand faces - no match for Ron. Doug Henning does
the make-up - special effects from Grecian Formula 16 and Crazy Glue.
Transportation furnished by the David Rockefeller of Remote Control Company.
Their slogan is, “Why wait for 1984? You can panic now...and avoid the rush.” 

So much for the good news… 

As Wall Street goes, so goes the nation. And here's a look at the closing
numbers – racism's up, human rights are down, peace is shaky, war items are hot
- the House claims all ties. Jobs are down, money is scarce – and common sense
is at an all-time low on heavy trading. Movies were looking better than ever
and now no one is looking because, we're starring in a “B” movie. And we would
rather had John Wayne…we would rather had John Wayne. 

"You don't need to be in no hurry. 
You ain't never really got to worry. 
And you don't need to check on how you feel. 
Just keep repeating that none of this is real. 
And if you're sensing, that something's wrong, 
Well just remember, that it won't be too long 
Before the director cuts the scene…yea." 

“This ain't really your life, 
Ain't really your life, 
Ain't really ain't nothing but a movie.” 

[Refrain repeated about 25 times or more in an apocalyptic crescendo with a
military cadence.] 

“This ain't really your life, 
Ain't really your life, 
Ain't really ain't nothing but a movie.”
-
Lyrics by Gil Scott-Heron - Title: 'B Movie'
http://www.leoslyrics.com/listlyrics.php?hid=mqljBdwZkwk%3D
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