[governance] Net neutrality: Definitions

[Paul Lehto]

This discussion (such as the one below)  is a bit vague about exactly
what component of the internet we're hypothetically discussing could
or could not be denied by a private company to a user, but if we are
talking about a component that a company has a de facto monopoly on,
and without which the user's experience would not be the same, then
the regulatory authority regarding monopolies is a quantum leap
greater than regulatory authority in the case of non-monopoly.

In the case of monopoly, a private owner is usually highly regulated
(or, if not, the government has the authority to so regulate) and the
normal political instincts and normal business judgment being brought
to play in opinions given on these examples would not be a fair guide
to what happens or can happen in the case of monopoly.

I once sued a notorious spammer and the newspaper covered the filing
of the suit. Within 24 hours, the upstream connectivity of the spammer
was terminated by Verizon on grounds of illegal activity.  This was
like a nuclear bomb to the activities of the spammer, and faster by
far than the justice system, yet despite my dislike of this spammer I
didn't approve of Verizon's precipitous action since nothing had been
proved (yet).  But it was NOT a case of monopoly because the spammer
was able to find a competitor to provide the same service and he was
back in business within a few days.

 I have a real problem with any private company being able to
terminate service based on even a fact-checked newspaper article,
since my personal opinion of their merit is, on principle, irrelevant.
 The terminated person could just as easily be an internet-radio
station I supported and believed was disseminating indispensable news
and opinion.

As in the case of privatized prisons and things like that, when the
private sector runs something that is normally a public or
governmental function, constitutional rights and principles follow,
and the change of ownership doesn't control.  Thus, this "public"
"private" debate is with us to stay, regardless of whether any one
things things are "hard to define."

Paul Lehto, J.D.

On 8/17/10, Tapani Tarvainen <tapani.tarvainen at effi.org> wrote:
> On Tue, Aug 17, 2010 at 03:02:30PM -0700, Karl Auerbach (karl at cavebear.com)
> wrot
>> On 08/17/2010 03:22 AM, Tapani Tarvainen wrote:
>> >On Tue, Aug 17, 2010 at 03:08:07AM -0700, Karl Auerbach
>> > (karl at cavebear.com) wro
>>
>> >>>>I can limit or even revoke your access at any time without notice.
>> >>>>So can every other operators, except perhaps certain governmental
>> >>>>("public") operators.
>> >
>> >is an overstatement.
>>
>> Really?  So I would be prohibited from throwing the power switch on
>> my web server or router?  And I would be prohibited from not paying
>> my domain name bill and letting my domain name lapse?
>
> No. But your statement above implies you could revoke access to an
> individual selectively for any reason whatsoever, and that is not true
> if you are doing business here (Finland/Europe).
>
> Of course you can quit doing business if you want and if you're
> acting as a private individual in personal capacity, you are
> not bound by laws regulating businesses.
> Ditto for non-commercial associations (although even those have
> some more restrictions than individuals).
>
>> The intrusion on personal choice that you are suggesting is, at
>> least to ears of this Californian, rather draconian and contrary to
>> the concept of freedom of association (an aspect of free speech
>> which is to say the right to not speak to those to whom you do not
>> wish to speak.)
>
> In most of Europe (and indeed most of the world, I believe), freedom
> of speech is rather heavily limited when it comes to commercial activity.
>
> --
> Tapani Tarvainen
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