Published in The Hill 

December 22, 2014

 

In a co-authored essay in re/code titled, "Protecting the Internet from Government Control," Congressmen Fred Upton (R-MI), Henry Waxman (D-CA), Ed Royce (R-CA), and Eliot Engel (D-NY) argue that the United States must not hand over Internet governance to the International Telecommunications Union (ITU), controlled by 193 nations, or a similar international organization.

 

In no uncertain terms, the essay's authors, a foursome of committee chairs and ranking members, assert: "Handing over the reins of Internet governance to a body like the ITU would imperil the Internet at a time when its dynamism and innovation are benefitting more people around the globe than ever before."

 

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But there are a few lines buried in the essay well worth highlighting, especially in light of President Obama's recent statement explicitly asking the supposedly independent Federal Communications Commission to adopt burdensome new net neutrality mandates by classifying Internet service providers as "telecommunications" providers under Title II of the Communications Act. Worth highlighting because, as the four congressmen state: "The ITU dates back to 1865, when it was established as the International Telegraph Union to coordinate the delivery of telegraphs among nations. Governments are the only voting members. Whether 'telegraph' or 'telecommunications,' ITU's mandate was never to cover the Internet...."

 

Yes, that right. What the ITU regulates, by the very terms of its operative agreement, is "telecommunications," and the agreement recognizes the right of each country to regulate "telecommunications" as it sees fit. So there is more than a little irony in the fact that President Obama is asking the FCC to classify Internet services as regulated "telecommunications" services (which they are not now) and the FCC's Chairman, Tom Wheeler, appears prepared to go along with the presidential direction.

 

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In other words, despite any protestations to the contrary that may be uttered by U.S. officials, the FCC's action regulating Internet providers will speak louder than any justifications the agency may offer. Other countries, like China, Iran, Cuba, and Russia, with unmistakable designs on exerting more control over Internet communications will seize upon the FCC's new claim of regulatory authority as a justification for their own actions.

 

So, while I commend Congressmen Upton, Waxman, Royce, and Engel for their letter warning against attempts by foreign governments to take over control over the Internet, I also thank them for calling attention to the fact our own government, at President Obama's insistence, appears poised to act in a way that almost certainly will facilitate just such a control grab.

 

Read the entire piece: http://thehill.com/blogs/pundits-blog/technology/227827-us-net-neutrality-campaign-enables-foreign-governments-internet.

 

* Randolph J. May is President of the Free State Foundation, an independent, nonpartisan free market-oriented think tank located in Rockville, Maryland.