Subject: Don't Think So . . . Judiciary Votes for Antidiscrimination for Broadband
From: Seth Johnson <>
Date: Thu, 25 May 2006 20:21:50 -0400

This is the one list I didn't post commentary to.

This Bill is bad news.

The public interest advocates have done their level best on
this.  You really, truly have to hand it to them.

But it's time for we who actually use our computers and the
Internet in productive fashion, to join in explaining why this is

Below is my commentary from elsewhere:


Wrong target.  The issue is not nondiscriminatory treatment of
"content, services or applications."  Now we will have
marginalized new applications (and content and services).

The target is the IP protocol.

Fair, best effort, non-discriminatory.

This Bill only gives the other side more to work with.  Whereas
they knew at some level people would want to fight for their
rights of free expression on the communications medium, whatever
they tried to do, now they only need to articulate "equal
treatment" for particular "content, services or applications." 
And only "lawful" "content, services or applications."

It needs to be language that speaks of the transport, in its
nature.  Not the application layer.

Sorry.  But that's the deal.  Anything else will screw it up.

And let me emphasize that further: This would spell the end of
most of the issues we are concerned about.  It will signal the
beginning of authorizing without question reification of
"content, services and applications" and will dovetail with WIPO
broadcaster rights and end-to-end content control that reaches
across the network and all the way through your machine.

It's like language.  It's got letters and you can have different
languages making different words with the same letters, and you
can make any sentence you need to, to accomplish anything you

It's bit-level flexible.  This Bill will kill that.


> -------- Original Message --------
>  Subject: [nten-discuss] A Net Neutrality WIN!
>     Date: Thu, 25 May 2006 12:02:40 -0700
>     From: "Steve Wright" <>
>       To:
>   Today the House Judiciary Committee passed an amendment to the
> Clayton Antitrust Act that would bar discriminatory practices by
> broadband Internet access providers.  The vote was 20-13, with 4
> not voting.  This vote is a victory for the net neutrality
> coalition.  The bill was supported by 6 Republicans and 14
> Democrats. Republicans voting in favor were Sensenbrenner
> (Chairman), Goodlatte (Co-founder, Congressional Internet
> Caucus), Lungren, Jenkins, Cannon and Inglis.
>   The House Judiciary Committee is likely to request that this
> bill be made an amendment to the Energy and Commerce-passed video
> franchise bill, with its weak neutrality provisions, when it is
> considered by the full House.  There is no clear indication how
> the House leadership will deal with these divergent proposals,
> but at least there is now a net neutrality vehicle to
> counterbalance the telcom bill. 
>   Steve Wright
>   Program / Technical Director
>   w: 415.901.5606
>   f: 415.358.4304 (general)
>   f: 415.520.0124 (for CRM donations):
>   +++++++++++++++++++++++++++++++++++
> has been added to the KLD Domini 400 Social
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