Assemblyman Richard Brodsky from Westchester has introduced Assembly Bill 3980 the "Omnibus Telecommunications Reform and Consumer Protection Act of 2007" in the New York State Assembly. For those wishing to read the text of the bill it can be found at: http://assembly.state.ny.us/...
The bill seems to have a lot of support from progressive legislators and seems to handle many of the consumer protection and access issues that so many of us are concerned about in a progressive way. My questions about net neutrality are over the flop.
The net neutrality section of the bill is spelled out below. Since I know many of you are experts and followed this issue closely last year at the national level, I would like some feedback about any issues you would see with a state law trying to enforce net neutrality with the language below:
S 243. NEUTRAL INTERNET AND BROADBAND NETWORKS.
- CABLE OPERATORS SHALL NOT:
(A) BLOCK, IMPAIR, DISCRIMINATE AGAINST, OR INTERFERE WITH THE ABILITY OF ANY PERSON TO USE INTERNET BASED TRAFFIC BASED ON THE SOURCE, DESTINATION, OR OWNERSHIP OF THE INTERNET TRAFFIC THAT CARRIES VIDEO SERVICE, IN A MANNER THAT DEGRADES OR OTHERWISE NEGATIVELY IMPACTS THE ACCESS TO, OR THE QUALITY OF SERVICES RECEIVED BY AN END USER;
(B) ENGAGE IN ANY EXCLUSIVE OR PREFERENTIAL DEALINGS REGARDING THE CARRIAGE AND TREATMENT OF INTERNET TRAFFIC, INCLUDING, BUT NOT LIMITED TO, TRAFFIC THAT CARRIES VIDEO PROGRAMMING OR VIDEO SERVICE, WITH AN AFFILIATE OR THIRD PARTY PROVIDER OF INTERNET APPLICATIONS, SERVICES, CONTENT, OR VIDEO SERVICES;
(C) IMPOSE AN ADDITIONAL CHARGE TO AVOID ANY CONDUCT THAT IS PROHIBITED BY THIS SECTION;
(D) PROHIBIT A USER FROM ATTACHING OR USING A DEVICE ON THE PROVIDER`S INTERNET OR BROADBAND NETWORK THAT DOES NOT PHYSICALLY DAMAGE OR MATERIALLY DEGRADE OTHER USERS` UTILIZATION OF THE NETWORK.
- NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT A BROADBAND OR INTERNET NETWORK PROVIDER FROM TAKING REASONABLE AND NONDISCRIMINATO MEASURES:
(A) TO MANAGE THE FUNCTIONING OF ITS NETWORK TO PROTECT THE SECURITY AND TO OFFER PARENTAL CONTROLS AND OTHER CONSUMER PROTECTION MEASURES OF SUCH NETWORK AND BROADBAND OR INTERNET NETWORK SERVICES IF SUCH MANAGEMENT DOES NOT RESULT IN DISCRIMINATION AMONG THE CONTENT, APPLICATIONS, OR SERVICES ON THE NETWORK;
(B) TO GIVE PRIORITY TO EMERGENCY COMMUNICATIONS; OR
(C) TO PREVENT A VIOLATION OF A FEDERAL OR STATE LAW,OR TO COMPLY WITH AN ORDER OF A COURT TO ENFORCE SUCH LAW, OR SUCH OTHER ACTION AGAINST NETWORK THREATS AS MAY BE AUTHORIZED IN SECTION TWO HUNDRED FIFTEEN OF THIS CHAPTER.
Your suggestions?