Last January, the Electronic Frontier Foundation made these five observations and recommendations, in their newsletter to which I subscribe.
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First, in order to protect the free speech interests of Internet users, the Commission should reject copyright enforcement as "reasonable network management." Copyright enforcement has nothing to do with the technical business of network management. Moreover, the proposed regulations, by their terms, already exclude "unlawful content," making any exception for copyright enforcement unnecessary. Should ISPs want to deploy copyright enforcement technologies that inflict collateral damage on lawful content, those ISPs should be required to submit any such technologies to the Commission for pre-deployment review as part of a transparent public waiver process.

Second, in order to protect the privacy interests of Internet users, the Commission should clarify that the law enforcement exception applies only to an ISP’s legal obligations to address the needs of law enforcement. Because the six proposed neutrality principles do not, by their terms, apply to unlawful content or activities, a general exception for law enforcement is unnecessary. Should ISPs want to voluntarily deploy technologies that would block lawful activity in the course of addressing the needs of law enforcement, those ISPs should be required to submit any such technologies to the Commission for pre-deployment review as part of a transparent, public waiver process.

Third, in order to protect the privacy interests of Internet users, the Commission should make it clear that its proposed regulations do not reach noncommercial providers of broadband Internet access service, whether they are individuals who operate open Wi-Fi networks at home, or public-minded entities that provide free Internet access in their local communities. The Commission should avoid the specter of federal regulation looming over noncommercial, public-spirited network providers. Federal regulation of these initiatives is not necessary to vindicate the openness, competition, innovation, and free expression goals of this proceeding.

Fourth, in order to foster competition and innovation, EFF urges the Commission to make it clear that the proposed "transparency" principle is not subject to an exception for "reasonable network management." As exemplified by the Commission’s ruling against Comcast regarding its discriminatory treatment of BitTorrent traffic, it is precisely when ISPs invoke the need for "reasonable network management" that the principle of transparency becomes most vital. Only if ISPs are required to adequately disclose their network management practices will consumers, competitors, innovators, and the Commission be able to evaluate whether the practices are, in fact, "reasonable."

Fifth, in order to foster competition and innovation, the Commission should require wireless ISPs to allow "tethering" as a form of device interconnection. This requirement is a necessary corollary to the principle that consumers should be entitled to use any lawful device or application that does not harm the network. Tethering facilitates interoperability, competition, and openness. Furthermore, tethering blocks some troubling practices that are already emerging in the marketplace.
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Each day we get new proof that 21st century American democracy cannot control 21st century American capitalism. The recent charges against Comcast are for what, IMO, basically constitutes commercial gang rape.

Trylon

Is there any part of the Obama administration that is not fake?

Gee Josh,

You sound so surprised. Where have you been?