[governance] [Dewayne-Net] Shutting Down The Phone System Gets Real: The Regulatory Implications of AT&T Upgrading To An All IP Network

[Norbert Bollow]

Michael Gurstein <gurstein at gmail.com> wrote:

> I'm wondering whether some sort of universal service obligation (and
> universal service funds/funding) might also fall within your category
> of "slow change"?

Hi Michael
I apologize that I currently don't have time to engage in any in-depth
discussion of this subject... I can summarize my current thoughts
though:

1. A *right to universal access to the Internet* is definitely
appropriate to assert. (It is a more difficult question whether this is 
a logical consequence of the well-established, internationally
recognized human rights, or whether this assertion goes in some aspects
beyond the conclusions that can be drawn from the established human
rights. Altough I used to support for the latter viewpoint, I'm now
inclined to assert that in the context of the world in which we
live, this *right to universal access to the Internet* is now a
consequence of the established human rights.)

2. This right implies two fundamentally different types of
obligations on states: First an obligation not to obstruct or hinder
internet access in any way. Secondly an obligation to vigorously work
towards progressive realization of making access available for all.

For example, I would assert that setting up web blocking infrastructure
at the boundaries of a country is a violation of the first obligation.
An example of a violation of the second obligation would be if a
government fails to have a plan and credible implementation efforts
for ensuring that public Internet access (e.g. in a library or
telecenter etc) is available at least within convenient travel distance
of every human settlement within that country. Both are human rights
violations.

3. When minimal availability of public Internet access (i.e. the
library or telecenter kind) is achieved, the *right to universal access
to the Internet* does not stop there, although it might be the case
that further improvements might reasonably be given a lower
priority than other urgent needs related to the implementation of
other human rights. E.g. in a situation of famine, I would argue that
basic communication equipment could be taken to the disaster area with
the same trucks that transport the initial shipment of food, but any
further improvement to Internet access capability can wait until the
after basic needs for food, water, warmth, sanitation, etc., are fully
met.  

4. Although I support a right to universal service, I don't think that
a universal service obligation is a reasonable strategy for achieving
it in the Internet context. I'd rather suggest the following: In those
areas where in the absence of universal service obligations the private
sector is not offering internet access services, government funded
*government owned* network infrastructure should be built, to be
administrated by a local (e.g. municipal) government. I would suggest
that this is probably best funded from taxes on something like energy
consumption in general. A universal service obligation is also a form
of taxation, but IMO one that would distort the markets in favor
of incumbant telecom (ex?)-monopolists far too much.

5. I would consider "universal access to Internet access is a right" to
be of sufficient long-term validity that I think it's ok to write that
into law, but any particular means or strategy for achieving this
should in my opinion not be written into law. What should be written
into law is only general principles like that the government should
have a strategy and an implementation plan for achieving this, and that
these documents as well as the evidence on which they are based should
be published, and that effective remedies must be available if the plan
or its implementation is provably ineffective or otherwise bad.

Greetings,
Norbert

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