Attempted net neutrality legislation in the United States
![]() | This article needs to be updated.(December 2021) |
Arguments associated with net neutrality regulations in the US came into prominence in mid-2002, offered by the "High Tech Broadband Coalition", a group comprising the Business Software Alliance; the Consumer Electronics Association; the Information Technology Industry Council; the National Association of Manufacturers; the Semiconductor Industry Association; and the Telecommunications Industry Association, some of which were developers for Amazon.com, Google, and Microsoft. The full concept of "net neutrality" was developed by regulators and legal academics, most prominently law professors Tim Wu, Lawrence Lessig and Federal Communications Commission Chairman Michael Powell often while speaking at the University of Colorado School of Law Annual Digital Broadband Migration conference or writing in the Journal of Telecommunications and High Technology Law.[1]
By late 2005, several Congressional draft bills contained net neutrality regulations, as a part of ongoing proposals to reform the Telecommunications Act of 1996, requiring Internet providers to allow consumers access to any application, content, or service. However, important exceptions have permitted providers to discriminate for security purposes, or to offer specialized services like "broadband video" service.[2]
In April 2006, a large coalition of public interest, consumer rights and free speech advocacy groups and thousands of bloggers—such as Free Press, People for the Ethical Treatment of Animals, American Library Association, Christian Coalition of America, Consumers Union, Common Cause and MoveOn.org—launched the SavetheInternet.com Coalition, a broad-based initiative working to "ensure that Congress passes no telecommunications legislation without meaningful and enforceable network neutrality protections." Within two months of its establishment, it delivered over 1,000,000 signatures to Congress in favor of net neutrality policies and by the end of 2006, it had collected more than 1.5 million signatures.[3]
Two proposed versions of "neutrality" legislation were to prohibit: (1) the "tiering" of broadband through sale of voice- or video-oriented "Quality of Service" packages; and (2) content- or service-sensitive blocking or censorship on the part of broadband carriers. These bills were sponsored by Representatives Markey, Sensenbrenner, et al., and Senators Snowe, Dorgan, and Wyden.[4][5]
In 2006 Congressman Adam Schiff (D-California), one of the Democrats who voted for the 2006 Sensenbrenner-Conyers bill, said: "I think the bill is a blunt instrument, and yet I think it does send a message that it's important to attain jurisdiction for the Justice Department and for antitrust issues."[6]
The following legislative proposals have been introduced in Congress to address the net neutrality question:
Title | Bill number | Date introduced | Sponsors | Provisions | Status |
---|---|---|---|---|---|
109th Congress of the United States (January 2005 – January 2007) | |||||
Internet Freedom and Nondiscrimination Act of 2006[7][8] | S. 2360 | March 2, 2006 | Senator Ron Wyden (D-Oregon) |
|
Killed by the end of 109th Congress. |
Communications Opportunity, Promotion and Enhancement Bill of 2006[10][11][12] | H.R. 5252 | March 30, 2006 | Representative Joe Barton (R-Texas and Chairman of the House Commerce Committee) |
|
Passed, 321–101, by the full House of Representatives on June 8, 2006 – but with the Network Neutrality provisions of the Markey Amendment removed. Bill killed by end of 109th Congress.[15] |
Network Neutrality Act of 2006[16] | H.R. 5273 | April 3, 2006 | Representative Ed Markey (D-Massachusetts) |
|
Defeated, 34–22, in committee with Republicans and some Democrats opposing, most Democrats supporting.[17] |
Communications Opportunity, Promotion and Enhancement Bill of 2006[18] | S. 2686 | May 1, 2006 | Senators Ted Stevens (R-Alaska) & Daniel Inouye (D-Hawaii) | Aims to amend the Communications Act of 1934 and addresses net neutrality by directing the Federal Communications Commission (FCC) to conduct a study of abusive business practices predicted by the Save the Internet coalition and similar groups. | Sent to Senate in a 15–7 committee vote and defeated by the Senate Committee on Commerce, Science, & Transportation on June 28, 2006. Killed by the end of 109th Congress. |
Internet Freedom and Nondiscrimination Act of 2006[19] | H.R. 5417 | May 18, 2006 | Representatives Jim Sensenbrenner (R-Wisconsin) & John Conyers (D-Michigan) |
|
Approved, 20–13, by the House Judiciary committee on May 25, 2006. Killed by the end of 109th Congress. |
110th Congress of the United States (January 2007 – January 2009) | |||||
Internet Freedom Preservation Act (casually known as the Snowe-Dorgan bill)[21] | S. 215 (110th Congress) formerly S. 2917 (109th Congress) | January 9, 2007 | Senators Olympia Snowe (R-Maine) & Byron Dorgan (D-North Dakota), Co-Sponsors: Barack Obama (D-Illinois), Hillary Clinton (D-New York), John Kerry (D-Massachusetts) and other Senators |
|
Read twice and referred to the U.S. Senate Committee on Commerce, Science, and Transportation. |
Internet Freedom Preservation Act of 2008[23] | H.R.5353 | February 12, 2008 | Representatives Edward Markey (D-Massachusetts) & Charles Pickering (R-Mississippi) |
|
Introduced to the House Energy and Commerce Committee |
111th Congress of the United States (January 2009 – January 2011) | |||||
Internet Freedom Preservation Act of 2009[25][26] | H.R.3458 | 2009 | – |
|
– |
112th Congress of the United States (January 2011 – January 2013) | |||||
Data Cap Integrity Act of 2012[29] | S. 3703 | December 20, 2012 | Senator Ron Wyden (D-Oregon) | To improve the ability of consumers to control their digital data usage, promote Internet use, and for other purposes. | Read twice and referred to the Committee on Commerce, Science, and Transportation. |
(D) = a member of the House or Senate Democratic Caucus; (R) = a member of the House or Senate Republican Conference |
References
[edit]- ^ Videos from the Digital Broadband Migration conference and papers from the Journal of Telecommunications and High Technology Law about Net Neutrality law are collected at http://neutralitylaw.com Archived March 5, 2008, at the Wayback Machine
- ^ "H.R.2982 - 109th Congress (2005-2006): FCC Reorganization Act". July 2005.
- ^ Gould, Theresa (Spring 2008). "Free Internet" (PDF). Free Internet: 12. Archived from the original (PDF) on 2018-01-03. Retrieved 2018-02-11 – via Georgetown University.
- ^ "Snowe, Dorgan and Friends Protect Internet Freedom - Public Knowledge". Public Knowledge. Retrieved 2017-12-17.
- ^ "Net Neutrality lives on in Congress". UPI. Retrieved 2017-12-17.
- ^ "House panel votes for Net neutrality". CNET News.com. May 25, 2006. Archived from the original on January 19, 2013. Retrieved May 30, 2006.
- ^ Wyden, Ron (March 2, 2006). "Wyden Moves to Ensure Fairness of Internet Usage with New Net Neutrality Bill". Archived from the original on June 28, 2006. Retrieved July 7, 2006.
- ^ "IN THE SENATE OF THE UNITED STATES" (PDF). Public Knowledge. March 2, 2006. Retrieved January 14, 2014.
- ^ a b c Anonymous (March 2006). "Wyden Offers Bill to Bar Internet Discrimination". Telecommunications Reports (72): 27–28.
- ^ U.S. Government Printing Office (May 15, 2006). "FULL TEXT of Communications Opportunity, Promotion and Enhancement Act of 2006 (H.R. 5252)" (PDF). Retrieved August 11, 2006.
- ^ Upton, Fred (March 30, 2006). "Upton Hearing Examines Bipartisan Bill that Will Bring Choice & Competition to Video Services". Archived from the original on July 2, 2006. Retrieved July 7, 2006.
- ^ "Advanced Telecommunications and Opportunities Reform Act (2006 - H.R. 5252)". GovTrack.us. 8 June 2006. Retrieved 13 October 2023.
- ^ a b c d Bagwell, Dana. "A First Amendment Case For Internet Broadband Network Neutrality". University of Washington. Retrieved February 8, 2011.[permanent dead link]
- ^ Barton, Joe (2006). Advanced Telecommunications and Opportunities Reform Act. 109th Congress (2005–2006) H.R.5252. Archived from the original on November 25, 2008. Retrieved March 3, 2011.
- ^ "Huge Victory for Real People as Telco Bill Dies". Archived from the original on December 12, 2006. Retrieved December 8, 2006.
- ^ a b Markey, Ed (April 3, 2006). "Markey Network Neutrality Amendment" (PDF). Archived from the original (PDF) on June 28, 2006. Retrieved July 7, 2006.
- ^ "Final vote for roll call 239". clerk.house.gov. Retrieved 13 October 2023.
- ^ Stevens, Ted (May 1, 2006). "Communications, Consumer's Choice, and Broadband Deployment Act of 2006" (PDF). Archived from the original (PDF) on July 2, 2006. Retrieved July 7, 2006.
- ^ "To amend the Clayton Act with respect to competitive and nondiscriminatory access to the Internet" (PDF). Public Knowledge. May 18, 2006. Retrieved January 14, 2014.
- ^ a b c Sensenbrenner, James Jr. "Internet Freedom and Nondiscrimination Act of 2006". 109th Congress (2005–2006) H.R.5417. Archived from the original on January 18, 2016. Retrieved March 3, 2011.
- ^ U.S. Government Printing Office (January 9, 2007). "FULL TEXT of Internet Freedom Preservation Act (S. 215)" (PDF). Retrieved January 9, 2007.
- ^ Snowe, Olympia. "Internet Freedom Preservation Act". Internet Freedom Preservation Act (2006 (S.2917, 109th Congress) and 2007 (2.215, 110th Congress)). Archived from the original on March 18, 2015. Retrieved May 3, 2011.
- ^ Open Congress. "FULL TEXT of Internet Freedom Preservation Act of 2008 (H.R.5353)". Archived from the original on September 8, 2012. Retrieved April 21, 2008.
- ^ a b Markey, Ed (2008). "Internet Freedom Preservation Act of 2008". 110th Congress (2007–2008) H.R.5353. Archived from the original on November 28, 2008. Retrieved March 3, 2011.
- ^ Internet Freedom Preservation Act of 2009, H.R. 3458 Archived July 14, 2014, at the Wayback Machine
- ^ Internet Freedom Preservation Act of 2009, H.R. 3458 Archived August 13, 2009, at the Wayback Machine
- ^ Markey, Ed (2009). "Internet Freedom Preservation Act of 2009". 111th Congress (2009–2010)H.R.3458. Archived from the original on January 18, 2016. Retrieved March 3, 2011.
- ^ Anna Eshoo, Edward Markey (July 31, 2009). "Internet Freedom Preservation Act of 2009". United States Congress. Sec 3., Sec. 11 (of the Communications Act of 1934), (d) Reasonable Network Management
- ^ Kravets, David (December 20, 2012). "Net Neutrality, Data-Cap Legislation Lands in Senate". Wired. Retrieved December 21, 2012.