Thursday, November 9, 2006

Ensuring An Open, Dynamic Internet

The following guest entry was written by Ed Black, president of the Computer and Communications Industry Association. A portion of his remarks were included in a story in today's Technology Daily.

Less than a decade ago there seemed to be a strong and broad consensus that preserving the open, dynamic, and innovative Internet world was a central priority.

The Supreme Court tossed out the Communications Decency Act on a 9-0 vote and Netizens of all stripes cheered. Congress banned Internet-only taxes, the FCC declined to extend the access charge regime to the Internet, and attempts to turn the world's most important technology into a walled-in, over-policed corner of the world failed. Many understood that some minimal regulation would be necessary, but a light touch that still preserved basic openness and freedom was the hope.

We have seen the united front behind that approach dissolve as narrow parochial interests seek intrusive regulatory solutions. Whether the rationale was terrorism, pornography, piracy, or gambling, ever-increasing regulation of transactions and applications is corroding the promise of the Web. We are "changing the diet of the goose that lays the golden eggs."

Law enforcement is over-assertive. Big Content overreaches with its attempts to expand copyright and patent law. Anyone and everyone with a gripe about what their kids do on the Net wants the Nanny State to guarantee a pristine Internet. Too many Members of Congress are yielding to the temptation to make lots of people liable when undesirable things happen. They seem unaware of the drag that litigation and an overly regulatory approach can impose on legitimate players and the future of innovation.

I urge my industry colleagues to unite with Internet users and reassert the earlier consensus in the 110th Congress.