On Net Neutrality and This Next Congress

When we won a Congressional majority, I immediately said that I don't expect a lot from this Congress. The attempted and silly knee-cappings of Pelosi are a reflection of an identity crisis that will not be easily solved. My signpost is net neutrality, a clear issue that we worked on, that we care about, and that is the bedrock for a progressive strategic advantage. Despite our work, I expect that net neutrality protections are going to have rough sledding in this Congress.  As long as the issue is alive, there will be no discrimination by the telco companies, so the fight itself is critical, and we will win eventually (if not this session).  I also expect a different and more complex debate on the internet than we had last time, one that brings in a whole new slew of infrastructure issues. I'm going to be paying attention to this fight, because it will be a reflection of our Democratic caucus's character.

It'll be an interesting ride.  There are a lot of choices this group of leaders will make; they will either pay attention to the populist progressive wave that elected their majority, or they will move to appease the DLC constituency that worked against them in the 1990s and over the past six years.  For a variety of cultural reasons, I suspect that the latter path is a bit more likely, though that's by no means clear.  There's evidence on both sides.

On the DLCish side, Democratic leaders Chuck Schumer and Barney Frank are moving to put a partial repeal of Sarbanes-Oxley on the agenda.  This is ostensibly a reaction to New York's declining position as a financial center, which right-wingers are attributing to cumbersome regulations.  My suspicion is that New York's decline has more to do with the disastrous strategic position of America's military along with our dangerous reliance on Chinese capital.  A friend told me that over two days last week Christie's auction house did $1 billion of business, with much of it Chinese and Russian money.  That has nothing to do with Sarbanes-Oxley.  Still, it is convenient for Schumer to pay back his contributors for their DSCC help, and for Frank to set up his possible Senate run in 2008 for Kerry's seat by appealing to this lucrative donor set.  There's a lot of money in dem dar financial circles.

On the other hand, there's a real popular movement against inequitable power relationships.  The janitor's stunning victory in Houston is majorly important; unions in the South are rare, and unions in Texas are often crushed by an incredibly reactionary political system.  That the janitors won with popular support in that city shows that the themes Jim Webb wrote about in his stunningly populist Wall Street Journal Op-Ed are real and resonant.  Here's a recently elected Senator-elect sounding a lot like our newest socialist Senator, Bernie Sanders, and here's the working poor winning the hearts and minds of a Texan city.

The trend of moving against unfair economic practices and the inequitable power relationships they spring from is real.  And it was the backbone of last cycle's net neutrality fight, which is about the public's desire to treat the internet as the commons it is presumed to be.  The ideal solution for business and political elites would be to recognize this new force in American society and alter their practices to accommodate it.  We all want an open universal broadband network that all can hook into, so there's no structural conflict as long as we can inject putting public money into a resource that the public wants.

This accomodation might be possible, though again we will have this DLC-populist conflict in play in pretty clear sight.  John Dingell, Chairman of the House Energy and Commerce Committee and a staunch net neutrality proponent last cycle, has just hired Gregg Rothschild to be his Committee Chief of Staff for the Energy and Commerce Committee.  Rothschild is great on energy, he's great on prescription drugs, and media, and other issues the committee handles.  He's also a former Verizon lobbyist and in that role he was a vicious opponent of net neutrality.  That could mean that Dingell is no longer serious on net neutrality, and that he's going to accommodate himself to the telecom lobby.  Or it could ideally mean that Dingell has hired the perfect ambassador to the telecom industry, the one would can explain to Verizon and AT&T that they must accept an open and neutral network, and in return for this the public will put in the funds to build a really massive and effective broadband infrastructure.

I'll be interested to see what happens.  Energy and Commerce is a big and important committee, and I'll watching to see if Dingell drops net neutrality as an issue, or if Rothschild can play the role ambassador to big business from the public that I hope he will.  The netroots and the progressive movement isn't going away, and we have to make sure that our legislators write laws that are for the benefit of all of us, not simply any one sector full of campaign contributors.



Display:


Re: On Net Neutrality and This Next Congress (3.00 / 1)

Well, I certainly hope that net nuetrality advocates in Dingell's district & throughout Michigan make thier views known.


by howardpark on Tue Nov 21, 2006 at 12:40:52 PM EST

Re: On Net Neutrality and This Next Congress (none / 0)

On the DLCish side, Democratic leaders Chuck Schumer and Barney Frank are moving to put a partial repeal of Sarbanes-Oxley on the agenda.

Let's be fair.  Loosening Sarbanes-Oxley is good for the business lobby, no question about it.  But the fact is, Sarbanes-Oxley is a mixed bag, with some portions of the law that make sense and other portions that impose excessive regulation for minimal benefit.  With enough time having passed, we're in a position to look back in hindsight and determine which parts of the law have worked and which haven't.

A smart rewrite of Sarbanes-Oxley would be a win-win.  That's not to say I have any idea whether this will be a smart rewrite or not, although any time Barney Frank is involved I feel pretty optimistic.  I do think it's important that we not become ideologically wedded to corporate regulation whether it produces a benefit or not.  We can stick to our guns and still cut the business lobby some slack when they have a legitimate case to make.


"Another problem we have...is that in election years we behave somewhat as primitive peoples do at the time of the full moon." --Harry Truman
by Steve M on Tue Nov 21, 2006 at 12:46:18 PM EST

Re: On Net Neutrality and This Next Congress (none / 0)

I don't know shit about the bill, but everything I've ever seen from Barney Frank makes me believe that he's a man of impecible integrity.  Glad to hear someone sticking up for him.


by beedee on Tue Nov 21, 2006 at 07:58:11 PM EST
[ Parent ]

Re: On Net Neutrality and This Next Congress (3.00 / 2)

Has anyone proposed enshrining Net neutrality in a constitutional amendment? It seems to me that a free and open Internet is the most powerful tool for democracy the world has ever seen. As such, corporate interests will keep attacking until they get what they want -- if not this decade, then next decade.

We need something stronger than mere legislation, imo.

Thoughts?


by Tod Westlake on Tue Nov 21, 2006 at 01:05:34 PM EST

Since it's easier for legislation to pass... (3.00 / 1)

...let's startby seeing if we can accomplish that before trying for a Constitutional amendment.


by Eric Jaffa on Tue Nov 21, 2006 at 01:35:27 PM EST
[ Parent ]

Net Neutrality Ads Still Running on TV (3.00 / 2)

They ran during the election ad blizzard and they are still running.  On broadcast TV I have seen TeleCo ads that explicitly say that "net neutrality is bad for consumers".  On cable I see ads that are more subtle and do not refer to net neutrality explicitly.  Instead, they tout cable's long history of innovation and plead that cable not be regulated out of innovation.  

I saw one of those ads last night.


by Arthurkc on Tue Nov 21, 2006 at 01:15:15 PM EST

Re: On Net Neutrality and This Next Congress (3.00 / 2)

The Houston janitors union hasn't been quashed by the Bushies yet. But that is coming and soon. The main reason we don't have any immigration controls is the Bush/Yale University mindset which as the baseline dogma dominates Republican propaganda. The Bushies keep our border doors wide open to get the cheap immigrant labor into the USA--they don't give a nit about anything but reducing costs for their business backers. Right now that local/state government is starting to manage illegal immigration is ever so slightly and bring some of it under control. In January Bush will go back to his Congress people/media types and sell the idea that immigration is really a Federal problem and try to pass a law that will outlaw local immigration control which is now appearing in hard pressed cities and states. His big business/Yale mindset does think about the bad effects of millions of illegals, he only wants them here to reduce costs and bust labor union power. Notice his last years sales job that these are "hardworking, good people, lawbreakers who should be rewarded with citizenship" went no where and many of his fellow Republicans are out of a job because of it. He will try again, he was brought up and went to Yale where they teach that labor unions are very bad and that uncontrolled immigration is good since it destroys them.
Republicans and their cronies think that United States should be controlled by the "one-percent elite club".  If you don't have billions of dollars in inheritance you can't get into that club. What is one-percenters? They are the 1% of the US population who want to control everything. Labor Unions and trade unions are anthema to these people. Does anyone really think that the Bushies and the Republicans want to share power and wealth with the rest of us-No Way! With millions of illegals forcing higher and higher social costs on the middle class the Bush/Yalies will drive local taxes and rates up to levels where people will lose their homes to foreclosures and guess who will wind up owning them? The one-percenters will. That is the old Royalty driven model for India, England, Germany, Brazil--the one-percenters will own everything and the rest of us get to buy from them and serve them.
HD Dunn
by marty2006 on Tue Nov 21, 2006 at 01:18:53 PM EST

"New Congress Likely...Net Neutrality" (3.00 / 1)

By K.C. Jones
InformationWeek

"U.S. Rep. Ed Markey, a Massachusetts Democrat who proposed legislation supporting their cause, is set to lead telecommunications policy for the House majority in 2007. So is U.S. Rep. John Dingell, a Michigan Democrat, who said he would propose a telecommunications reform bill with public interest and net neutrality in mind.

Dingell is positioned to take over as the chair of the U.S. House Energy and Commerce Committee, which held hearings on the issue during the last congressional session. The committee presides over telecommunications and Internet policies. Markey will chair a subcommittee devoted exclusively to those issues.

SaveTheInternet also sees hope in the U.S. Senate, where all representatives who supported net neutrality were re-elected and several challengers who came out in favor of the issue were also elected."

http://news.yahoo.com/s/cmp/20061118/tc_ cmp/194500121


by Eric Jaffa on Tue Nov 21, 2006 at 01:25:02 PM EST

Computer users should get in line (3.00 / 3)

Personally, I'd like help in creating a googlebomb that would link "Quickbooks Pro" to "Organized Racketeering Enterprise." I just got off the phone with a job-stealing telemarketing representative from India who extorted an additional $199  from me for a product that doesn't meet any common-sense warranty of fitness.

But I think the Congress should be even more concerned with the rights of those who can't afford computers and DSL than with those who can.

To be sure, Silicon Valley and high technology companies in general have gotten a huge pass on every conceivable consumer and labor issue, including, not coincidentally, an only partially-successful attempt to organize the janitors who work second jobs at night emptying trash cans and cleaning toilets so that overpaid yuppies can spend happy hour drinking martinis and chatting about lazy Mexicans.

I've said it before, but I'll say it again, the problem is with the cockamamie electorate. Like the johns in big cars who keep the working girls in business, it's the citizenry who send the politicians to DC to do the telecom's business.

Is it any surprise the telecoms want to own the Internet? What could be more predatory than a cell phone bill, where the consumer is required to estimate his own usage and is penalized for bad guessing? What nastier and pettier violation of fair play than AOL-type memberships that are effortless to sign up for, agonizingly difficult to resign from? What more heartless than starving the poor of vitally-needed pay telephones to encourage the purchase of another wave of non-biodegrable electronic crap?

I've given up, in my advanced middle age, of ever seeing one big union and one big strike. But I've not given up on seeing the powerless become powerful through organization.

The bankruptcy laws will change when debtors (both bankrupt and merely teetering on the edge), from a union, and ALL register and vote.

The cruelty of the Katrina flood--and all it represents during the dry years--will end when every bus rider in America demands and gets public restrooms that are not for "customers only," because bus people individually are forgotten, despised lowlifes, but collectively a huge bloc of registered voters that won't be ignored.

Real tax reform will begin renters demand--and get--deductibility of rent payments, and when those who inherit less than $8 million from their parents or spouse get money from those who inherit more.

What better places to educate and register voters than at the bankruptcy court, the bus stops, and the apartment buildings? We could start anytime; the day after Thanksgiving would be good.

I'm not just for class war; I'm for winning it. The Internet is a valuable organizing tool, but so is Kinko's. Let's not only protect Net Neutrality, but also remember why we're doing it.


by stevehigh on Tue Nov 21, 2006 at 02:06:44 PM EST

Re: (3.00 / 4)

One of my favorite things about Senator-elect Jim Webb is that he's such a rockin' writer.  Virginians agree, given the backlash from Allen's attacks on Webb's novels.  Thanks for sharing Webb's op-ed, Matt.  It was the most well-crafted op-ed I've read in a long time.


by Laurin from SC on Tue Nov 21, 2006 at 02:20:34 PM EST

"The Commons" as an Underlying Theme (3.00 / 3)

Good and interesting analysis Matt. In terms of the political (and potentially substantive) details, Rothschild does now seem like a key player worth watching very closely.

I think you summarized a very broad and important set of fundamentally related issues when you said:

The trend of moving against unfair economic practices and the inequitable power relationships they spring from is real.  And it was the backbone of last cycle's net neutrality fight, which is about the public's desire to treat the internet as the commons it is presumed to be.  The ideal solution for business and political elites would be to recognize this new force in American society and alter their practices to accommodate it.

 
As I said in comments yesterday, I think a new book by Peter Barnes called "Capitalism 3.0: Reclaiming the Commons" (which I'm reading now) provides a conceptual foundation and high-level roadmap for practical solutions at a broad and systemic level of effect.  For example, it would apply to a wide range of key issues, including Net Neutrality/Muni-Broadband [i.e., the future of the Internet]; global warming and other environmental issues; healthcare; education; economic fairness; globalization; copyright and others.
http://www.amazon.com/Capitalism-3-0-Rec laiming-Commons-Currents/dp/1576753611
A Creative Commons pdf is available free online at:
http://onthecommons.org/files/Capitalism _3.0_Peter_Barnes.pdf

The book lays out key structural (e.g., property-ownership) changes that promise to greatly reduce our dependence on piecemeal regulatory approaches and other "band-aids" aimed at addressing the systemic imbalances and problems of the modern capitalist system.  For example, Barne's says that "If money circulates too unequally, the new code will alter the circulation, not be redistributing income, but by predistributing property."  It will make similar adjustments when there's too much corporate distortion of culture, communities or democracy itself."

Your comment about Webb's "stunningly populist" Op-Ed piece reminded me of some of the things Wes Clark said during his 2004 primary campaign. Listening to Clark, Webb and other vets (especially lifers), you get a strong sense of the military as a community, or even a large extended family, albeit one that exists within a fairly rigid hierarchy.  In key respects, people in the military experience the power and value of cooperation and "preserving the commons" (whether applied to their specific unit, the military as a whole, or the country they're trying to defend).

In a different but significant way, Tester--as an organic farmer in state full of awe-inspiring and sustenance-giving nature--is another new Senator who probably has a strong sense of the value of protecting the Commons.  

I can't help but think that these two Senators (maybe throw in Brown on labor, trade and economic fairness issues?) could and should emerge as advocates of a systemic "upgrade" of our economic and political system.  By using a "commons-based" argument to clarify an updated definition of "progressive", these two Senators can help drive new political understanding and policies, and accelerate the political realignment that seems to be underway in their states and regions.

How that could play out in terms of inside-baseball dynamics is well beyond my political-analysis pay grade.  But it makes sense to me in theory, and also at a gut level when I hear Webb and Tester speak.


by mitchipd on Tue Nov 21, 2006 at 02:53:42 PM EST

Oh well... (none / 0)

...I guess the fun ride for accountants is over...  Man, it was good to be an accountant, thanks to Sarbanes-Oxely... big salaries... huge demand for labor...  sigh  Well, it was fun while it lasted...  now accountants can be put back in their place as the geeks no one likes...  :-(

I am glad that I never finished those accounting courses I was taking to get my CPA.  It seems that I have already wasted enough time and money on those with the accouting job machine now crashing and burning.

It keeps getting harder and harder for the middle class, doesn't it?  Thanks for taking away good American jobs, Chuckie!  

Mike


by lordmikethegreat on Tue Nov 21, 2006 at 03:01:14 PM EST

Re: On Net Neutrality and This Next Congress (3.00 / 1)

For what it is worth, I got an e-mail from Carl Levin saying that he supports net neutrality.  If I recollect his postion from before, it was I have no position.  


Follow the money
by dkmich on Tue Nov 21, 2006 at 04:59:16 PM EST

Re: On Net Neutrality and This Next Congress (3.00 / 1)

Even if net neutrality is "resolved" the computing and software industry is still so far ahead of the government in it's Satanic thoughts and business practices that any "legislation" will be a total non-response to a societal problem.


by Lasthorseman on Tue Nov 21, 2006 at 06:12:21 PM EST

Net Neutrality is beyond partisanship (3.00 / 1)

Let's not forget the MASSIVE coalition of supporters that have rallied around this issue.  Christian conservative groups, the NRA, and other traditionally conservative groups are on our side of this issue.  If not on the merits of the issue itself, this alone warrants that the Democrats should place themselves front and center in support of this issue.  It is one of those rare opportunities to make people reconsider their partisan affiliation.  If the ardent supporters of net neutrality on the right see how the Dems deliver for this issue, there's less of a chance that those right wingers will reflexively attack or dismiss the Democrats the next time the right-wing noise maching ratches up knee-jerk attacks against them.

In my opinion, net neutrality and election reform are the two major bi-partisan issues that are just waiting for one party to get behind in a big way and reap the electoral benefits.


by beedee on Tue Nov 21, 2006 at 08:24:29 PM EST

Re: On Net Neutrality and This Next Congress (none / 0)

Kevin Drum had a good post on this.

The conclusion?

But I think [Clay] Risen makes a sensible point: Sarbanes-Oxley may need some tweaking, but it isn't the bogeyman that conservatives seem to think it is. Likewise, putting a freeze on trade deals isn't the panacea some liberals seem to think that is. Centrism may sometimes seem like nothing more than a tic, but in this case it makes a lot of sense.


by MNPundit on Tue Nov 21, 2006 at 08:49:07 PM EST

Re: On Net Neutrality and This Next Congress (none / 0)

I'm in agreement with Steve M.  Small cap companies are being hurt by the strictures of Sarbanes Oxley, with little upside for investors.  It's a windfall for accounting firms and is spawning a lot of going-private activity, which takes the opportunity to own growth equities out of the hands of ordinary investors.  The costs of SOX compliance is also putting American companies at a competitive disadvantage with respect to their international peers.  A lot of lessons have been learned since SOX was passed, and I trust a Democrat-controlled Congress to improve upon the bill in a way that makes sense for investors and the folks running our public companies.


by David Stanton on Tue Nov 21, 2006 at 08:57:31 PM EST

Re: On Net Neutrality and This Next Congress (none / 0)

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