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Center for Democracy & Technology 11
in the broadband industry. To both agencies, CDT
described the risks of increasing gatekeeper control
on the Internet and explained that pro-neutrality
policies need not be expansively regulatory.
CDT also suggested monitoring and transparency
measures as proactive steps the agencies could take
without creating any new regulatory structure.
Getting Specific in Defining the Problems and
Concerns: The neutrality debate has been muddied
by a lack of clarity about what specific ISP
practices in prioritizing traffic or limiting uses
might pose concerns and what practices are necessary
or beneficial for network management or
other unobjectionable purposes. In late 2006 and
early 2007, CDT convened a group of technologists,
advocates, and industry leaders to discuss the issues
with greater specificity. Comments CDT submitted
to the FCC in June included an extensive
list of potential ISP behaviors that would involve
treating some types of Internet traffic differently
from others and provided an analysis on which of
those behaviors seem problematic and which not.
Weighing in for Openness Requirements in
Broadband Spectrum Auction: Wireless broadband
access, especially over cell phones and other
mobile devices, holds tremendous potential for
expanded Internet access and services. The FCC’s
auction this year of a major block of broadband
spectrum has extensive implications for the future
of the Internet. Last year, as the FCC was setting
rules for the use of this spectrum, CDT urged the
Commission to promote new competitive alternatives
for general-purpose broadband Internet service.
CDT argued that including preconditions re-
lating to neutrality would help foster competition
and innovation on the newly available airwaves.
The FCC ultimately included significant openness
requirements in its auction rules.
Working to Protect Innovation: As the Internet
matures, the pressure grows to make it look and act
like traditionally regulated networks. As described
above with respect to our work on freedom and security,
CDT urged the FCC in two proceedings on
the creation of a more sophisticated 911 system to
avoid imposing burdensome and privacy-invasive
design requirements on Internet technology.
2008 Objectives
Promote a Deeper Dialogue on Internet Neutrality:
CDT will seek to promote a more extensive
dialogue on neutrality, addressing such crucial issues
as: what constitutes appropriate and beneficial
“traffic management;” how can usage-based pricing
or other nondiscriminatory solutions address
legitimate bandwidth concerns; and how to ensure
greater transparency to subscribers vis-à-vis ISP
practices of favoring some traffic over others.
Educate the Candidates: CDT will work to inform
presidential and other 2008 election cycle
candidates about the benefits of preserving the
Internet’s open architecture.
Protect Innovation: CDT will continue to seek to
protect the ability to innovate on the Internet, free
from government mandates.
Accomplishments and Objectives 2007-2008