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Stupid Reasons to Oppose Net Neutrality #1: Why Not Net Neutrality for Newspapers?

Phillip Dampier September 28, 2009 Editorial & Site News, Net Neutrality 7 Comments

failure-of-logic-fail-demotivational-poster-1209989155Now that FCC Chairman Julius Genachowski has put the issue of Net Neutrality on the front burner, the often-ludicrous reasons some people give to oppose Net Neutrality are coming out all over the place.  When you find one that is particularly preposterous, use the Contact Us link at the top of the screen and drop us a summary and a link.  We’ll be calling out the silliest and debunking those that might sound good on the surface but have a soft, squishy, logic-free center.

To get us started, this letter to the editor turned up last week in The Seattle Times:

The recent Seattle Times editorial on net neutrality seemed logical on the surface [“Protecting net neutrality,” Opinion, Sept. 22], but in reality was a Robin Hood-style regulation.

Let me pose a question: What would The Times’ opinion be if the Federal Communications Commission mandated The Times’ facilities were open to anyone who wants to use it as they wished?

I suspect the company would probably make an argument that it made the huge capital investment, and therefore should have control over who can or cannot use it.

So explain, what is the fundamental difference between the management of this capital asset and that of a company such as Comcast or any other Internet provider?

I suspect nothing other than another example of government intervention into a business and technology they do not understand. The Times should be thankful they are not focused on the newspaper industry.

I’ve long accused the Federal Communications Commission of being out of touch and not understanding (‘broadband over power lines’ advocacy being a particularly stupid idea on their part), but rest assured, they are well acquainted with the arguments the broadband industry makes to preserve its position.  Providers spend tens of millions of dollars to hire lobbyists to advocate just that.

To use Robin Hood as an analogy puts us squarely in OppositeLand, where ‘up is down’ and ‘right is left.’  Robin Hood was a story about robbing from the rich to give to the poor.  This writer seems to think the “poor” are Comcast and AT&T, and the individual customers most at risk from Net Neutrality abuse are somehow the “rich.”

Perhaps it would have been more apt to suggest the Seattle Times would be guilty of Net Neutrality abuse if it openly refused to print ‘letters to the editor’ or interview people for stories who did not have a home delivery subscription to the newspaper.

A newspaper, of course, is not the equivalent of the global Internet.  It’s just one of countless content creators that use the Internet to make their content more accessible to an online audience, one that might choose to read what they publish.  That’s an important distinction, because Net Neutrality does not interfere with content creators and tell them what they can and cannot say.  It helps protect their independence.  The Seattle Times can print whatever they see fit, and you and I make the individual decision to read or not read what they publish.

More importantly, and why the writer’s analogy misses the mark:  If you or I don’t like The Times and think we can do a better job, we can start our own website and publish our own content.  We don’t need the imprimatur of establishment media to make our own content available to the masses.  Individual readers will judge the quality and value of our content individually, and determine its importance and relevance accordingly.  So you or I don’t need to demand The Seattle Times open up their presses to our content — we can simply publish our own content independently, enjoying the exact same global reach, and have the potential to be just as successful as they are.

But let’s get back to the writer’s premise and adjust it slightly.  The Times pays a web hosting company to make their articles available online.  They have a business relationship with that hosting company, which uses part of that hosting fee to pay for their own pipeline to the Internet.

Meanwhile, you and I pay a monthly fee for an Internet Service Provider (ISP).  We pay them every month to provide unencumbered connectivity to the Internet, which happens to include the website for The Seattle Times.

One day, our ISP mails a letter to The Times and tells them that unless they pay to become a “preferred content partner,” they can no longer guarantee that the newspaper’s web pages will always reach you and I on a timely basis.  In effect, our ISP now wants to be paid twice — once by us to access the Internet, and once by the newspaper for “assurances” their content will reach us at broadband speeds.

The Times doesn’t have a business relationship with our ISP, but you and I do — specifically to provide the connectivity they suggest may soon no longer be guaranteed to those who “use their pipes for free.”

Now the problem becomes clearer to understand.  Even more concerning is that some of these ISPs own and manage news content sites.  Will they charge themselves the same price they ask from others?

Net Neutrality in its entirety protects content producers, like this website, from having its reach impacted.  Remember, one of the biggest strengths of the Internet is that anyone, anywhere, can reach this website or The Seattle Times on equal terms just by typing in the address.  No Internet user or content producer should have to face a blockade from providers that don’t like the message, had their content moved to the “slow lane” for not paying an unprecedented fee, or had their website overshadowed because a competitor leveraged favorable treatment from their “preferred content partner” status.

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Other stories of interest:

  1. CRTC Embarrassed By FCC Net Neutrality Actions?
  2. FCC Expected to Introduce Net Neutrality Rule Monday
  3. One Half Done, One to Go: Net Neutrality Doesn’t Ban Internet Overcharging
  4. Wall Street Journal Says Net Neutrality A Boon To Bandwidth Hogging, Ignores Industry’s Own Self-Interest
  5. Newsbusters’ Net Neutrality Nonsense – Paranoid Ravings Do Injustice to Conservatives

Currently there are 7 comments on this Article:

  1. Smith6612 says:

    The newspapers are doing just fine when it comes down to how they are being ran. The part on physical access to the building to anyone I am sure is already given in certain circumstances so that is thrown out of the question already. The newspapers themselves have a choice as to what they can publish, and are pretty much already governed under freedom of the press. Not to mention, the newspapers already are publishing works by their readers or taking in news tips, so if there was such a thing as “Net Neutrality for Newspapers”, the papers are pretty much already doing just that, at the exception as to what gets published which is understandable due to the paper and reporter count, or of course pointlessness.

  2. Brion says:

    I imagine a Net Neutrality for newspapers (N3) would look something like this:

    Let’s assume The Seattle Times did not produce the majority of its own content, but rather accepted submissions from freelance journalists. In the beginning there many not be many freelancers so those that do submit stories are accepted for free and paid a modest fee for their contribution to the newspaper. As more an more freelancers submitted stories to be included in the paper, the paper finds itself unable to expand the size of the paper at pace with the demand so they start offering “preferred” tiers – accept a smaller amount of money and you’re more likely to get your story published.

    Eventually even that model isn’t good enough so they start charging the freelancers to be published in their paper – the more you pay, the more likely your story is to be published. N3 would likely change that model from a tiered model to a flat rate increase (or decrease) across the board to give all freelancers equal opportunity to get published.

    Remember, in this contrived example, the newspaper cannot expand its bandwidth (the size of the paper itself) and since demand for its real estate is high, the market price is high. As demand drops off or the paper has an ability to expand, the price will drop. That’s just how the free market works. Net Neutrality for newspapers (our fictional law) simply ensures an even playing field within the market but does not dictate prices or other market factors.

  3. Chad says:

    A better analogy to the Seattle Times example would be thus:

    The Seattle Times delivers a 40-page daily newspaper for a fixed price per month. Subscribers are somehow monitored to determine how much of the paper they read. They may read up to 4 full pages of material, in sections from any of the provided pages. If they read more than that, then they are charged extra, at a per-character rate.

    • BrionS says:

      That’s a good analogy for Internet Overcharging, but it is only tangentially related to Network Neutrality.

      Network Neutrality is (from Wikipedia) [emphasis mine]:

      A neutral broadband network is one that is free of restrictions on content, sites, or platforms, on the kinds of equipment that may be attached, and on the modes of communication allowed, as well as one where communication is not unreasonably degraded by other communication streams.

      While I agree that Internet Overcharging is abhorrent and certain regulations may need to be put into to place to protect consumers from abuses in a less-than-strongly-competitive market, I don’t expect any Network Neutrality regulations to involve ISP pricing insofar as Overcharging is concerned.

      From the FCC chairman’s speech recently, his Net Neutrality bullet points are essentially:

      1. Consumers are entitled to access the lawful Internet content of their choice
      2. Consumers are entitled to run applications and use services of their choice, subject to the needs of law enforcement
      3. Consumers are entitled to connect their choice of legal devices that do not harm the network
      4. Consumers are entitled to competition among network providers, application and service providers, and content providers
      5. Broadband providers cannot discriminate against particular Internet content or applications
      6. Providers of broadband Internet access must be transparent about their network management practices

      None of those principles directly address ISP access pricing, but to be true, pricing real broadband access out of the reach of most people would be in effect preventing users from accessing content, applications, or services of their choice.

  4. waiting and watching says:

    1. The FCC cannot give away business space to anyone belonging to a business.
    2. Newspapers are a tangible personal property product. The readers are buying a THING which is different than electrons moving about. The FCC doesn’t say who the paper can sell to or not. There is no comparison on these grounds….
    3. The FCC can say that papers have to run something, just as PSAs run on televisions, or that papers cannot run something, like how to access the EBS band to do other things with it.

    I think someone has lost their minds in trying to use hyperbole to make a point, when the things being compared aren’t even slightly similar. Newspapers are a static item. You print it and that is it. You can print something else in the next one. The internet is dynamic, and this post right here changes the entire internet. You cannot compare erosion in a bathtub with coastlines on the ocean just because they both have water.

    • Andrew Madigan says:

      Sorry to be pedantic, but #3 is false. The 1st Amendment applies.

      Radio bandwidth (I assume that’s what EBS band is) is different, it’s a public shared resource, the FCC controls who uses it and what each band can be used for. For instance, Broadcast TV has to act in the public interest, which is where PSA requirements come from. It’s not a perfect system, but it’s the best available at the moment.

      Telling a newspaper what to publish is no different from the FCC editing/censoring books, it’s completely illegal and goes against the very founding of this country.

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