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The Internet Consumer Bill of Rights

A Bill of Rights follows the U.S. Constitution to protect us from the depredations of a powerful government to which we have ceded authority. The existence of a Bill of Rights assumes that there’s a powerful entity against which we need protection.

In the draft Stevens bill, the Consumer Internet Bill of Rights assumes that the broadband network access providers are powerful — but it’s not clear that the IBR provides much protection.

First, labeling: users are “consumers” (not creators) or “subscribers” (think packaged content), and the IBR doesn’t apply to video services “in which Internet service is not the primary service.” Because the chief goal of this amendment is to put the incumbent telcos in a position to become broadband video service providers, this exception substantially lessens whatever protections the IBR creates.

The preamble re-uses language that leads into Section 230 — a section that shields interactive computer services like Yahoo! and eBay from liability for material created by others — to suggest that network providers should not be subject to regulation. This is the call of the network companies: protect us from regulation, and you’ll be protecting the internet! If there were true competition for broadband access, that call might make sense — as it is, it seems cynical. . . .

–ME “Liz” Strauss

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