The two new white papers—“Government Transparency: Six Strategies for More Open and Participatory Government” by Jon Gant and Nicol Turner-Lee, and “Creating Local Online Hubs: Three Models for Action” by Adam Thierer, recommend steps that government and community leaders should take to increase government transparency and put more information hubs online.
To Aspen Institute will convene a roundtable of public officials, advocates, and watchdogs from national, state and local levels of government (along with this correspondent) tomorrow morning from 9:00 a.m. to 12:00 p.m. EST. See the list of attendees below for specific details.
There will be a live webcast of the event. The Knight Commission is encouraging people to participate online at #knightcomm hashtag. According to the event organizers, a livestream will begin at 9:00 a.m. (EST) and will be archived. These white papers will be available to read and download Friday morning. Look for links here when they become available.
Featured Roundtable Speakers
Dr. Jon Gant, Fellow, Joint Center for Political and Economic Studies, and Associate Professor, Graduate School of Library and Information Science, University of Illinois at Urbana-Champaign. He is a leading scholar in the field of information systems and public administration.
Dr. Nicol Turner-Lee, Vice President and Director of the Media and Technology Institute for the Joint Center for Political and Economic Studies. She has produced path breaking research on broadband adoption among minority and disadvantaged populations and engages city, state and federal legislators on issues in telecommunications, open government and the emerging technology innovation sectors.
Roundtable participants include:
Gary Bass, Executive Director, OMB Watch Ben Berkowitz, Founder, SeeClickFix John Bracken, Directory of Digital Media, John S. and James L. Knight Foundation Jerry Brito, Senior Research Fellow, George Mason University Kevin Curry, Co-Founder, CityCamp.com Lucy Dalglish, Executive Director, Reporters Committee for Freedom of the Press Charlie Firestone, Executive Director, Communications and Society Program, Aspen Institute Feather Houstoun, President, William Penn Foundation Alexander Howarder, Government 2.0 Washington Correspondent, O’Reilly Media William Kellibrew, IV, Deputy Director, National Coalition on Black Civic Participation Alex Kreilein, Legislative Assistant, Office of Congresswoman Jane Harman Ngoan Le, Vice President of Programs, The Chicago Community Trust Blair Levin, Communications and Society Fellow, Aspen Institute Philip Neustrom, Founder, Davis Wiki Steve Pearson, Publisher and Chief Technologist, Project Virginia Lee Rainie, Director, PEW Internet and American Life Project Rachel Sterne, Chief Digital Officer, Mayor’s Office of Media & Entertainment, New York City Daniel Schuman, Policy Counsel, Sunlight Foundation Nancy Tate, Executive Director, League of Women Voters Tracy Viselli, Community Manager, ACTion Alexandria Marijke Visser, Assistant Director, OITP, American Library Association Eric Wenger, Policy Counsel, US-Legal-Government Affairs, Microsoft Corporation Harry Wingo, Senior Policy Counsel, Google, Inc.
The Federal Communications Commission adopted new rules for regulating Internet access at a hearing today in Washington. After FCC commissioners Michael Copps and Mignon Clyburn said yesterday they will not stand in the way of Chairman Julius Genachowski’s modified order, it paved the way for a 3-2 vote to approve new rules of the road for the Internet. The tech policy reporters at Politico made the following assessment of the rules in their excellent Morning Tech newsletter this morning and got it about right.
1) Transparency for both wireline and wireless services, requiring disclosure to consumers, content and device providers,
2) Wireline providers are prohibited from blocking any lawful content, apps, services or devices; wireless providers, from blocking websites and competing telephony services, 3) Wireline providers are prohibited from unreasonably discriminating against any traffic (but no such rule for wireless). Paid prioritization is not explicitly banned, though any such regime would likely raise red flags for the commission under the “no unreasonable discrimination” test. That will be determined on a case-by-case basis.
Below are key excerpts from the report and order the FCC voted on yesterday. (The full order still hasn’t been released to the public; more on that later in this post.)
Rule 1: Transparency
A person engaged in the provision of broadband Internet access service shall publicly disclose accurate information regarding the network management practices, performance, and commercial terms of its broadband Internet access services sufficient for consumers to make informed choices regarding use of such services and for content, application, service, and device providers to develop, market, and maintain Internet offerings.
Rule 2: No Blocking
A person engaged in the provision of fixed broadband Internet access service, insofar as such person is so engaged, shall not block lawful content, applications, services, or non-harmful devices, subject to reasonable network management.
A person engaged in the provision of mobile broadband Internet access service, insofar as such person is so engaged, shall not block consumers from accessing lawful websites, subject to reasonable network management; nor shall such person block applications that compete with the provider’s voice or video telephony services, subject to reasonable network
Rule 3: No Unreasonable Discrimination
A person engaged in the provision of fixed broadband Internet access service, insofar as such person is so engaged, shall not unreasonably discriminate in transmitting lawful network traffic over a consumer’s broadband Internet access service. Reasonable network management shall not constitute unreasonable discrimination.
Wired’s Sam Gustin may have the best one sentence summary of what the FCC compromise will mean:
The three new rules, which will go into effect early next year, force ISPs to be transparent about how they handle network congestion, prohibit them from blocking traffic such as Skype on wired networks, and outlaw “unreasonable” discrimination on those networks, meaning they can’t put a competing online video service in the slow lane to benefit their own video services.
As Politico reported, these are widely regarded as the first enforceable net neutrality rules. The compromise they have produced widespread reaction on both sides of the issue. As Brian Stelter reported for the New York Times, the new FCC net neutrality rules are going down well with anyone interested in the issue.
The debate over the rules, intended to preserve open access to the Internet, seems to have resulted in a classic Washington solution — the kind that pleases no one on either side of the issue. Verizon and other service providers would prefer no government involvement. Public interest advocates think the rules stop far short of ensuring free speech. Some Republicans believe the rules are another instance of government overreach.
…for sure, some of the provisions in this proposal do seem designed to be responsive to industry worries that don’t seem to have actually been justified in the record. But looking at this whole debate, it starts to look much bigger than Genachowski, and much like we’ve reached the point to where any sort of meaningful incursion onto the corporate right to influence and even dominate the Internet would seem like a downright radical act of political bravery. That’s a reality of the U.S. communications landscape, circa 2010. That we’re debating just how powerful a say telecom company’s should have over how the Internet works is a sign of how the Internet has, as a medium, shifted since its earlier days.
Writing for Wired in 2005, Kevin Kelly recalled how one of the early debates in the Internet’s evolution was whether or not to allow any sort of commerce at all on the activity layer of the Internet. (That is, e-commerce websites and the like.) “It’s hard to believe now,” writes Kelly, “but until 1991, commercial enterprise on the Internet was strictly prohibited.” The idea that the Internet should be so pure probably seems laughable to many of us now. Watching the net neutrality process unfold at the FCC and on Capitol Hill over the last many months has made clear that the reality is that, very quickly, corporate interests have acquired such a level of influence over the evolution of the Internet where the debate can sometimes seem to be far more concerned with their interests than the public interest.
The Center for Democracy & Technology released the following statement in response to the Federal Communications Commission vote to approve a set of “rules of the road” for preserving the open nature of the Internet.
“The Commission took a vital first step today by voting to adopt rules designed to sustain the open nature of the Internet,” said CDT President Leslie Harris. “The Internet is and should remain a place where innovators and upstarts can experiment and thrive, without needing to seek permission or approval from established network operators,” she said. “Today, after a long debate, the FCC affirms that it can and will play a crucial role in protecting that open environment.”
“This is a big day, but the true test of these rules will depend on how they are implemented and interpreted over time,” said CDT Senior Policy Counsel David Sohn. “It appears the rules will leave a number of important open questions, including how the FCC will approach openness for wireless. Ultimately, the kind of Internet users get should not depend on whether they happen to access it via a wireline or wireless connection.”
“To be sure, there is more to be done,” Harris said. “But this is how we make progress on policy, one step at a time, each step building on the one before it. This isn’t the end of the Internet neutrality debate, it’s just the end of the beginning.”
The FCC’s press release follows. Look for the tech journalism community to be teasing more details from this over the coming days, including mentions of Android and how the FCC will handle the app stores
The meeting was livestreamed at FCC.gov/live. An archive of the liveblog on this post embedded below; the FCC itself liveblogged the meeting at Blog.OpenInternet.gov.
A note on transparency
Before the hearing, another writer approached me for my thoughts on how transparency played into today’s hearing. Amy Gahran considered why the FCC ‘net neutrality’ rule was still secret at CNN.com today. While she included most of my statement, here’s the full version:
Chairman Genachowski made a commitment to a more open, transparent and data-driven F.C.C. under President Obama’s Open Government Directive. In many respects, in its first year of open government, the agency made commendable progress, with strides towards taking public comment through e-rulemaking at OpenInternet.gov, Broadband.gov and Reboot.FCC.gov. The sites were deployed by an able new media team that has used online communications in unprecedented ways. The chairman and his managing director, Steven Van Roeckel, both deserve credit for their plans to reboot FCC.gov as a platform for government including the use of APIs and open source technologies like Drupal.
That said, when it comes to the question of whether the public has a right to see the net neutrality proposal before the commissioners vote upon it, however, the agency has fallen short of its transparency pledge. I have not found a legal precedent that explicitly gives the agency authority to keep the text of a proposed rule secret until it is voted upon by the Commission. While it is true that conversely the F.C.C. does not appear to be under no legal obligation to do so, given that the members of the commission presumably had to negotiate on the details of the final rules for vote, the decision not to share a version publicly may have made such discussion more flexible. That said, the choice not to post the proposed rules online before the vote is an example less government transparency in the creation of important regulation, not more.
UPDATE: Ryan Singel obtained and posted the following snippets of what looks like the new open Internet rules, below: Net Neutrality Order Snippets
What does open government need to break through the awareness barrier? A new study of federal government transparency efforts released by NextGov and ForeSeeResults gave all entities in the survey low marks in court of public opinion. Here’s the executive summary:
“Nearly two years after a memorandum to the federal government calling for ambitious and sweeping open government initiatives, many are wondering if the goals of openness, democratic participation, and collaboration have taken root and, if so, how successful the efforts have been.
ForeSee Results, in partnership with Nextgov, designed a comprehensive survey to assess how citizens grade four government entities (the government overall, the White House, Congress, and federal agencies and departments) in terms of Open Government Initiative (OGI) principles like transparency and trust. The goals of the research were:
• To get a baseline, quantifiable measurement of citizen trust and perceptions of transparency against which future measurements can be benchmarked
• To compare key citizen-facing government entities
There were four key findings in the study:
All measured entities received low scores when it comes to transparency, citizen satisfaction, and trust.
The White House received the highest score as the most transparent of the four measured entities.
There is a clear and proven relationship between transparency, satisfaction and trust.
Congress has the lowest score of any of the four entities.
To get a sense of what the online community thought about the study, I fired up Twitter and collected the feedback I received after asking a few questions using Storify, a social media curation tool.