FCC chair proposes net neutrality rules, says commission must be ‘a smart cop’

Julius Genachowski, the Federal Communications Commission chairman appointed by President Barack Obama, just came out strongly in favor of net neutrality (the principle that providers must treat all Internet traffic equally, regardless of the content or users involved). During his speech this morning at the Brookings Institution, Genachowski said he wants to formalize the FCC’s position on the issue into six rules.
“I believe the FCC must be a smart cop on the beat, preserving a free and open Internet,” he said.
Previously, the FCC outlined four “principles” to guide its decisions on a case-by-case basis. Here’s how Genachowski summarized the principles (I’ve added numbering for clarity): “Network operators cannot prevent users from accessing the lawful Internet (1) content, (2) applications, and (3) services of their choice, (4) nor can they prohibit users from attaching non-harmful devices to the network.”
However, this approach has led Comcast to challenge the FCC’s order that the Internet provider stop slowing downloads for peer-to-peer file-sharers. Comcast argues that there must be a federal law of regulatory policy in place before the FCC can enforce those principles.
Genachowski never explicitly referred to Comcast in his speech, but turning the four principles into formal FCC rules should give the commission more legal power to enforce them. He wants to add two new rules as well:
5) Broadband providers cannot discriminate against particular Internet content or applications.
6) Providers of broadband Internet access must be transparent about their network management practices.

In keeping with the Obama administration’s love for throwing up websites whenever it launches a new initiative (not that I’m complaining), the FCC has launched openinternet.gov to promote and seek feedback on its net neutrality policies.
And because I liked his speech, I’ll let Genachowski have the last word:
In closing, we are here because 40 years ago, a bunch of researchers in a lab changed the way computers interact and, as a result, changed the world. We are here because those Internet pioneers had unique insights about the power of open networks to transform lives for the better, and they did something about it. Our work now is to preserve the brilliance of what they contributed to our country and the world. It’s to make sure that, in the 21st century, the garage, the basement, and the dorm room remain places where innovators can not only dream but bring their dreams to life. And no one should be neutral about that.
[photo:flickr/RealEstateZebra]