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co.mments
S 215 IS
To amend the Communications Act of 1934 to ensure net neutrality.
January 9, 2007
Mr. DORGAN (for himself, Ms. SNOWE, Mr. KERRY, Mrs. BOXER, Mr. HARKIN, Mr. LEAHY, Mrs. CLINTON, Mr. OBAMA, and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
To amend the Communications Act of 1934 to ensure net neutrality.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Internet Freedom Preservation Act'.
SEC. 2. INTERNET NEUTRALITY.
Title I of the Communications Act of 1934 (
`SEC. 12. INTERNET NEUTRALITY.
`(a) Duty of Broadband Service Providers- With respect to any broadband service offered to the public, each broadband service provider shall--
`(1) not block, interfere with, discriminate against, impair, or degrade the ability of any person to use a broadband service to access, use, send, post, receive, or offer any lawful content, application, or service made available via the Internet;
`(2) not prevent or obstruct a user from attaching or using any device to the network of such broadband service provider, only if such device does not physically damage or substantially degrade the use of such network by other subscribers;
`(3) provide and make available to each user information about such user's access to the Internet, and the speed, nature, and limitations of such user's broadband service;
`(4) enable any content, application, or service made available via the Internet to be offered, provided, or posted on a basis that--
`(A) is reasonable and nondiscriminatory, including with respect to quality of service, access, speed, and bandwidth;
`(B) is at least equivalent to the access, speed, quality of service, and bandwidth that such broadband service provider offers to affiliated content, applications, or services made available via the public Internet into the network of such broadband service provider; and
`(C) does not impose a charge on the basis of the type of content, applications, or services made available via the Internet into the network of such broadband service provider;
`(5) only prioritize content, applications, or services accessed by a user that is made available via the Internet within the network of such broadband service provider based on the type of content, applications, or services and the level of service purchased by the user, without charge for such prioritization; and
`(6) not install or utilize network features, functions, or capabilities that impede or hinder compliance with this section.
`(b) Certain Management and Business-Related Practices- Nothing in this section shall be construed to prohibit a broadband service provider from engaging in any activity, provided that such activity is not inconsistent with the requirements of subsection (a), including--
`(1) protecting the security of a user's computer on the network of such broadband service provider, or managing such network in a manner that does not distinguish based on the source or ownership of content, application, or service;
`(2) offering directly to each user broadband service that does not distinguish based on the source or ownership of content, application, or service, at different prices based on defined levels of bandwidth or the actual quantity of data flow over a user's connection;
`(3) offering consumer protection services (including parental controls for indecency or unwanted content, software for the prevention of unsolicited commercial electronic messages, or other similar capabilities), if each user is provided clear and accurate advance notice of the ability of such user to refuse or disable individually provided consumer protection capabilities;
`(4) handling breaches of the terms of service offered by such broadband service provider by a subscriber, provided that such terms of service are not inconsistent with the requirements of subsection (a); or
`(5) where otherwise required by law, to prevent any violation of Federal or State law.
`(c) Exception- Nothing in this section shall apply to any service regulated under title VI, regardless of the physical transmission facilities used to provide or transmit such service.
`(d) Stand-Alone Broadband Service- A broadband service provider shall not require a subscriber, as a condition on the purchase of any broadband service offered by such broadband service provider, to purchase any cable service, telecommunications service, or IP-enabled voice service.
`(e) Implementation- Not later than 180 days after the date of enactment of the Internet Freedom Preservation Act, the Commission shall prescribe rules to implement this section that--
`(1) permit any aggrieved person to file a complaint with the Commission concerning any violation of this section; and
`(2) establish enforcement and expedited adjudicatory review procedures consistent with the objectives of this section, including the resolution of any complaint described in paragraph (1) not later than 90 days after such complaint was filed, except for good cause shown.
`(f) Enforcement-
`(1) IN GENERAL- The Commission shall enforce compliance with this section under title V, except that--
`(A) no forfeiture liability shall be determined under section 503(b) against any person unless such person receives the notice required by section 503(b)(3) or section 503(b)(4); and
`(B) the provisions of section 503(b)(5) shall not apply.
`(2) SPECIAL ORDERS- In addition to any other remedy provided under this Act, the Commission may issue any appropriate order, including an order directing a broadband service provider--
`(A) to pay damages to a complaining party for a violation of this section or the regulations hereunder; or
`(B) to enforce the provisions of this section.
`(g) Definitions- In this section, the following definitions shall apply:
`(1) AFFILIATED- The term `affiliated' includes--
`(A) a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person; or
`(B) a person that has a contract or other arrangement with a content, applications, or service provider relating to access to or distribution of such content, applications, or service.
`(2) BROADBAND SERVICE- The term `broadband service' means a 2-way transmission that--
`(A) connects to the Internet regardless of the physical transmission facilities used; and
`(B) transmits information at an average rate of at least 200 kilobits per second in at least 1 direction.
`(3) BROADBAND SERVICE PROVIDER- The term `broadband service provider' means a person or entity that controls, operates, or resells and controls any facility used to provide broadband service to the public, whether provided for a fee or for free.
`(4) IP-ENABLED VOICE SERVICE- The term `IP-enabled voice service' means the provision of real-time 2-way voice communications offered to the public, or such classes of users as to be effectively available to the public, transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol, for a fee (whether part of a bundle of services or separately) with interconnection capability such that service can originate traffic to, and terminate traffic from, the public switched telephone network.
`(5) USER- The term `user' means any residential or business subscriber who, by way of a broadband service, takes and utilizes Internet services, whether provided for a fee, in exchange for an explicit benefit, or for free.'.
SEC. 3. REPORT ON DELIVERY OF CONTENT, APPLICATIONS, AND SERVICES.
Not later than 270 days after the date of enactment of this Act, and annually thereafter, the Federal Communications Commission shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives on the--
(1) ability of providers of content, applications, or services to transmit and send such information into and over broadband networks;
(2) ability of competing providers of transmission capability to transmit and send such information into and over broadband networks;
(3) price, terms, and conditions for transmitting and sending such information into and over broadband networks;
(4) number of entities that transmit and send information into and over broadband networks; and
(5) state of competition among those entities that transmit and send information into and over broadband networks.
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The internet is one of the most unique and powerful innovations of our lifetimes. With it we, as citizens, have more power than ever to effect change and exercise our freedom of speech in an unlimited and fully accessible public forum. At the very core of its importance as a medium for serious communication is the notion that the internet, unlike any mass media that has come before it, is equally available to all people on an equal basis. Like the printing press before it, the internet represents a revolution in the communication of thoughts and ideas and should be protected by the laws of our nation as such.
Rhetoric aside, this bill will help protect the open architecture of the internet. That architecture has enabled the net to become a powerful source of innovation, economic growth, and cultural production. The telecommunications market in the US is so heavily concentrated that the action of the congress is needed to protect the Internet and its users from the rent-seeking tendencies of broadband providers and network owners.
Do you approve of yourself - or do you seek the approval of others? When we lack confidence and in particular have low self esteem, we find ourselves needing the approval of others to feel good about ourselves.
Unfortunately, in this day and age of being over worked and under valued, the approval of others may be slow to happen. Saying “well done” or “thank you” doesn’t seem to common language in modern society - and how often do you say such things to others?
Being self critical is an easy habit to get into, and forms the basis of our needing approval from others. The root of our self criticism is usually being at the receiving end of criticism from others as we grow up. I like the expression that “criticism is negative feedback badly delivered”. Constantly receiveing messages like “you’re too slow/stupid/bad/ugly/…” etc leads to us believing that this is a reality.
And language like “don’t do that” “why did you….” “you shouldn’t have” “you always” “you mustn’t” “you always” doesn’t exactly help a child feel good about themselves. Every expression is a sign of disapproval, so its not surprising we grow wanting that approval from others.
“A man cannot be comfortable without his own approval.” Mark Twain
Comparing ourselves to others is another way we end up being critical of ourselves, as we usually find ways we don’t match up. This perpetuates our own self disapproval. If you must compare - find positive things where you are better than others. Even if you find yourself with role models you are trying to emulate, there will be aspects of their personality, perhaps particular skills or attributes that you already have but they don’t possess.
Identify situations where you find yourself seeking the approval of others. Is it with particular people - boss, parent - or in particular environments - workplace, home, social? Is there any reason you can identify why this should be, why you’re leaving yourself vulnerable to their moods and frustrations?
Whether or not you can find reasons for your seeking approval, start getting in the habit of getting approval solely from yourself. As you find yourself automatically deferring to others opinion of you, catch that thinking and challenge it. If you have deep seated fears of rejection or abandonment you may need to seek professional help (such as a psychologist or counselor) if you have difficulty challenging these thoughts yourself.
One easy way to challenge such thinking, is to remind yourself that most people are quite self centered. In the same way you spend most of your time full of self talk, worrying about you, other people are not as concerned about you as you think. They’re mostly concerned about themselves.
The bottom line, whilst you’re blogging aimlessly and worried about others opinions or the approval the unemployment extension, you, they probably haven’t given you any thought at all. Like you, when they’re thinking about other people, it’s mainly in relation to themselves. None of you know what anyone else is thinking. Whether or not they’ve even noticed you or what you have done, you may never know. So why beat yourself up about it?
“A man cannot be comfortable without his own approval.” Mark Twain
Another technique, which I have written about recently in self esteem building, is to get in the habit of approving of yourself. Keep reminding yourself what you’ve done well, what you are pleased about that you have done.
The “portfolio” technique is something many people now have to do for courses and professional competence. Keep a file or folder with reminders of what you have done and achieved. Its easy to forget the things that we’re good at, perhaps things we do automatically without a second thought. You may find it helpful to ask a friend to help you at this.
Another technique is to use positive affirmations. I have previously written that I use affirmations to reinforce character traits - such as confidence - rather than to gain material possessions (as fans of the Jack Handy Law of Attraction suggest). Use affirmations to reinforce your approval of yourself - what you like about you.
Okay, who here seriously believes that internet usage is a RIGHT? Why should people who did nothing to create the internet nor are in any way involved in its maintanence be guaranteed equal access? Just because it exists?
There is nothing special about the internet that it needs to be protected by this kind of law. Net Neutrality stifles innovation, by decreasing the amount of compensation internet service providers can obtain. Not only that, but I'm pretty sure that making everybody equal actually puts back the people who would have better access without it.
For a pretty decent analogy, what if we removed carpool lanes from the freeways? Would that make everybody faster? That's the kind of logic that the supporters of net neutrality would want you to think. The truth is that the internet would be more efficient if people who had similar needs joined together. In fact this is what businesses do all the time. And business is a good thing. Business is the only way an economy can exist.
Besides, the only people who really want laws like this are insufferable internet addicts. Who cares what they think?
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