Rep. Marsha Blackburn (TN, R-7th District), on Tuesday introduced the Open Internet Preservation Act (OIPA), a Bill that would Prohibit internet Service Providers (ISP) from Blocking or Throttling Internet Content, following the FCC’s controversial vote on Thursday to Repeal Obama-era Net Neutrality rules mandating that ISPs treat All Online Content equally.
On Tuesday, the Congresswoman showed herself supposedly Signing the Bill and said the FCC's actions in overturning the 2015 Open Internet Order cleared the way for it.
CLICK HERE to read the seven page (pdf) Open Internet Preservation Act.
Some Media Organizations have ran flattering headlines on the Bill, like the Washington Post, which wrote that “Days after the FCC repealed its net neutrality rules, the GOP has a bill to replace them.” But it cannot be overstated that Blackburn’s Bill does not do that. Instead, it offers a few Bare-Bones Protections in Exchange for the meat of the FCC’s Decision to stay in effect.
The text of the OIPA says it would Amend the Communications Act to “prohibit blocking of lawful content, applications, services, and non-harmful devices, [and] prohibit impairment or degradation of lawful Internet traffic.” So great, Verizon literally can’t flip a switch and turn off Netflix, or, much more likely, deliberately throttle it. That’s a slight Improvement on the Regulatory environment in the wake of the FCC’s decision to Abandon Title II Common Carrier Regulations, the lack of which now allows ISPs to get away with pretty much anything.
Yet Blackburn’s Bill doesn’t Prohibit ISPs from Charging Content Creators like Websites or Streaming Services for Paid Prioritization Services. Because everyone will be fighting over a finite amount of Network Capacity, that’s tantamount to offering those that don’t pay up shittier service anyhow. It also Reclassifies Broadband Internet as an “information service,” which would prevent the FCC from ever Regulating it as a Title II Carrier in the future. Furthermore, the Bill also Prevents States and Localities from implementing their own Net Neutrality Rules and would Prevent the Restoration of numerous Consumer Protections to Broadband Customers.
In a Statement, Internet Association President & CEO Michael Beckerman argued that Blackburn’s Bill was better than nothing, but did not constitute a Real Solution: “The proposal circulated today does not meet the criteria for basic net neutrality protections—including bright-line rules and a ban on paid prioritization—and will not provide consumers the protections they need to have guaranteed access to the entire internet. Net neutrality in name only is not enough to protect our economy or the millions of Americans that want and rely on these rules. Real net neutrality legislation should be bipartisan and have input from other stakeholders, including the user community, public interest groups, and industry.”
As a colleague Dell Cameron also noted, Blackburn is not exactly a Free Speech Warrior and accepting this Bill as an attempt to ensure an Equitable Web requires ignoring pretty much everything she’s ever said about the Internet. In 2016, she called for ISPs to force “anyone ... putting fake news out there” off the web, “whether it is the Russians, the Chinese, the Iranians or whomever.” In the past, she’s Sponsored Regulation to do exactly what the FCC did last week.
While Democrats in Congress are trying to force a Vote on a Full Restoration of the Net Neutrality Rules, there’s numerous hurdles in the way of them doing so. Net Neutrality Organizations, Trade Groups, and 18 State Attorneys General are all likely to fight the FCC in Court as well.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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