Victory Even As Markey Amendment Fails


The Markey Amendment failed in committee 22-34. Democrats Rush, Green, Gonzalez, Towns, and Wynn all voted no on the amendment and betrayed the netroots. The rest of the committee Democrats voted for the amendment.

Action now moves to the Senate.

However, today was a victory as a few key players on the full committee changed their votes. Important action is required heading into the Senate but we have created significant momentum and the telco cartel is very afraid of us now.

This is not how they wanted it to go down. They wanted this amendment to fail quietly, so the Senate would not take it up.

As one staffer on the Hill today told The Agonist:

They wanted this to pass in the dead of night. Instead, people are going to be energized, and the Senate is really going to matter.

We changed the rules today. Great work.

Major kudos to Rep. Heather Wilson as the lone Republican holdout too!

Read the coalition press release after the jump

House Ignores Public, Sells Out the Internet

Growing Right-Left Coalition Gains Momentum, Looks to Senate to Save Internet Freedom from Telecom Cartel

WASHINGTON -- Today the House Energy and Commerce Committee struck a blow to Internet freedom by voting down a proposal to protect Network Neutrality from attacks by companies like AT&T, Verizon, and Comcast.

The diverse, bipartisan SavetheInternet.com Coalition vowed to continue rallying public support for Internet freedom as the legislation moves to the full House and Senate. In less than one week, the coalition gathered more than 250,000 petition signatures, rallied more than 500 blogs to write about this issue, and flooded Congress with thousands of phone calls.

The "Markey Amendment" supporting Net Neutrality was voted down by a vote of 34 to 22. The "Communications Opportunity, Promotion and Enhancement Act" telecom law, or COPE Act, passed out of the committee without any meaningful protection for Net Neutrality. Net Neutrality means all online activity must be treated equally, and companies like AT&T must allow Internet users to view the smallest blog just as easily as the largest corporate Web site.

"The Commerce Committee is headed in the opposite direction of where the American public wants to go," said Columbia Law Professor Timothy Wu, a pro-market advocate and one of the intellectual architects of the Net Neutrality principle."Most people favor an open and neutral Internet and don’t want Internet gatekeepers taxing and tollboothing innovation."

Major telecom companies like AT&T and Verizon are spending hundreds of millions of dollars to get Congress to change the rules to let them discriminate on the Internet -- forcing Web sites to pay "protection money" to ensure their sites will work properly.

"Predictably, the careerist politicians on the House Energy and Commerce Committee rolled right over in their frantic desire to do the telecoms' bidding," said Craig Fields, director of Internet operations for Gun Owners of America. "It makes no difference to them whether the Internet will remain a free and vibrant marketplace of ideas. As far as they are concerned, if big business is happy, all is right with America. And so we look with hope to the Senate, that supposedly august body, which prides itself on its more 'deliberative' pace and tone. They paint themselves as conscientious adults -- perhaps, just perhaps, they'll actually act like such when it is their turn to decide the future of the Internet."

Groups on the right and left have banded together, and hundreds of bloggers from across the political spectrum have galvanized behind this cause, with more than 500 blogs pointing their readers to SavetheInternet.com.

"It's shocking that the House continues to deny the will of the people on an issue that affects everyone so directly -- protecting the free and open Internet," said Eli Pariser, Executive Director of MoveOn.org Civic Action. "Our bipartisan coalition will rally the online community like it’s never been rallied before, and together the public will overturn today’s enormous blow to the freedom principle that’s made the Internet great."

"Commerce and free expression on the Internet have flourished because it's available to everyone on the same basis," said Glenn Reynolds, of libertarian blog Instapundit.com. "That's how it should continue to be."

The SavetheInternet.com coalition includes: Gun Owners of America, MoveOn.org Civic Action, Craig Newmark of Craigslist, Glenn Reynolds (a.k.a. libertarian blogger Instapundit), Parents Television Council, United Church of Christ, the American Library Association, the Consumer Federation of America, Consumers Union, Common Cause, Public Knowledge, and other major public interest groups. The coalition is spearheaded by Free Press, a national, nonpartisan group focused on media reform and Internet policy issues. The rapidly expanding list of groups supporting Internet freedom is available at www.SavetheInternet.com.

"The diversity of this coalition underscores the importance of this issue," said Vint Cerf, one of the fathers of the Internet and Google's Chief Internet Evangelist. "When the Internet started, you didn't have to get permission to start companies. You just got on the Net and started your idea."

The COPE Act next moves from the committee to a full House vote. The Senate Commerce Committee is expected to take up Net Neutrality legislation in the coming weeks.

"The House vote today ignores a groundswell of popular support for Internet freedom," said Ben Scott, policy director of Free Press. "We hope that the full House will resist the big telecom companies and reject the bill. But we look to the Senate to restore meaningful protections for net neutrality and ensure that the Internet remains open to unlimited economic innovation, civic involvement and free speech."

For more information, visit www.SavetheInternet.com


Sean Paul Kelley April 26, 2006 - 3:26pm
( categories: Net Neutrality Diary )

What the heck is your guy, Charlie Gonzalez, up to?

PW April 26, 2006 - 6:17pm

Love Firefox, Hate IE

Sean Paul Kelley April 26, 2006 - 6:21pm

I think Congressman Bobby Rush should take pride of place. After aceing a cool million from AT&T for a pet project, he's repaid the favor a thousand times.

Independent Illinois Grassroots: IllinoisDemNet.com

patachon April 26, 2006 - 7:53pm

K.C. Jones | TechWeb | April 26

Congress continued to debate network neutrality Wednesday as a group opposing companies' push for tiered access gained momentum.

A day after the House Committee on the Judiciary debated the issue, the House Committee on Energy and Commerce took up the issue Wednesday with plans to vote on the Communications Opportunity, Promotion and Efficiency (COPE) Act of 2006. A portion of the bill would authorize the Federal Communications Commission to enforce network neutrality.

At the same time, the SavetheInternet.com Coalition announced that more than 250,000 people signed their petition calling for protection of net neutrality. The coalition, which joins libertarians and gun owners with liberal and business groups, gathered the signatures supporting Massachusetts Democrat Rep. Ed Markey's amendment in less than a week.

"Both sides of the political blogosphere have galvanized behind this political issue – with nearly 500 blogs linking to www.SavetheInternet.com within days," SavetheInternet.com announced.

Telecommunications companies want the FCC to regulate Internet traffic and have argued for the ability to charge companies more for premium services. They argue that they need to increase revenue to upgrade networks. Opponents say that if some companies get premium services, others will get inferior service. They say that will annihilate the equality that has allowed small Web site operators and bloggers the same reach as large companies.

"Net neutrality ensures that the public can view the smallest blog just as easily as the largest corporate Web site by preventing companies like AT&T from rigging the playing field for only the highest-paying sites and services," Timothy Karr, campaign director of Free Press, said in a prepared statement.

The AARP, Consumers Union, Consumer Federation of America, Free Press, the U.S. Public Interest Research Group, MoveOn.org, Gun Owners of America, MySpace.com and Vint Cerf are among those claiming that the Internet's level playing field is threatened.

"Network neutrality is the First Amendment of the Internet, the principle that guarantees that all speakers on the Internet are treated equally," they wrote in a joint letter, also signed by petitioners and sent to members of the Energy and Commerce Committee.

They claim that, without Markey's amendment, COPE would prevent the FCC from being able to protect consumers and businesses First Amendment freedoms, as exercised through equal Internet access.

"The Markey amendment will effectively thwart attempts by broadband behemoths to block, impair, or degrade a consumer's ability to access any lawful Internet content, application or service," amendment supporters wrote in their letter to the committee.

They claim the amendment will prevent broadband providers from favoring themselves or affiliated groups and "warping the Web in a multi-tiered network of bandwidth haves and have-nots."

Markey said in a prepared statement that the exponentially growing coalition – which also includes eBay, Amazon, Yahoo and religious broadcasters – shows how important the issue is to millions of Americans who depend on the open structure of the Internet.

Tuesday, Walter McCormick, president and CEO of the U.S. Telecom Association, testified before the Committee on the Judiciary during a hearing on the topic. He said he thinks that the country's anti-trust laws are sufficient to protect consumers.

McCormick, representing more than 1,200 companies, added that the companies do not want to block, degrade or control access. They simply want to give larger pipes to businesses than residents need. McCormick said that under the current system, consumers are shouldering part of the burden for increased capacity, while providers would like to charge the heaviest users.

"What's in debate here is who pays for that enhanced portion of the network," he said.

As of Wednesday afternoon, the Commerce and Energy Committee recessed without taking up the Markey amendment and planned to reconvene later in the day.

Meanwhile, opposition continued to grow this week as dontmesswiththenet.com launched, while Microsoft CEO Steve Ballmer, Google CEO Eric Schmidt, Intel President and CEO Paul Otellini and IAC/InternActiveCorp. Chairman and CEO joined the fight. They sent a letter to several representatives stating that net neutrality has supported innovation and empowered people and must be protected.

more commentary, from FT:

Rick April 26, 2006 - 8:56pm

a victory is a victory- a defeat is a defeat- if I hear the "good spin" on near misses one more time I'll have to up the Prozac:-)


"at some point I'm hopeful I'll figure out something to put here"

nymole April 26, 2006 - 10:04pm

there is a lot to be happy about in today's events. We just have to push hard on this one. I know many of you are disinclined to activism to a certain degreee. I share that in many respects. But sometimes and on certain issues, well, I will stand up. And it is nice to be able to do so.

®Love Firefox, Hate IE

Sean Paul Kelley April 26, 2006 - 10:12pm

the fat lady is still silent :P

Tina April 26, 2006 - 10:33pm

This sucks, do we have a full list on who voted for\against ?
The big question is how do we get our 'elected' officials to work for us, not the special intrest groups.

scrat April 26, 2006 - 10:30pm
Sean Paul Kelley April 26, 2006 - 11:22pm

I'm just whining because I'm tired of losing.

"at some point I'm hopeful I'll figure out something to put here"

nymole April 27, 2006 - 12:11am

A widely diverse coalition of large content providers, including Google, Amazon.com, eBay and Microsoft, and nonprofit organizations, free speech groups and consumer advocates—the SaveTheInternet.com Coalition—vowed to continue fighting for stronger protections.

"The [committee vote] ignores a groundswell of popular support for Internet freedom," said Ben Scott, policy director of Free Press, one of the coalition members. "We hope that the full House will resist the big telecom companies and reject the bill."

PCMag.com
[snip]
The House is expected to take up the bill in early May, but the net neutrality provision's momentum may be slowed by several variables, including a turf battle in the House. Both Republican and Democratic members of the Judiciary Committee April 25 made it clear that they consider net neutrality to be within their jurisdiction. In addition, the Senate is moving cautiously. Several telecom reform bills are under consideration in the Senate, but none contains detailed neutrality provisions.

Tina April 27, 2006 - 1:01pm

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