A few days back, I posted a link on Facebook.
In it, I implored friends unfamiliar with the issue of Net Neutrality to check it out and, if they were so moved, sign a simple petition.
A great friend of mine, who happens to work for an ISP, challenged me to defend my support of the current bill before Congress (H.R. 3458 – The Internet Freedom Preservation Act of 2009). So I shall.
Full disclosure: In my professional life, I currently have clients on both sides of this debate. However, the opinions stated below are 100% my own.
To begin, take a moment and read the bill. Not someone’s analysis or spin of the bill. Just the actual law that would go into place. It’s only 13 pages long, you can do it.
Next, let’s start with a bit of history. From the mid-1950s to mid-1960s, two visions of interstate highways were taking shape.
In President Eisenhower’s administration, a plan was developed and implemented to build the U.S. Interstate Highway System – dramatically interconnecting regions and building ties and commerce.
Just a few years later, some folks in the United States Department of Defense’s Advanced Research Projects Agency started thinking that “there ought to be one terminal that goes anywhere you want to go where you have interactive computing.” That idea was the ARPAnet. And from it, along with a few other players, grew today’s Internet (aka the Information Superhighway).
As I thought about these two reasonably simultaneous developments, a Tom Friedmanesque metaphor came to mind explaining the need for Net Neutrality:
Highways and Exits
The Highways part of the Internet business is where Internet Service Providers (i.e., phone companies, cable companies, satellite providers) provide us with our connections to the Internet. So building networks and increasing bandwidth has been the core business of ISPs for the last 18 years or so.
The Exits part of the Internet business is where we actually go and what we do there: Web sites (e.g., Amazon.com), services (e.g., VoIP) and applications (e.g., Google Docs).
Until recently, ISPs were not very involved in the Exits business. That is changing and is why we are here today debating the issue of Net Neutrality.
You see, everything was fine when the ISPs were strictly in the Highways business. They built Highways, they were allowed to charge tolls, they even were allowed to charge more money for faster access.
This model worked find as long as the ISPs were agnostic about where we, the drivers, went on their highways.
But over the last few years, ISPs have moved rapidly into the Exits business. And there is an inherent conflict of interest when they control both the Highway and the Exits.
First off, when highway owners build their own towns (Web content, Web services and Web applications), they have every incentive to favor them through preferred Exits. They will even shake down other towns (companies offering Web content, Web services and Web applications) to pony up money to become a preferred destinations with better Exits.
This favoritism will be far more significant than bigger Exit signs. It will likely grow into partnerships where giant detours are erected to keep drivers away from a particular Web site off ramps and send them to the ISPs favored Exit.
It is also likely that some ISPs will split the highway. The fast highway will only have Exits to the towns that paid them enough dough and every other town will reside off a two-lane road where drivers are stuck behind a tractor.
Secondly, when highway owners are allowed into the business of deciding which Exits may be hidden or closed, there is a legitimate fear that towns might be deemed unsavory due merely to their content by a Rupert Murdoch or George Soros-type owner who wants to extend their personal values or partisan politics to their companies.
The Internet is Critical Infrastructure
As great an impact the National Highway System has had on our nation’s growth, the enabling technologies of the Internet will soon dwarf it.
Over the last two decades, the Internet has helped businesses achieve dramatic gains in worker productivity, empowered entrepreneurs by the millions to compete with low start up costs, allowed students from around the country and world (including me) to study at U.S. universities they’ve never actually set foot in at times of their choosing.
Consequently, it has had a gigantic impact on U.S. GDP and tax revenues. That kind of thing, BTW, is just a bit important right now.
As such, the Internet meets any reasonable definition of belonging to our nation’s Critical Infrastructure and thus exists under a legal framework that allows it to be subject to regulation for the good of the state and its citizens.
Furthermore, there is not exactly unfettered competition in the ISP marketplace guaranteeing choice in case there are just a few “bad apples.”
By one count, there are only 325 ISPs serving the United States. Live in a rural area or inner city and you’ll have access to only a tiny, tiny fraction of that number. To ensure all of our citizens and businesses have equal footing on the information superhighway, we need unfettered access to the Internet.
The bottom line is not the bottom line here
Look ISPs, I understand why you want to get in the Exits business.
No, you’re not evil. You’ve simply determined that the Highways business is capital intensive, low margin work and that the Exits business can provide much higher margins and allow you to provide kick ass services through an end-to-end environment.
But when it comes to Critical Infrastructure and open competition in key industries, your profit margin is just not our problem. If this seems like a new concept to you, go and ask Microsoft about their little dance with the FTC over Internet Explorer.
As I see it, we’d be far better off as a country if you picked one of two courses: stick to the Highways business or quit the Highways business and go full bore into the Exits business.
(Of course, public wi-fi would also alleviate this issue but you’ve made it pretty clear how hard you’ll fight that idea in any city that tries).
In that environment, none of this regulation would be needed as you, the Highway owner, would get paid for building bigger, faster highways and nothing more.
But since that is not going to happen, since you are going to demand to stay in both the Highways and Exit businesses simultaneously, we’ll have to live with the dreaded “semi-regulated” industry where no one is happy (I believe my friend uttered the phrase “You call that capitalism” in response to the bill).
What I call it is democracy, an admittedly messy process to achieving the greatest good. Because an Internet that is any way comprised in access would be intolerably damaging to our citizens, businesses and democratic ideals.
Filed under: National Public Affairs | Tagged: Media, National public policy, Net Neutrality, Public affairs | 1 Comment »