Update: FCC hearing weighs net neutrality

Advocates on both sides of the net neutrality debate descended on Harvard Law School Monday for a U.S. FCC hearing that multiple speakers suggested was crucial to the Internet's future.

Members of the FCC, along with industry representatives, legal scholars, and pro-neutrality advocates spoke at the hearing, which drew an overflow crowd.

"The Internet is as much mine and yours as it is AT&T's and Comcast's," said Rep. Edward Markey, a Democrat from Massachusetts.

Markey has filed a bill along with Rep.Charles Pickering, a Republican from Mississippi, in support of net neutrality, the idea that network providers shouldn't discriminate against Web sites or various types of traffic. The FCC is investigating complaints that Comcast has interfered with p-to-p (peer-to-peer) traffic associated with file-sharing sites.

"Network operators are making choices right now that will determine how Americans communicate, now and in the future," said FCC Commissioner Michael J. Copps. "I am not saying that any or all of these practices are unlawful. I am saying that choices like these, when you add them all together, are going to determine what kind of Internet we have in the future."

Other FCC members echoed Copps.

"Respect for the free flow of information was bred into our country from its founding," said Commissioner Jonathan S. Adelstein. "We must preserve the open and neutral character of the Internet, which has been its hallmark from the very beginning. It is clear consumers don't want the Internet to be a another version of old media dominated by a number of giants."

Gilles BianRosa, CEO of Vuze, a video service that uses P-to-P technology, said that while his company competes with Comcast in the delivery of content, the latter company holds an unfair advantage. "What we have here is a horse race, and Comcast owns the racetrack. I agree the market should decide which services win ... but there is no market without basic ground rules and transparency. ... We believe corporate assurances of good faith are not enough."

Marvin Ammori, chief counsel for Free Press, an advocacy group backing the net neutrality effort, also described Monday's discussion in sweeping terms.

"This hearing is not about technical details of managing networks, it's about the future of online TV and the Internet," Ammori said. "By targeting p-to-p, Comcast is disrupting investment and innovation in its online competition."

But David Cohen, executive vice president of Comcast, was as vigorous in defending his company's practices as its critics were in lambasting it.

"Comcast does not block any Web site, application, or protocol, including p-to-p. Period," he said.

The company only "manages" protocols such as p-to-p during limited periods of heavy traffic; does so in limited geographic areas; only manages uploads, not downloads; and merely delays, not totally blocks requests for uploads, he said.