[Resubmitted with some HTML stuff removed, I hope.]
Andreas writes:
"Prominent organisations campaigning for a free and open web very strongly disagree with your view."
I said there are no facts, and you responded by citing opinion pieces. That's cool, but opinions are not themselves facts.
Furthermore, in some circles, I've been considered from time to time to be someone "prominent" whose entire career has been dedicated to a free and open web. If you're suggesting that everyone -- or even everyone "prominent" -- who believes in a free and open web "very strongly" disagrees with me, then you are misinformed. There is an honest difference of opinion about what the developing world needs first. And, in my experience, it is only individuals in developed, industrialized countries with very little direct knowledge about the infrastructural and access challenges in developing countries who imagine that zero-rated services are categorically a threat to "a free and open web."
I've actually written about this issue at length, and will be publishing another article on the issue next week. I'll post the link here when I have it.
Whether the U.S. government's Federal Communications is not itself a "prominent organization" that has committed itself to "a free and open web" is a proposition worth challenging is, of course, up to you. But I hope you don't expect such a challenge to be taken seriously. I know the FCC's new Report and Order on net neutrality is a very long (400-page) document, and there is of course no requirement that you actually have read it (much less some appreciable fraction of the comments that led to it). But I've done so. The FCC expressly refused to adopt the categorical, simplistic, binary approach you have posted here.
My friends and colleagues at EFF, Access Now, and elsewhere -- as well as individual scholars and commentators like Marvin Ammori -- know me, and they know why I differ with them about this stuff. What I have explained to them is that my experiences of working with in-country NGOs in the developing world (who don't, in fact, disagree with me about this) have shaped my opinion. If your own experience in working on access issues in (say) Africa or Southeast Asia is stronger than my own, I'd be more likely to be persuaded by your, uh, "original research" than by your effort to selectively adduce footnotes in support of your assertions. At least that's my inclination after a quarter of a century of working for internet freedom. (I was the first employee at EFF, where I worked for nine years.)
The Access Now editorial, in particular, was drafted by someone who had not been open to discussing why it doesn't make sense to describe Wikipedia Zero as having "forged deals" with telcos. How do I happen to know this? Because, as a result of conversations with Marvin Ammori, I tried reaching out to Access Now. (The author is not among the many Access Now lawyers I know personally.) Those efforts never went anywhere--the writer wasn't interested in discussing it. What you may not know, if you are not based in Washington, DC, policy circles, is that very many (although not all) network-neutrality activists are afraid that if there is *any* exception to a categorical prohibition on zero-rated services, this will somehow undermine network neutrality forever. I do not share their predisposition (or yours) to understand the issue in such simplistic, binary terms.
Please forgive me for not re-reading the Access Now editorial again, even though you quote it so heavily here. I've discussed the editorial face-to-face, however, with my Access Now friends in DC, and again at the Internet Governance Forum in Istanbul last year, and just last week at RightsCon in Manila, where I was a guest speaker and moderator of a panel on internet-rights initiatives in Southeast Asia.
I didn't happen to see you at any of those events, but they were quite busy and crowded, so perhaps I missed you. Perhaps your own labors on behalf of a free and open internet were so demanding that they prevented you from attending. If so, I understand entirely.
I'll be back in Phnom Penh working on the Great Charter for Cambodian Internet Freedom for a couple of weeks in June--if you can find your way there, I'd be happy to introduce you to activists who, like me, believe that Wikipedia Zero is the kind of project that helps citizens more immediately and pervasively than a commitment to charging for mobile internet access by the byte.
Fortunately, my heterodoxy on the issue of net neutrality has not prevented the prominent organizations you mention from continuing to work with me on issues like NSA reform, copyright and patent reform, and updating the U.S. Electronic Communications Privacy Act. That stuff is going to be my major work obligation in April and May. I guess I'm lucky that the prominence of those organizations has not led them to being so casually dismissive of me as you have chosen to be.
Best regards,
--Mike Godwin Staff Counsel, Electronic Frontier Foundation, 1990-1999 General Counsel, Wikimedia Foundation, 2007-2010 Director and General Counsel, The R Street Institute, 2015-present