[LINK] US: Preserving a Free and Open Internet

Steven Clark steven.clark at internode.on.net
Thu Dec 2 11:21:53 AEDT 2010


On 02/12/10 10:18, Marghanita da Cruz wrote:
>> Preserving a Free and Open Internet
>> December 1st, 2010 by Julius Genachowski - Chairman, Federal Communications Commission
>>
>> Julius GenachowskiAfter months of hard work we have reached an important milestone in the fight to protect a free and open Internet for all Americans.
so there is a 'war on obfuscation' now ;)

>> Today, the FCC proposed basic rules of the road to preserve the open Internet as a platform for innovation, investment, job creation, competition, and free expression. If adopted later this month, these basic rules will mean several things for consumers, namely:
>>
>> 1. Americans have the freedom to access lawful content on the Internet, without discrimination. No one should be able to tell you what you can or can’t do on the Internet, as long as it’s lawful. 
"as long as it's lawful" is a big caveat ... and is problematic for some
because it opens the possibility for having your behaviour monitored 'to
be sure' you're not being prevented from doing something you can
lawfully do (and/or vice cersa).

>> Our rules will ensure that no central authority—either corporations or government—have the right to decide what you can access on the Internet.
good luck with that in the real world.

and it's patently false because of the 'as long as it's lawful' caveat.

>> 2. You have a right to basic information about your broadband service. Our proposed framework will ensure that consumers have information they need to make informed choices about subscribing or using broadband networks.
but not detailed, specific knowledge? what about non-broadband networks?

all providers have to do in this space to obfuscate is provide a
plethora of options.

or be facebook: you really don't have choices once you've joined up. if
you want to use/access the same applications as your 'friends', you
*have* to allow fb to disclose your personal information.

>> 3. The Internet will remain a level playing field. The ability for consumers to speak their mind, engage in commerce and innovate without permission from a corporation has enabled the Internet’s unparalled success.  Our rules will protect against corporate gatekeepers prioritizing access to one person’s content over another’s.
> <http://blog.openinternet.gov/?p=362>
*remain* level for whom?

-- 
Steven R Clark, BSc(Hons) LLB/LP(Hons) /Flinders/, MACS, Barrister &
Solicitor

PhD Scholar
School of Commerce, Division of Business
City West Campus, University of South Australia (UniSA)
<http://people.unisa.edu.au/Steven.Clark>

Deputy Director, Community Engagement Board (CEB)
Chair, Economic, Legal and Social Issues Committee (ELSIC)
Australian Computer Society (ACS)
http://www.acs.org.au/index.cfm?action=show&conID=acscas
<http://www.acs.org.au/index.cfm?action=show&conID=acscas>

*Disclaimer:* This is email is not legal advice. Comments and statements
above are based on my understanding of the issues at hand, and my
attempts to understand them. They are intended to add to, and elicit
discussion. Unless explicitly stated otherwise, opinions and statements
are mine, not those of UniSA or the ACS.




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