JurisFiction

Thoughts from Ole Miss media law students

Net neutrality: the First Amendment of the Internet?

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By Michael S.

It has taken nearly 20 years, but the haze of wonder has cleared. An initial paralysis of awe across the globe as we got accustomed and inculcated into our evolution what is, essentially, a second brain. One where we can sift through a galaxy of information sharing and filing/storage, not limited to human memory. Now that the dust has settled, there are new questions surrounding this invention of man: For one, who is in charge?

What the argument boils down to is the jurisdiction of the FCC. Presently, and how Comcast won their case, “broadband” is not a medium that the FCC technically has jurisdiction over. Broadband is not considered to be along the lines of telecommunications or broadcast. So Comcast wasn’t in the wrong for preventing the file sharing (ultimately, the goal is to eventually install a tiered system where the more you spend the more info you get or are allowed to download). This should be a quiet victory for Comcast because, as a issue that is becoming hot-topic, they are going to have their hands full when the FCC fights back claiming First Amendment violations and giants like Yahoo and Google, whose business models are focused squarely around advertising through accumulating internet traffic and could really care less on how that traffic gets there, come crying “Net Neutrality!”

But think about it: If the FCC (read: Federal Government) was granted jurisdiction (read: control) over the Internet…where does that end? As Edward Murrow pleaded to the public about the future of television, it needs to be a tool for mankind to educate and inform. Not merely a government moderated sophisticated propaganda agent. The same holds true for the future of the Internet. It is ours to lose…

Written by markdolan

April 18, 2010 at 10:33 pm

Posted in Uncategorized

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