[Occupymendocino] Fwd: Popular Resistance Newsletter - Next actions for Net Neutrality

[DANIEL BAKER]

---------- Forwarded message ----------
From: PopularResistance.org <info at popularresistance.org>
Date: Sat, Feb 24, 2018 at 11:59 AM
Subject: Popular Resistance Newsletter - Next actions for Net Neutrality
To: BLACKDANTHEMAN100 at gmail.com


Thursday, the FCC’s net neutrality rule was published in the Federal
Register, starting the next phase of the campaign to protect the open
Internet.

This newsletter is also available
on the web here (https://popularresistance.org/newsletter-next-stage-of-
net-neutrality-conflict-begins/) .
------------------------------------------------------------

On Thursday, the FCC’s net neutrality rule was published in the Federal
Register (https://www.federalregister.gov/documents/2018/02/22/2018-
03464/restoring-internet-freedom) . This was the official start of the next
phase of the campaign to protect the open Internet as a common carrier with
equal access for all and without prejudice based on content (net
neutrality).

There are multiple fronts of struggle to make net neutrality a reality:
Congress, the courts, states and communities. This is part of a campaign to
create an Internet for the 21st Century (https://popularresistance.
org/newsletter-creating-21st-century-internet/)  that is fast, reliable and
available in all communities.

Polls show widespread support for net neutrality. Last year, polling found
77% of people in the Unite States “support keeping the net neutrality
rules, which are already in place” and 87% agree that “people should be
able to access any websites they want on the internet, without any
blocking, slowing down, or throttling by their internet service providers.”
The FCC’s net neutrality rule does the opposite of the national consensus,
and if members of Congress want support from Internet users, they need to
reverse the FCC’s rule.

Tech Policy Poll conducted by Civis Analytics, 2,475 adults, June 22-23,
2017.
Open Internet Survey (http://www.incompas.org/files/IMGEInsights-
Presentations-KeyFindings-1c.pdf)  conducted by Republican consulting firm
IMGE and
commissioned by INCOMPAS, 1,502 registered voters between June 26-29, 2017.
Net Neutrality Survey (https://blog.mozilla.org/blog/2017/06/06/new-mozilla-
poll-)  conducted by Ipsos and commissioned by Mozilla, 1,008 adults, May
24-25, 2017.

Repeal the FCC Anti-Net Neutrality Order In Congress

Under the Congressional Review Act (CRA), Congress can reject a federal
agency’s decision. The net neutrality movement has 60 legislative days to
push Congress to reverse the FCC’s order and return net neutrality rules
that reclassified the Internet under Title II of the Federal Communications
Act. Title II classification ensured the Internet was a common carrier with
equal access for all. The movement is working in both bodies of Congress to
put elected officials on record (https://popularresistance.
org/net-neutrality-floor-vote-will-force-senators-to-go-on-record/)  for
their positions so they can be held accountable.

Net neutrality proponents have been organizing for a Resolution of
Disapproval under the CRA since the FCC announced its decision last
December. There are already enough co-sponsors to ensure a vote in the
Senate, (https://popularresistance.org/senate-will-vote-on-
repeal-of-fcc-net-neutrality-decision/)  but we are one vote away from
victory (https://popularresistance.org/senate-push-for-net-
neutrality-reaches-50-supporters/) . Right now all Senate Democrats, both
independents, Senators Bernie Sanders (VT) and Angus King (ME), and one
Republican, Susan Collins (ME), have agreed to vote for the resolution.
This has the Senate in a tie, which would be broken by Vice President Mike
Pence.  There are several possible Republicans, e.g.  Sen. John Kennedy
(LA), Sen. Lisa Murkowski (AK), Sen. Dean Heller (NV), Sen. Dan Sullivan
(AK), Sen. Cory Gardner (CO), and Sen. John McCain (AZ), who might join
Collins in opposing the FCC rule.

Next Tuesday, February 27, the Internet coalition (http://www.
protectourinternet.org/)  has organized a #OneMoreVote national day of
action. (https://popularresistance.org/operation-onemorevote/)  Go to
Battle for the Net’s #OneMoreVote campaign (https://www.battleforthenet.
com/onemorevote/)  to encourage your Senator to get behind the CRA. There
will be a rally for the #OneMoveVote campaign outside the Senate (
https://www.facebook.com/events/145880416107459/')  in Washington, DC as
part of the national day of action.

The Internet Service Providers’ position is being advocated for by the
right wing group, Freedom Works, who defends the FCC’s repeal of net
neutrality. They will be holding a day of action on Monday. They are taking
the CRA challenge seriously and can no longer ignore us.

There has also been organizing in the US House of Representatives. On
January 16, Representative Mike Doyle (PA-14) unveiled the names of 82
original cosponsors of his CRA resolution. Including Doyle, the list totals
83 and includes House Minority Leader Nancy Pelosi. A majority of House
members are needed to move forward.

This movement intends to make net neutrality an issue in the 2018 election (
https://popularresistance.org/internet-movement-will-
make-net-neutrality-2018-campaign-issue/) . Republicans, in particular, are
worried about a Trump-caused election against them, resulting in large
numbers of retirements. Voters across the political spectrum support net
neutrality. Republicans need to join the national consensus or pay a
political price.

After we succeed in both Chambers, President Trump will need to decide if
he is with the people or the telecoms. If we are successful in both Houses
of Congress, we will have built a lot of political power that will be
dangerous for Trump to ignore.

Net Neutrality in the Courts

The publication of the FCC rule repealing net neutrality also restarts
litigation (https://popularresistance.org/lawsuits-try-stopping-fcc-
from-killing-open-internet/)  to challenge the FCC rule, which seeks an
injunction to stop the rule from being implemented. State attorneys
general, public interest groups and internet companies are all taking legal
action in the US Court of Appeals for the DC Circuit. The goal is for the
FCC rule to be remanded for reconsideration and for it to be enjoined
pending the outcome of the litigation. Courts tend to favor federal
agencies, but we have a strong case.

The central arguments will be that the FCC’s action was arbitrary and
capricious and abuse of their discretion by  reversing net neutrality
rules. Further, the FCC misinterpreted and disregarded critical evidence on
industry practices, and their decision will harm consumers and businesses.
In addition, the procedures followed by the FCC violated the Administrative
Procedures Act.

Over the next ten days, lawsuits will be filed by several net neutrality
advocacy groups. Those that have filed or pledged to do so include Free
Press (https://act.freepress.net/donate/internet_nn_lawsuit/) , Public
Knowledge (https://www.publicknowledge.org/press-release/public-
knowledge-challenges-reckless-fcc-net-neutrality-rollback)  and the Open
Technology Institute (https://popularresistance.org/montana-enacts-net-
neutrality-provides-template-for-other-states-to-follow/) . In addition, 22
states and the District of Columbia (https://www.reuters.com/
article/us-usa-internet/states-refile-lawsuits-to-block-repeal-of-u-s-net-
neutrality-idUSKCN1G62F8)  have refiled their lawsuits against the FCC to
restore its original rules. Mozilla and Vimeo have also filed suit (
https://www.bloomberg.com/news/articles/2018-02-22/
mozilla-vimeo-sue-fcc-in-bid-to-restore-net-neutrality-rules)  to protect
net neutrality.

Net Neutrality in States and Local Communities

The campaign for net neutrality is also working at the state and local
level (https://popularresistance.org/states-and-cities-keep-
battle-for-net-neutrality-alive/) . In more than half (
https://www.techdirt.com/articles/20180220/08225739269/
more-than-half-us-states-now-pushing-their-own-net-neutrality-rules.shtml)
of the states, net neutrality protections are moving forward (
https://popularresistance.org/snubbing-fcc-states-are-writing-their-own-net-
neutrality-laws/) .

In California (https://www.theroot.com/netneutrality-california-
state-senate-approves-bill-p-1822572864#_ga=2.170446112.
1289090535.1519129429-1695488106.1512405280) , Hawaii (
https://www.bizjournals.com/pacific/news/2018/02/05/ige-
signs-executive-order-on-net-neutrality.html) , New York (
http://gizmodo.com/new-york-gov-andrew-cuomo-orders-state-
not-to-sign-con-1822398754#_ga=2.148361975.1378198099.1519148943-1982223105.
1499718592) , Montana (https://www.nytimes.com/2018/
01/22/technology/montana-net-neutrality.html)  and Vermont (
https://www.theregister.co.uk/2018/02/16/vermont_net_neutrality_rules/) ,
legislation is in the works that would preserve internet neutrality. The
FCC’s new rule says states are not allowed (https://arstechnica.com/tech-
policy/2017/11/fcc-will-also-order-states-to-scrap-plans-
for-their-own-net-neutrality-laws/)  to pass their own net neutrality laws,
but many are trying to do so with various legal workarounds. It is likely
these state and local
actions will require litigation to be put into place.

Governors (https://www.reuters.com/article/us-usa-internet/
states-refile-lawsuits-to-block-repeal-of-u-s-net-neutrality-idUSKCN1G62F8)
are also working to protect net neutrality. The first governor to act was
Montana’s Steve Bullock. (https://popularresistance.org/montana-enacts-net-
neutrality-provides-template-for-other-states-to-follow/)  Now governors in
Vermont, Hawaii, New Jersey and New York have signed executive orders
requiring their states to only do business with internet providers that
abide by net neutrality rules.

And there is activity at the community level. A new map from Community
Networks shows that more communities than ever are building their own
broadband networks (https://popularresistance.org/more-than-750-communities-
have-created-internet-networks/)  to end big telecom’s monopoly. They range
from large networks in Chattanooga, Tennessee to small town networks
connecting a few local businesses. The map includes more than 750
communities as of January 2018, including 55 publicly-owned municipal
networks serving 108 communities, 76 communities with publicly-owned cable
networks reaching most or all of the community, and 258 communities served
by rural electric cooperatives, among others. Nineteen states have barriers
in place that discourage or prevent local communities from creating
publicly-owned local networks.

People Will Ensure the Internet Serves Us All Equally

The paths we are on in the courts, Congress and the states are challenging,
but every step this campaign takes builds the political power of the
Internet equality movement. The Internet movement is never going to give up
on its demand for net neutrality, as well as related issues of equal access
to high quality broadband for all, no matter your level of wealth or income.

We need to build an Internet for the 21st Century (
https://popularresistance.org/newsletter-creating-21st-century-internet/) .
The reign of FCC Chairman Ajit Pai will be seen as an era of regression. In
the end, we will strive for the country to recognize access to high quality
Internet is a human right and a public good. Pai’s backward steps will be
used to launch us to an even stronger future where we create a public
broadband system (https://uproxx.com/technology/net-neutrality-
public-broadband/)  that serves people, not corporate profits. Join our
Internet campaign Protect Our Internet (http://www.protectourinternet.org/)
and take action today at Battle for the Net (https://www.battleforthenet.
com/) .

As we discussed in our radio show (https://popularresistance.
org/organizing-for-our-rights-to-internet-equality/)  with two top experts
on Internet issues, the failure to treat the Internet as a common carrier
violates legal principles going back before the founding of the United
States. The ideas that the mail was a common carrier or that public transit
treated everyone equally are the root concepts for net neutrality. We need
to continue to build power to ensure Internet access is seen as a human
right and a tool of free speech with equal access for all.

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