Results

Senators Byron Dorgan (D-ND) and Olympia Snowe (R-ME) have asked the chairman of the Senate Commerce Committee to investigate recent actions by internet service providers. AT&T, Verizon, and Comcast have all been involved in widely-publicized scandals that affect how ISPs are filtering or censoring the content their customers can see on the web. These telecom giants not only have the power and technology to control content, but they seem to be using their power more frequently. These gaffs have re-energized discussions of net neutrality and the government’s role in policing the businesses who provide individuals access to the internet.

AT&T has been criticized for censoring Pearl Jam lyrics on a webcast in August of this year. Frontman Eddie Vedder had his anti-Bush lyrics silenced by the telecom company, who believed they would be offensive to listeners. Pearl Jam complained about the move on their website, and AT&T apologized and simultaneously blamed a webcast vendor. Another controversy for the company emerged from their Terms of Service, which seemed to threaten to cut off customers who criticized AT&T. “AT&T may immediately terminate or suspend all or a portion of your Service…[for] conduct that AT&T believes…tends to damage the name or reputation of AT&T, or its parents, affiliates and subsidiaries.” This wording effectively prohibits any negative commentary by customers, a policy that is very unlikely to hold up in any type of court action. AT&T was quick to change the policy, stating that they will not in fact terminate the service of those who express unflattering opinions about the company.

Verizon has also suffered a blow to its reputation when it blocked a mass text message from a pro-choice organization called NARAL Pro-Choice America. Company policy allows the wireless provider to block text message content that could be considered controversial or unsavory. Laws are now in place that prevent telecom companies from censoring calls or individual emails, but they do not apply to text messages. NARAL’s message was accepted by other wireless providers, but Verizon initially said no until a public outcry forced their hand. President of NARAL Pro-Choice America Nancy Keenan released a statement saying, “We must remain vigilant in preventing corporations, business interests, and other third parties from blocking Americans’ ability to participate in the democratic process.” Verizon eventually decided to support the text message, and was adamant that the censorship was based on the topic of abortion itself, not a particular side of the debate. “The decision not to allow text messaging on an important, though sensitive, public policy issue was incorrect, and we have fixed the process that led to this isolated incident,” said Verizon Wireless spokesman Jeffrey Nelson in a press statement.

The latest scandal to erupt is Comcast’s apparent disruption of of BitTorrent and peer-to-peer traffic. Applications such as BitTorrent and Gnutella malfunction on the network, and while Comcast stops short of blocking the applications entirely, they have not denied a role in causing downloading problems for customers. One has to wonder if Comcast is in collaboration with other telecommunications companies in delaying or corrupting file-sharing of copyrighted materials. In addition to BitTorrent and Gnutella, Lotus Notes users have experienced bumps in functionality, and it would not be a surprise to see more applications in the future which don’t work properly on a Comcast connection.

At this point, there are relatively few regulations governing companies that provide internet or wireless access. Both the FTC and the Department of Justice have declined to take the lead on the issue of net neutrality, thought the FCC is still a possible candidate for taking action. The support of congressional leaders like Senators Dorgan and Snowe is encouraging to net neutrality advocates; looking at the violations of free speech and censorship in the past few months alone, it appears that someone will be forced to step in and confront the major telecom and ISP companies. So far, the consumers themselves have policed these companies, as evidenced in the cases of Verizon and AT&T. Time (and further abuses) will tell if government agencies will need to protect the public from the unconstitutional policies of of the ISPs.

Friday, November 16th, 2007 Both comments and pings are currently closed.

By Haley January Eckels