Internet Content Regulation

This webcast provides a brief overview of several novel and emerging dimensions of free expression in digital communications: how the Supreme Court has dealt with Internet speech under the First Amendment, problems posed by the content of web pages on university servers, the emerging challenge of "invasive" sites like Juicycampus.com, the largely fruitless quest for legal relief by victims of cyberattacks (including the challenge of "unmasking" anonymous critics), and the status of suggestively explicit material on college and university servers.

In this free September 17 EDUCAUSE Live! web seminar, Constitution Day 2008: Free Speech in Cyberspace, presenter Robert M. O'Neil, director, Thomas Jefferson Center for the Protection of Free Expression, will explore these new and emerging dimensions of free expression.

Tomorrow the Federal Communications Commission (FCC) is expected to hold a meeting to adopt an enforcement action against Comcast for violating the Commission's principles on an open and accessible Internet. In a preliminary vote last Friday, it was determined that at least three of the five commissioners will officially vote against the cable giant tomorrow.

The three commissioners voting against Comcast agree that the company violated federal rules by slowing certain kinds of Internet traffic, specifically peer-to-peer applications. It is believed that the FCC will demand that Comcast stop blocking or slowing traffic, but will probably not issue a fine. Last November, the FCC received a complaint stating that Comcast was deliberately blocking certain file-sharing services. Comcast, however, has said it did not violate any federal laws and moreover, the FCC does not have the authority to enforce its net neutrality principles. It is expected that Comcast will challenge the decision in court.

The Senate Commerce Committee held a full committee hearing regarding "The Future of the Internet" on April 22.  Witnesses presented differing views on network neutrality regulations.  Those testifying included FCC Chairman Kevin Martin, Kyle McSlarrow of the National Cable and Telecommunications Association, actress Justine Bateman, and Patric Verrone of the Writers Guild of America (West). 

Bateman and Verrone testified in support of legislation that would promote network neutrality. They told the committee they supported a bill from Senators Dorgan and Snowe that would prevent Internet service providers from blocking, degrading, or otherwise prioritizing content on their networks.  Bateman said net neutrality was crucial for the entertainment industry, as well as the marketplace in general. 

Stanford Law School Professor Lawrence Lessig told the committee he also supported network neutrality principles.  But, he warned that Congress should be careful in crafting legislation so that its impact is "minimal" and not disruptive.