February, 10 2015, 09:00am EDT
Why Commissioner Pai Is 100 Percent Wrong on Net Neutrality
WASHINGTON
In a Tuesday press conference, FCC Commissioner Ajit Pai critiqued the agency's pending Open Internet order, mischaracterizing FCC Chairman Tom Wheeler's plan as a scheme to "regulate the Internet."
Last week, Wheeler announced his intention to reclassify broadband access as a "telecommunications service" under Title II of the Communications Act. Using Title II would restore basic protections against blocking and unreasonable discrimination by broadband providers, grounding those protections in the proper part of the law for the first time in more than a decade.
Free Press Policy Director Matt Wood made the following statement:
"Commissioner Pai's nonsense will be cheered by the cable and telecom industries, which make the same unfounded claims. And his fear-mongering may resonate in the echo chamber of misinformation about Title II. But Commissioner Pai is wrong on the facts and the law, and he's out of step with what millions of Internet users and businesses have asked the FCC to do: Protect them from abuse with strong rules that will survive in court."
Internet Regulation
"Pai's claim that returning to Title II equals a government takeover of the Internet is ridiculous. One of Title II's many benefits is that it draws a bright line between our common-carrier communications networks and the speech that flows over them. People like Pai who conflate the two are either confused or dead set on confusing others. Net Neutrality rules don't regulate what's on the Internet, just as the FCC's rules for phone networks don't regulate what people say on phone calls. We've always had these kinds of protections in place for our communications networks, and we still have them today for essential services like wireless voice and business-grade broadband services."
Taxes
"It's embarrassing that Commissioner Pai would once again regurgitate the claims about alleged Internet taxes -- claims that have been thoroughly debunked. Senator Wyden, author of the Internet Tax Freedom Act, called these claims baloney. The Washington Post said that they're saddled with significant factual errors and obvious contradictions. A Free Press filing demolished these unsubstantiated arguments nearly two months ago - yet industry mouthpieces keep trotting out the same bogus figures."
Investment
"Claims that Title II harms broadband investment have also been repeatedly debunked -- not just by independent advocates like Free Press, but by the CEOs and chief financial officers of Verizon, Comcast, Charter, Time Warner Cable and Sprint in their presentations to investors and, in the case of Sprint, to the FCC itself. No independent investment analyst gives any credence to these supposed harms, and neither does Wall Street."
One Size Fits All
"The notion that this decision hurts small cable companies is bizarre. Customers need basic safeguards against unreasonable discrimination no matter how big or small their broadband provider may be, and even if those customers have a choice among broadband providers. Once you're signed up, that cable company controls the only wire in and out of your house. If these smaller providers truly have no incentive and no ability to block or discriminate unreasonably, then what problem do they have complying with rules against blocking and discrimination?"
The Law
"Real open Internet protections must be based on Title II, which was updated with overwhelming bipartisan support in the 1996 Telecom Act. This wasn't a partisan issue then, and it isn't one today. Support for real Net Neutrality is present across the political spectrum, and more than 80 percent of self-identified conservatives want strong rules. In fact, the reason the court twice overturned the FCC's previous open Internet protections is because the agency failed to root them in Title II. The threat of endless litigation is a red herring. Some broadband providers may sue the FCC no matter what, but the FCC has the best chance of winning on the rock-solid authority of Title II.
"The scare tactics of Net Neutrality foes defy common sense. Contrary to Commissioner Pai's fanciful claims, Title II doesn't bring Internet speech, content, websites or applications under the FCC's jurisdiction. But nothing will stop Commissioner Pai from insisting that basic nondiscrimination protections amount to regulation of Internet content. This is the lie that big cable and telecom companies pay their lobbyists to say. It's no more accurate when parroted by a member of the FCC. Strong rules based on Title II would provide the access to information that every Internet user wants, and the access to markets that every business needs."
Free Press was created to give people a voice in the crucial decisions that shape our media. We believe that positive social change, racial justice and meaningful engagement in public life require equitable access to technology, diverse and independent ownership of media platforms, and journalism that holds leaders accountable and tells people what's actually happening in their communities.
(202) 265-1490LATEST NEWS
​State of Emergency Declared After Cargo Ship Destroys Baltimore Bridge
Maryland Congressman Jamie Raskin said he was "deeply concerned for the safety and well-being of everyone affected by the collapse of the Francis Scott Key Bridge in Baltimore."
Mar 26, 2024
This is a developing story... Please check back for possible updates...
A state of emergency was declared in Maryland early Tuesday morning after a large cargo ship slammed into the Francis Scott Key Bridge in Baltimore leading to its total collapse and sending a still unverified number of vehicles and people into the Patapsco River.
As the Baltimore Sunreports:
In a Tuesday morning news conference, just a few hours after the incident, Baltimore Fire Department Chief James Wallace said authorities are "still very much in an active search and rescue posture" noting they are searching for "upwards of seven individuals" and that sonar has detected the presence of vehicles in the water. There is no indication that the event was intentional, Wallace said.
"This is a tragedy that you could never imagine … It looked like something out of an action movie," Mayor Brandon Scott said.
The terrifying footage of the bridge's collapse—which CNN correspondent Omar Jimenez commented was "almost unbelievable" to watch—is circulating widely on news channels and social media:
This video is almost unbelievable. The Francis Scott Key Bridge in Baltimore literally collapsed this morning after it was struck by this large ship. pic.twitter.com/rYuy4U2r7H
— Omar Jimenez (@OmarJimenez) March 26, 2024
U.S. Transportation Secretary Pete Buttigieg said Tuesday that he had spoken with Mayor Scott and well as Maryland Governor Wes Moore and was helping to coordinate federal assistance.
"Rescue efforts remain underway and drivers in the Baltimore area should follow local responder guidance on detours and response," said Buttigieg.
Moore said in a statement he had declared a state of emergency and that work was underway to "quickly deploy federal resources" to the area.
"We are thankful for the brave men and women who are carrying out efforts to rescue those involved and pray for everyone's safety," said Moore. "We will remain in close contact with federal, state, and local entities that are carrying out rescue efforts as we continue to assess and respond to this tragedy."
Kevin Cartwright of the Baltimore Fire Department told CNN that the number of missing people may be higher than reported in other outlets. "Unfortunately," said Cartwright, "we understand that there were up to 20 individuals who may be in the Patapsco River right now as well as multiple vehicles."
Early reporting indicated that no crew members aboard the container ship, which sails under a Singapore flag, were injured or missing. A local harbor pilot was also said to be on board at the time of the crash.
"Deeply concerned for the safety and well-being of everyone affected by the collapse of the Francis Scott Key Bridge in Baltimore," said Rep. Jamie Raskin (D-Md.) following the accident. "I'm profoundly thankful to first responders on the scene and will track rescue efforts by local, state, and federal authorities."
Keep ReadingShow Less
Grave 'Threat to Journalists' Remains as UK Court Delays Assange Extradition Ruling
"The Biden administration should take the opportunity to drop this dangerous case once and for all," said the executive director of the Freedom of the Press Foundation.
Mar 26, 2024
The United Kingdom's High Court ruled Tuesday that WikiLeaks founder Julian Assange cannot immediately be extradited to the United States and gave the Biden administration three weeks to provide "assurances" that the publisher's First Amendment rights will be protected and that he won't face the death penalty.
If the U.S. does not provide the requested assurances, Assange will be allowed to pursue a limited appeal of his extradition. Should the U.S. submit assurances by the April 16 deadline, a hearing will be held on May 20 to determine whether they are "satisfactory."
Assange, whose health has deteriorated badly during his five years in a high-security London jail, faces 17 counts of violating the Espionage Act and a possible 175-year prison sentence in the U.S. for publishing classified information—a common journalistic practice. WikiLeaks disclosures exposed grave U.S. and U.K. war crimes in Iraq and Afghanistan.
Press freedom and human rights groups say the extradition of Assange to the U.S. would set a dangerous precedent and pose a dire threat to journalism everywhere.
Trevor Timm, executive director of the Freedom of the Press Foundation, said in a statement Tuesday that "we are glad Julian Assange is not getting extradited today."
"But this legal battle is far from over, and the threat to journalists and the news media from the Espionage Act charges against Assange remains," said Timm. "Assange's conviction in American courts would create a dangerous precedent that the U.S. government can and will use against reporters of all stripes who expose its wrongdoing or embarrass it. The Biden administration should take the opportunity to drop this dangerous case once and for all."
"It's long past time for the U.S. Justice Department to abandon the Espionage Act charges and resolve this case."
The U.S., which has been aggressively pursuing Assange's extradition for years, previously provided the U.K. government with assurances that Assange would not be held at a supermax prison that's notorious for its inhumane treatment of inmates.
Human rights groups have said such assurances from the U.S. government are "inherently unreliable" and should not be taken seriously by British authorities.
"While the U.S. has allegedly assured the U.K. that it will not violate Assange's rights, we know from past cases that such 'guarantees' are deeply flawed—and the diplomatic assurances so far in the Assange case are riddled with loopholes," noted Simon Crowther, legal adviser at Amnesty International.
"The U.S. must stop its politically motivated prosecution of Assange, which puts Assange and media freedom at risk worldwide," Crowther said Tuesday. "In trying to imprison him, the U.S. is sending an unambiguous warning to publishers and journalists everywhere that they too could be targeted and that it is not safe for them to receive and publish classified material—even if doing so is in the public interest."
Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia University, echoed that message, saying in a statement that "prosecuting Assange for the publication of classified information would have profound implications for press freedom, because publishing classified information is what journalists and news organizations often need to do in order to expose wrongdoing by government."
"It's long past time for the U.S. Justice Department to abandon the Espionage Act charges and resolve this case," said Jaffer.
Keep ReadingShow Less
Sanders Rips 'Absurd' US Claim That Israel Is Not Violating International Law
"The State Department's position makes a mockery of U.S. law and assurances provided to Congress," said Sen. Bernie Sanders.
Mar 26, 2024
Sen. Bernie Sanders on Monday said the U.S. State Department's determination that Israel is not violating international law with its assault on the Gaza Strip is "absurd on its face," pointing to the mass death, destruction, and starvation that Israeli forces have inflicted on the territory's population over the past six months.
"Thirty-two thousand Palestinians in Gaza have been killed and almost 75,000 injured, two-thirds of whom are women and children," Sanders (I-Vt.) said in a statement. "Some 60% of the housing units have been damaged or destroyed, and almost all medical facilities have been made inoperable. Today, hundreds of thousands of Palestinian children are facing starvation because [Israeli Prime Minister Benjamin] Netanyahu won't let in sufficient humanitarian aid, while thousands of trucks are waiting to get into Gaza."
"The State Department's position," said Sanders, "makes a mockery of U.S. law and assurances provided to Congress."
The senator's statement came after State Department spokesperson Matthew Miller told reporters during a press briefing earlier Monday that the Biden administration has not found Israel "to be in violation of international humanitarian law, either when it comes to the conduct of the war or when it comes to the provision of humanitarian assistance."
Miller was responding to a question about assurances the administration has received from the Israeli government that its use of American weaponry has complied with international law and that it has permitted U.S. humanitarian aid to enter Gaza, where the entire population is facing acute hunger.
Under a new Biden administration policy known as NSM-20, recipients of American military aid are required to provide the U.S. government with "credible and reliable" written assurances that they are using such assistance "in a manner consistent with all applicable international and domestic law and policy."
Late last week, a group of U.S. senators—including Sanders—warned the Biden administration that deeming Israeli assurances credible would "be inconsistent with the letter and spirit of NSM-20" and "establish an unacceptable precedent" for the application of the policy "in other situations around the world."
"Until Biden is ready to impose real policy consequences on Netanyahu's government, the famine will continue."
It is a violation of U.S. law to continue sending military assistance to a country that is obstructing the delivery of American humanitarian aid. Last month, far-right Israeli Finance Minister Bezalel Smotrich blocked a U.S.-funded flour shipment from entering the Gaza Strip, and Israeli forces have repeatedly fired on convoys attempting to deliver aid to desperate Gazans.
Prominent human rights groups have been calling on the U.S. to impose an arms embargo on Israel for months, pointing to documented examples of the Israeli military using American weaponry to commit atrocities in Gaza.
But the Biden administration has refused to even apply concrete restrictions on American military aid. Over the weekend, U.S. President Joe Biden signed into law a measure that approves $3.8 billion in unconditional military assistance for the Israeli government and imposes a one-year ban on funding for the primary humanitarian aid organization in Gaza.
Jeremy Konyndyk, the president of Refugees International and a former USAID official, said Monday that Israel's assurances to the U.S. are "not remotely credible" and argued the Biden administration is undermining efforts to combat the worsening humanitarian crisis in Gaza by accepting the Israeli government's claims.
The U.S., he said, is "talking a big game about fighting the famine that its bombs and diplomatic cover have helped create." Resorting to "gimmicky" efforts such as airdrops and temporary ports while a U.S. ally obstructs humanitarian aid "is not how you fight a famine," Konyndyk argued.
"Fundamentally Biden must choose: between continuing to enable Netanyahu, or ending the famine. There's no way to split the difference," said Konyndyk. "Until Biden is ready to impose real policy consequences on Netanyahu's government, the famine will continue."
Keep ReadingShow Less
Most Popular