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This is a do or die moment for a free and open Internet, and President Obama needs to decide which side he is on — ours or the side of the giant telecommunications corporations.
On Wednesday, Obama appointee and FCC Chairman Julius Genachowski announced plans to issue weak, industry-friendly regulations when the FCC meets on Dec. 21st. And in a cynical ploy Genachowski is calling the regulations "net neutrality," when they're nothing of the sort.
President Obama, who promised on the campaign trail to be an advocate for net neutrality, can stand up now and call for stronger rules to protect American consumers, or he can sell us out to the narrow interests of the telecoms.
While the White House initially praised Genachowski's cynical ploy, there is still time to get President Obama to change course and do the right thing.
There is no question — this is one campaign promise President Obama is fully capable of delivering on.
He doesn't have to worry about overcoming a Republican filibuster in the Senate or navigating the inevitable backstabbing and backbiting by the Blue Dogs.
Yet what Genachowski is proposing fails the smell test. For example, it effectively fails to ensure net neutrality when the Internet is accessed wirelessly. And the regulations Genachowski is proposing rest upon the FCC's Title I authority, which the courts have already ruled do not give the FCC authority to enforce net neutrality regulations. So the proposed rules are not only weak, they're ultimately unenforceable.
Let's remember that we're only talking about Title I authority because of a Bush-era decision to deregulate broadband. The FCC has all the authority it needs to reclassify broadband under Title II to give itself the legal footing to enact strong net neutrality regulations. And a majority of commissioners have gone on the record in support of net neutrality.
There is only one Internet, and consumers should be allowed to access any legal website, service or application on any device of their choosing (whether they're accessing the Internet wirelessly or not). Furthermore, broadband providers cannot be allowed to employ paid prioritization schemes to give favored network access to some websites or services over others. And finally, an FCC standing up for us would issue rules resting on a strong legal foundation (i.e. the FCC's Title II authority) with the terms defined in a way that avoids the huge loopholes favored by industry.
President Obama can make sure the FCC takes action to protect American consumers and ensure we don't lose the free and open Internet.
But if he allows his FCC Chairman to cave to the narrow corporate interests of the telecommunications giants, Obama will be doing so out of choice and not necessity.
Thank you for working for a better world.
Matt Lockshin, Campaign Manager
CREDO Action from Working Assets
CREDO Action from Working Assets
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