I admit I'm jaded after spending too much time -- which in my case, is about three years -- in Washington. I've seen too much special interest lobbying, too many soft money favors, and (of course) a veritable slew of unconstitutional legislation. But sometimes a bill comes along that warms my heart. It happened today, when Rep. Rick White (R-Wash) introduced the Internet Protection Act to block the FCC from regulating the Net. (Though I recall it's been watered-down from the one he tried to pass last year: http://www.hotwired.com/netizen/96/40/index1a.html ) Joining White in introducing the bill was the chair of the House Telecom Subcommittee, Billy Tauzin (R-LA). It stresses that industry, not government, should grow the Net. Besides barring the FCC from regulating Internet providers, the bill also amends the Telecommunications Act to let the agency back away from offline regulation if a comparable service exists online. This is important. After all, the FCC's charter gives it jurisdiction over all electronic communications -- though the commission has opted not to exercise its authority in cyberspace. A 1980 FCC directive dubbed "Computer II" said the commission would regulate only "basic" telephone services, not providers of "enhanced services." That marked a reprieve for the Net, for the "enhanced service provider" category includes everything from voice mail service to alarm monitoring firms to Internet providers. (That's why we don't pay per-minute charges to log on today, much to the chagrin of Bell Atlantic's lobbyists -- who tried in 1983 and 1996 to pass such a rule and met with a crushing defeat each time.) Still, White's bill is crucial since future commissioners may not display this laudable regulatory forbearance. Bob Corn-Revere, former FCC chief counsel, echoes this in his recent book called "Rationales & Rationalizations." He says: "The culture of regulation already is marshaling its forces for a multi-faceted assault on Internet freedom." After all, key legislators like Rep. John Dingell (D-Mich) and Rep. Edward Markey (D-Mass) have opposed legislation that would exempt the Net from FCC content regulation. Markey has said the Net should be regulated the same way as other media, and Dingell wants to protect the FCC's ability to "apply local [cable television] franchising requirements to the Internet." Let's not even talk about what the religious right would like to do... "Regardless of ideological differences between liberals and conservatives, however, there really is only one wish -- to control the medium," Corn-Revere concludes. And he's right. -Declan An excerpt from the Internet Protection Act: "LIMITATIONS ON COMMISSION AUTHORITY -- Except as expressly provided in this section, noting in this Act shall be construed to grant authority to the Commission with respect to -- (A) the rates, charges, practices, classifications, facilities, or services for or in connection with the provision of Internet information services to customers; (B) technical specifications or standards for the provision of Internet information services; or (C) any other regulation of the provision of Internet information services" ------------------------- Declan McCullagh Time Inc. The Netly News Network Washington Correspondent http://netlynews.com/