"Creating a two-tiered system could have a chilling effect on small mom and pop businesses that can't afford the priority lane, leaving these smaller businesses no hope of competing against the Wal-Marts of the world," said Wyden. "Neutrality in technology enables small businesses to thrive on the Internet, and allows folks to start small and dream big, and that's what I want to protect with this legislation."
Specifically, the Wyden bill would ensure the network operators treat Internet content equally by:
- Not interfering with, blocking, degrading, altering, modifying or changing traffic on the Internet;
- Not being allowed to create a priority lane where content providers can buy quicker access to customers, while those who do not pay the fee are left in the slow lane;
- Allowing consumers to choose which devices they use to connect to the Internet while they are on the net;
- Ensuring that consumers have non-discriminatory access and service; and
- Having a transparent system in which consumers, Internet content, and applications companies have access to the rates, terms, and conditions for Internet service.
The legislation additionally provides for a complaint-filing process before the Federal Communications Commission (FCC), in which an aggrieved party can file a written complaint. If the FCC accepts the complaint, the burden of proof is on the network operator to show it did not violate the law. The FCC must reach a decision in 90 days. The penalties are the same as those in the Communications Act, and the potential fines are stiff enough to encourage compliance.
"It's wrong to create an information superhighway that's strewn with discriminatory hurdles," said Wyden. "Today, I have introduced legislation to stop the powerful interests who control access to the Internet from picking winners and losers on the Internet. This bill is for consumers, innovators and small businesses -- it's all about equal access for everyone: the same access, the same content, for the same price."
Wyden is one of Congress' advocates of fairness and pro-consumer policies governing Internet usage. He is the original co-author of the Internet Tax Nondiscrimination law as well as other laws protecting against spyware and spam.
Also see Red Herring's article US Move to Stop Web Tolls.