S.2360 Internet Non-Discrimination Act of 2006

(from Sen Wyden press release)

On March 2, 2006, Senator Ron Wyden (D-OR) introduced legislation that would ensure "net neutrality," or equal delivery of content on the Internet, for consumers and business interests. Under Wyden’s bill, the Internet Nondiscrimination Act of 2006, network operators would be prohibited from charging companies for faster delivery of their content to consumers over the internet or favoring certain content over others.

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 Wyden legislation also ensures that network operators can continue to protect subscribers against unwanted spam, spyware, viruses, pornography and other programs. It also ensures that network operators can respond to emergencies and court-ordered law enforcement needs.

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.

Read full text of bill