The
imperfect founders of the Republic anticipated a struggle over freedom
of the press. But surely they could not have imagined — and 10 years
ago most people could not have imagined — that the democratic potential
of the nation might turn on the outcome of a fight over freedom of
access to the Internet.
Strip
away the technical jargon and this name-calling brawl is about whether
people have the right to talk to one another, write to one another and
organize politically without the interference of large corporations.
The
fight over net neutrality tears at old race, class and gender wounds
that reflect deep, historic social and economic tensions.
Picture this: A stream of information flowing unfettered through broadband cables, antennas and satellite beams.
Then,
suddenly, a filter designed by a big corporation is placed in the
stream and filters out all information that does not increase its
profit margins or supports its political and social visions.
With
the U.S. Supreme Court’s decision freeing corporations to meddle in
politics, and now the possible end of net neutrality, it all seems like
a perfect concoction for a doomed democratic project.
In
an era in which newspapers are disappearing, and a few corporations are
tightening their monopolistic grip on broadcast media, the continuation
of net neutrality is seen as vital to the future of the formation of
communities and political possibilities.
The
future of net neutrality will be determined in the streets and before
courts and the Federal Communications Commission (FCC).
Malkia
Cyril, of the Center for Media Justice, says that “decisions about
network neutrality rules will determine Internet access and relevance
for poor people, communities of color, and other marginalized groups
now and far into the future.
“It
will shape our media access, define — in part — our access to
employment and education, and offer or deny platforms for advocacy and
self-representation.”
Everyone
is throwing everything into the struggle, which, in some ways, is
tactically equal to the development of the civil rights, Black power
and feminist movements.
Strategic
framing has been an important battlefront. Broadband providers have
tried to seize the high ground by co-opting the language of progressive
movements (freedom, equality and diversity) to frame their arguments.
Under
funded net neutrality proponents are organizing and educating from the
bottom up, focusing on Internet users and those who can’t afford to
use. Press releases are flying into media outlets from both sides and
blog sites and YouTube posts are coming and going.
Black
Caucus members have joined the fray, with a number of them coming out
against net neutrality. Others, including the Asian American Justice
Center, the Hispanic Technology & Telecommunications Partnership,
the National Black Caucus of State Legislators, and the National
Conference of Black Mayors joined them, too.
They
argue that net neutrality could inhibit investment, cost jobs, and
actually delay build-outs to underserved populations, which tend to be
disproportionately rural and minority.
Critics argue that lobbyists have bought these anti-net neutrality politicians.
“Our
elected servants are serving two masters,” said Chris Rabb, the
publisher of the influential blog, Afro-Netizen. “The people who vote
for them, their constituents and the lobbyists who fund their campaigns.
“We
have a systemic issue around how to make our public servants do what is
in the best interest of their citizens when the system prevents them
from doing so,” he said.
“With
regard to those people of color who are doing the bidding for big
broadband companies, we have to shame them,” Rabb added. “The easiest
way of doing that is putting them into the same buckets as Glen Beck
and others like him, who represent conservative views but lack facts to
back them up.”
Late
last month FCC Commissioner Mignon Clyburn responded, saying that
network neutrality is not a threat to minority advancement, but smart
regulation that will help avoid the "damage" done to diversity by radio
and TV deregulation, which resulted in a sharp decline in minority
owners of radio stations.
As
a result, in some big cities, such as Philadelphia, there is only one
Black-owned radio station and it is a low powered AM station that is
barely heard after the sun goes down.
"Together
we must ensure that people of color — and all Americans — can
participate as owners, employees and suppliers online," she said. "That
cannot happen, however, if we passively permit a new set of gatekeepers
to erect yet another set of barriers to entry."
The
Black left has come out swinging too, offering a brazenly hot, but
sobering critique in which they frame African American supporters of
the drive to end net neutrality as servants of big telecom.
Bruce
Dixon, the managing editor of the influential blog, BlackAgenda Report,
thinks that an end to net neutrality is would be a disaster for
communities of color.
Explaining
why Black elected officials and others would oppose net neutrality,
Dixon observed: “The independence of Black American leadership is under
assault by a tsunami of cash. Unprecedented levels of corporate
underwriting are subverting Black civic organizations.
“Tens
of millions in faith-based federal grants have been deployed to suborn
Black clergy. Rivers of charitable and campaign contributions have been
invested in subduing or silencing the voices of African America elected
officials. Predictably, the onslaught is taking its toll.”
The
legal battle over net neutrality was ratcheted up two years ago when
Comcast blocked its broadband subscribers from using BitTorrent, an
online file-sharing technology.
The
FCC then issued rules requiring Internet broadband providers to give
equal treatment to all data streaming through their networks. The FCC
rules were designed to prevent the abuse of phone and cable companies
from taking over control of the high-speed Internet access market.
There
are only a few companies that dominate the broadband industry. During
the early days of the Internet, the 1990s, there were more than 7,000
service providers. Now it is just the three: Comcast, Verizon and ATT
and all of the companies oppose net neutrality.
The
country’s leading Internet companies, including Google and Skype,
contend that without net neutrality broadband providers will prioritize
traffic based on financial status, creating a social stereotype for
Internet customers.
Comcast declared that the FCC had no authority to regulate the Internet and the fight was on.
The
broadband giant rounded up its lawyers and opened its multi-billion
dollar vault and starting slipping cash into the hands of almost
anybody who would listen and agree with them.
Comcast
hired Helgi C. Walker, a partner in the law firm of Wiley Rein LLP. She
has a reputation for winning on behalf of Fortune 500 companies. She
represented Coors Beer Company when it refused to pay Puerto Rico's
beer tax. She won that case.
She
helped big-time media companies challenge FCC's children's television
rules. She won that one too. That victory is the reason why television
stations can put anything they want during the hours that used to be
devoted to education programs.
Austin
Schlick, the FCC’s general counsel, represented the commission.
Schlick, a competent lawyer, was, according to some observers,
overmatched going up against Walker and her highly paid team of
attorneys, researchers and assistants.
Walker
set out to prove to the U.S. Court of Appeals for the District of
Columbia Circuit that the FCC had no power to regulate Comcast’s
broadband business.
If her argument was not entirely plausible, she was, apparently, persuasive.
During
oral arguments, Judge A. Raymond Randolph ominously warned Schlick that
the FCC acted based on policy statements that were "inspirational, not
operational," which seemingly indicates that the agency could not
legally regulate the Internet and enforce net neutrality.
A final ruling is expected in the spring.
Despite
the judge’s warning, FCC Chairman Julius Genachowski still thinks the
agency has a chance of receiving a favorable ruling.
In
the event it does not win the case, the FCC says it will ask Congress
to pass "open Internet" legislation. The aim of that legislation would
be to give the FCC the clear authority the agency needs to regulate
broadband services.
"Our
hope is that there's an outcome that preserves a free and open Internet
and accomplishes what we're in this game to do," he said during the
recent Consumer Electronics Show in Las Vegas.
“Depending
on the outcome of this case, all aspects of broadband regulation could
be threatened,” Malkia Cyril of the Center for Media Justice warned in
a memo to supporters. “To win any of the public interest protections we
seek, and to hold powerful private interest groups at bay, the FCC must
maintain jurisdiction.”
White House and Congressional politics will play a critical role.
In
a YouTube question and answer session after the State of the Union
address, President Obama said he remains committed to net neutrality
despite a push-back from large Internet service providers who want to
"extract more money from wealthier customers."
He
said efforts to dump net neutrality "runs counter to the whole spirit
of openness that has made the Internet such a powerful engine not only
for economic growth, but for the generation of ideas and creativity."
The stage for a rancorous legislative session over the issue was set during the presidential campaign.
Even
back then, big telecom’s money was riding on John McCain, who was the
top recipient of campaign contributions from the telecom industry,
taking in $894,379 in between 2007 and 2008.
In the Senate, McCain introduced the “Internet Freedom Act,” which would have abolished net neutrality.
Conservatives
in Congress are sure to label proponents of net neutrality as
“socialists.” Supporters will claim that the right wing represents a
whiff of fascism in the air of the nation.
There
will be no clear lines of demarcation. The grounds will shift in
Congress and — as with the health care debate — within the Obama
administration.
James
Rucker, of the Internet organization Color of Change, has already
wondered out loud in an open letter published in the Huffington Post
why some leaders of people of color would oppose net neutrality given
the possible harm it could cause to the powerless.
“They
claim,” he says in reference to net neutrality opponents, “that if
broadband providers can earn greater profits by charging content
providers for access to the Internet "fast lane," then they will lower
prices to underserved areas.
“In
other words, if Comcast — which already earns 80 percent profit margins
on its broadband services — can increase its profits under a system
without net neutrality, then they'll all of a sudden invest in our
communities. You don't have to be a historian or economist to know that
this type of trickle-down economics never works and has always failed
communities of color.”
In
his own open letter responding to Rucker, Navarrow Wright, President
Maximum Leverage Solutions and an opponent of net neutrality, accused
Rucker of the reciting talks points of Google, which opposes regulation
of the Web.
Then
Wright in his letter in the Huffington Post got personal: “You (Rucker)
might not understand why they (some Black leaders) don't trust the FCC
to get it right. Understandable mistakes if this is your first foray
into media and communications issues ... but there is a long history
behind their deep skepticism and it makes sense that they would
question the FCC on its intended course of action.”
Rucker
followed up with another open letter. “My hope in writing my first post
was that it might encourage civil rights leaders who have opposed or
questioned net neutrality to publicly explain their positions. Given
what's at stake, I think its incumbent on leaders opposing or
questioning net neutrality to publicly make clear why. Unfortunately,
none have done so.”
Dixon,
in his online article, expressed a broader, and more important concern:
“In the generation since the Freedom Movement ended, corporate forces
have all but extinguished the internal political conversation of Black
America, by doing away with news programming on Black-oriented and
other media, and by assuming the role of chief funders for Black
elected officials and mainline civil rights organizations.”
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