February 12th, 2009 posted by Bender Rodríguez
Why do we see this first in the British press and not as banner headlines across US newspapers?
Network throttling under "reasonable network management" euphemism being inserted into Stimulus Bill.
According to the The Register in the UK:
"US Senator Dianne Feinstein hopes to update President Barack Obama's
$838bn economic stimulus package so that American ISPs can deter child
pornography, copyright infringement, and other unlawful activity by
way of "reasonable network management."
Clearly, a lobbyist whispering in Feinstein's ear has taken Comcast's
now famous euphemism even further into the realm of nonsense.
According to Public Knowledge, Feinstein's network management
amendment did not find a home in the stimulus bill that landed on the
Senate floor. But lobbyists speaking with the Washington DC-based
internet watchdog said that California's senior Senator is now hoping
to insert this language via conference committee - a House-Senate
pow-wow were bill disputes are resolved.
"This is the most backdoor of all the backdoor ways of doing things,"
Public Knowledge's Art Brodsky told The Reg. "Conference committees
are notorious for being the most opaque of all legislative processes."
Obama's stimulus bill sets aside between $6bn and $9bn for expanding
American broadband into rural areas, and Senator Feinstein hopes to
(PDF) augment this Broadband Technology Opportunities Program so that
it "allows for reasonable network management practices such as
deterring unlawful activity, including child pornography and copyright
infringement."
On one level, Obama's bill is an effort to boost the American economy.
On another, it's an opportunity for lobbyists to make a mockery
American government.
According to Public Knowledge, the Motion Picture Association of
America is behind Feinstein's language. The MPAA doesn't like
copyright infringement. And you can bet the child pornography bit was
tossed in for added effect.
But the "network management" bit sounds like ISP speak.
As Art Brodsky and his colleagues pointed out, network management is
used to manage networks - not filter content. Content filters are used
to filter content. But American ISPs - particularly cable ISPs - will
take any excuse they can find to throttle certain traffic.
And if they're using copyright infringement and child porn as excuses,
they'll have to start sniffing packets. So, Feinstein's amendment
would also destroy net privacy - if there's any out there.
Word from Public Knowledge is that Congressman Henry Waxman will back
Feinstein's amendment when it turns up in conference committee.
Representing a district near Hollywood, Waxman has long backed the
MPAA and the Recording Ass. of America in their efforts to crack down
on P2P file sharing."
Call Feinstein's office and let them know how you feel about this
backdoor maneuver:
Senator Dianne Feinstein
United States Senate
331 Hart Senate Office Building
Washington, D.C. 20510
Phone: (202) 224-3841
Fax: (202) 228-3954
TTY/TDD: (202) 224-2501
Waxman too:
Rep. Henry Waxman
In Washington, D.C.
2204 Rayburn House Office Building
Washington, D.C. 20515
(202) 225-3976 (phone)
(202) 225-4099 (fax)
In Los Angeles
8436 West Third Street, Suite 600
Los Angeles, CA 90048
(323) 651-1040 (phone)
(818) 878-7400 (phone)
(310) 652-3095 (phone)
(323) 655-0502 (fax)
"Men rarely (if ever) managed to dream up a god superior to themselves. Most gods have the manners and morals of a spoiled child."
Robert A. Heinlein