The Internet neutrality issue has once again taken center stage in Congress, where two bills are under scrutiny. During a hearing to discuss pending legislation, the chairman of the House Subcommittee on Telecommunications and the Internet noted that commercial success for many Internet-based companies depends on an open Internet.
"The question is whether, in the name of network management, policy-makers permit carriers to act in unreasonable, anticompetitive fashion," Rep. Edward Markey (D-MA) said. The choice before Congress is between permitting network operators "to fundamentally alter how the Internet has historically functioned," or retaining "a level playing field" that allows entrepreneurial entry, he explained.
The Antitrust Angle
The Internet Freedom Preservation Act co-sponsored by Markey and Rep. Chip Pickering (R-MS) establishes principles, rather than regulations, to guide policy in this area. "Then it requests an examination of the market and current practices, requires the FCC to hold several broadband summits around the country to solicit suggestions and opinion, and finally, tasks the FCC with reporting the results and any recommendations back to Congress," Markey said.
However, House Judiciary Committee Chairman John Conyers (D-MI) and Rep. Zoe Lofgren (D-CA) want a bill with more teeth. They are co-sponsoring a bill that builds upon the Clayton Antitrust Act of 1914, which expanded upon the pioneering Sherman Antitrust Act outlawing monopolies and cartels by prohibiting conduct considered harmful to consumers.
"The Internet was designed without centralized control, without gatekeepers for content and services," Conyers said in a statement reported by The New York Times. "If we allow companies with monopoly or duopoly power to control how the Internet operates, network providers could have the power to choose what content is available."
Opposing Views
Public-interest groups such as Free Press and Public Knowledge applauded Conyers and Lofgren for their commitment and leadership on what they perceive to...

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