Hi all,

I wanted to provide a quick update on this now that we've had a chance to review the 180+ page notice. 

The FCC is proposing rules that would require ISPs to be transparent about the provision of their services and prohibit blocking of lawful content and "commercially unreasonable practices."  The FCC would determine whether particular practices are  "commercially unreasonable" on a case-by-case basis based on a number of factors. The rules would require ISPs to provide a "minimum level of access" to the Internet, which is basically our current internet connection. But they leave open the possibility of ISPs developing "fast lanes" for businesses that negotiate deals with ISPs for faster access (as long as the deals are not "commercially unreasonable").

Based on a recent court decision striking down the FCC's previous Open Internet rules, the FCC may not have the power to ban fast lanes under Section 706 of the Telecommunications Act, which is the basis for the proposal. The FCC is therefore asking for comments on whether it should reclassify ISPs as "common carriers" under Title II of the Act, which would give it the power prohibit fast lanes. The FCC is also soliciting feedback on whether it should expressly prohibit fast lanes. 

If ISPs create fast lanes, they may not have an incentive to maintain and develop the "slow lane." The concern is that only companies that can afford being in a fast lane will be able to benefit from improvements, creating a gap between large companies and nonprofits and start-ups. The Wikimedia projects would probably not be in a fast lane for financial and policy reasons. This means that users may get slower access to the projects than to some other sites. The same thing may happen with blogs and various online sources that Wikimedians rely on to develop content on the projects. 

I attended a meeting earlier today about the FCC's proposal where many of the companies and organizations that sent letters to the FCC in anticipation of the proposal were represented. It seems that many of them may be submitting comments in the 60 day public comment period to ask the FCC to reclassify ISPs as "common carriers" under Title II and prohibit fast lanes.

Best, 
Yana 


On Tue, May 20, 2014 at 2:48 PM, Lila Tretikov <lila@wikimedia.org> wrote:
Yana --

Would like to hear your assessment when you have it.

Lila


On Mon, May 19, 2014 at 1:11 AM, Stevie Benton <stevie.benton@wikimedia.org.uk> wrote:
Thank you Yana, that's really helpful.

Best,

Stevie


On 15 May 2014 21:56, Yana Welinder <ywelinder@wikimedia.org> wrote:
Hi Stevie, 


I haven't had a chance to analyze it yet.

Best, 
Yana


On Thu, May 15, 2014 at 10:33 AM, Stevie Benton <stevie.benton@wikimedia.org.uk> wrote:
Hi Yana, 

Thank you for your response, that's most helpful.

With regards,

Stevie


On 15 May 2014 18:28, Yana Welinder <ywelinder@wikimedia.org> wrote:
Hi Stevie, 

The FCC voted to propose a net neutrality framework for public comment.  It will now take comments for two 60-day comment periods before approving any rules.[1]

From the limited information that they have released so far, the FCC is asking whether it should prohibit prioritization (i.e. fast lanes) and whether it needs to rely on a different provision of the Telecommunications Act to have the authority to regulate ISPs in this manner.

It's hard to tell how this will affect the projects, particularly as the actual framework does not seem to be available yet.  I'll forward it to this list once it's published.  

Best, 
Yana




On Thu, May 15, 2014 at 9:04 AM, Stevie Benton <stevie.benton@wikimedia.org.uk> wrote:
Hello everyone,

For those interested in net neutrality, the Federal Communications Committee in the US has voted to allow for paid priority on the internet. 


I believe there is now a period where public views will be sought. What is interesting is if the US does implement this change it makes it easier for other countries to do the same. 

Do any of our friends in the US have any info on how this might affect Wikimedia projects?

Thanks and regards,

Stevie

-- 
Stevie Benton
Head of External Relations
Wikimedia UK
+44 (0) 20 7065 0993 / +44 (0) 7803 505 173
@StevieBenton











Wikimedia UK is a Company Limited by Guarantee registered in England and Wales, Registered No. 6741827. Registered Charity No.1144513. Registered Office 4th Floor, Development House, 56-64 Leonard Street, London EC2A 4LT. United Kingdom. Wikimedia UK is the UK chapter of a global Wikimedia movement. The Wikimedia projects are run by the Wikimedia Foundation (who operate Wikipedia, amongst other projects).












Wikimedia UK is an independent non-profit charity with no legal control over Wikipedia nor responsibility for its contents.

_______________________________________________
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--
Yana Welinder
Legal Counsel
Wikimedia Foundation
415.839.6885 ext. 6867

NOTICE: As an attorney for the Wikimedia Foundation, for legal/ethical reasons I cannot give legal advice to, or serve as a lawyer for, community members, volunteers, or staff members in their personal capacity. For more on what this means, please see our legal disclaimer.

_______________________________________________
Advocacy_Advisors mailing list
Advocacy_Advisors@lists.wikimedia.org
https://lists.wikimedia.org/mailman/listinfo/advocacy_advisors




-- 
Stevie Benton
Head of External Relations
Wikimedia UK
+44 (0) 20 7065 0993 / +44 (0) 7803 505 173
@StevieBenton








Wikimedia UK is a Company Limited by Guarantee registered in England and Wales, Registered No. 6741827. Registered Charity No.1144513. Registered Office 4th Floor, Development House, 56-64 Leonard Street, London EC2A 4LT. United Kingdom. Wikimedia UK is the UK chapter of a global Wikimedia movement. The Wikimedia projects are run by the Wikimedia Foundation (who operate Wikipedia, amongst other projects).









Wikimedia UK is an independent non-profit charity with no legal control over Wikipedia nor responsibility for its contents.

_______________________________________________
Advocacy_Advisors mailing list
Advocacy_Advisors@lists.wikimedia.org
https://lists.wikimedia.org/mailman/listinfo/advocacy_advisors




--
Yana Welinder
Legal Counsel
Wikimedia Foundation
415.839.6885 ext. 6867

NOTICE: As an attorney for the Wikimedia Foundation, for legal/ethical reasons I cannot give legal advice to, or serve as a lawyer for, community members, volunteers, or staff members in their personal capacity. For more on what this means, please see our legal disclaimer.

_______________________________________________
Advocacy_Advisors mailing list
Advocacy_Advisors@lists.wikimedia.org
https://lists.wikimedia.org/mailman/listinfo/advocacy_advisors




-- 
Stevie Benton
Head of External Relations
Wikimedia UK
+44 (0) 20 7065 0993 / +44 (0) 7803 505 173
@StevieBenton




Wikimedia UK is a Company Limited by Guarantee registered in England and Wales, Registered No. 6741827. Registered Charity No.1144513. Registered Office 4th Floor, Development House, 56-64 Leonard Street, London EC2A 4LT. United Kingdom. Wikimedia UK is the UK chapter of a global Wikimedia movement. The Wikimedia projects are run by the Wikimedia Foundation (who operate Wikipedia, amongst other projects).





Wikimedia UK is an independent non-profit charity with no legal control over Wikipedia nor responsibility for its contents.

_______________________________________________
Advocacy_Advisors mailing list
Advocacy_Advisors@lists.wikimedia.org
https://lists.wikimedia.org/mailman/listinfo/advocacy_advisors



_______________________________________________
Advocacy_Advisors mailing list
Advocacy_Advisors@lists.wikimedia.org
https://lists.wikimedia.org/mailman/listinfo/advocacy_advisors




--
Yana Welinder
Legal Counsel
Wikimedia Foundation
415.839.6885 ext. 6867
@yanatweets

NOTICE: As an attorney for the Wikimedia Foundation, for legal/ethical reasons I cannot give legal advice to, or serve as a lawyer for, community members, volunteers, or staff members in their personal capacity. For more on what this means, please see our legal disclaimer.