Net Neutrality: What is reasonable?

As the FCC’s rulemaking process moves forward, it looks like we may indeed get net neutrality (if Congress doesn’t spoil it, of course). However, the devil is, as it usually is, in the details.

The question on the table right now, what does the word "reasonable" mean?

The net neutrality rules under consideration for adoption by the FCC say that Internet providers can engage in "reasonable network management" to keep their pipes flowing. Does that mean they can discriminate between content, charging more for premium service and turning the Internet into a multi-tiered wasteland?

Some of the biggest proponents of net neutrality want a clear definition:

…a group of law professors and public interest groups are telling the Federal Communications Commission that its proposed rules don’t sufficiently define what that word means for Internet service providers like AT&T, Comcast and Verizon as they management traffic on their networks. In a letter to FCC Chairman Julius Genachowski sent this morning, the legal scholars — all long-time proponents of net neutrality — are asking the agency to clear up ambiguity on "reasonable network management" practices in a draft of rules. Here’s the letter: NetN NPRM FCC professor letter.pdf (pdf)

"We trust Genachowski," said Tim Wu, a law professor at Columbia University and chairman of public interest group Free Press . Wu co-wrote the letter. "But this is a historic rule and this letter was in the spirit of looking at other FCCs and creating a stronger rule that sets a policy that lasts longer as opposed to something that is highly dependent on the whims of a commission in power."

The lobbyists are out in full force on this one, and they specialize in screwing us on the details. Complex legislation and regulation is often written and changed behind closed doors, and little things like the definition of "reasonable" can mean the difference between an Internet that preserves the free and open nature of the most powerful communication tool ever invented, or and Internet where mainstream media sites load quickly, because they can afford to pay providers from premium service, and blogs like this one are slowed down.

If you have a moment, join in the comments at OpenInternet.gov, which are ready by the FCC’s regulators and rule-writers. Weigh in for a strong net neutrality provision that preserves the open Internet.