January 14, 2010 submission to the FCC regarding net neutrality legislation.
In order to protect the free speech interests of Internet users, the Commission should reject copyright enforcement as “reasonable network management.” Copyright enforcement has nothing to do with the technical business of network management.
Congress has not deputized the FCC to be a free roving regulator of the Internet. On the contrary, Congress has consistently preferred to protect the Internet from excessive regulation. So while EFF strongly endorses the goals of this Commission as stated in the NPRM, a limitless notion of ancillary jurisdiction would stand as an open invitation to future Commissions to promulgate “policy statements,” issue regulations, and conduct adjudications detrimental to the Internet.
We need to be able to allow ISPs to provide greater access to the services that need it, such as real-time applications, while ensuring that they do not pay attention to content. ISPs cannot both be doing the government's bidding regarding law enforcement of copyright and illegal material AND at the same time be expected to be "net neutral." That is asking the impossible.