Paul Kapustka's Blog

I'm not in D.C., but thanks to the excellent live audio link, I was able to "participate" as a guest during today's F2C: Freedom to Connect proceedings. (There is also a back-channel chat room that had some decent discussion/dialogue, but it was also subject to a lot of "dude!" posts so beware if you wander onto it Tuesday.)

The Powell "quotes" here are subject to the distortion field of being webcast, but I take pretty good notes. (If anyone who was present can correct/clarify, please do so in comments.)

The background on Powell's Internet Freedoms nuance is that in February of 2004, the former chairman publicly stated the four tenets that are at the base of the current network neutrality debate. While the freedoms were never codified during Powell's tenure, Martin did give them a bit of backhanded support when he made them part of an official statement last summer.

In a blog post from last year, F2C host David Isenberg pointed out the subtle differences, which Powell referred to Monday when asked about the freedoms and the FCC.

"I don't like their switch at the end," Powell said, in what may be his first public comments about the matter. (He did say earlier this year that he thought, overall, that network neutrality was doin' fine.)

"All of a sudden, there's a footnote?" Powell continued. "It sounds innocuous, but I know what the meaning of [the footnotes is]. It's not constructive."

In other words, Martin has taken Powell's idea and rendered it impotent with a few extra words, especially the "All of these principles are subject to reasonable network management" line. As Susan Crawford calls it, it makes Internet Freedoms into faith-based policymaking.

On whether or not network neutrality should be mandated by law, Powell cautioned the F2C audience -- mainly people on the side of network neutrality -- about dealing with Congress.

"The legislative process does not work well," Powell said, when Congress has a "weak understanding" of the base issues. As it stands, Powell said that pretty much most of Congress couldn't tell you what the 7-layer stack is. "There's a very shallow current understanding [of technology]" in Congress, said Powell, who claimed that he "could count on my two hands who they [tech-savvy lawmakers] might be."

Powell also said that tech-heads should "be careful" about competing with the telcos in lobbying and legislative fights. "You're playing their game," Powell said. "Regulatory battles are an art form, and these guys are maestros."

Instead, Powell suggested finding technical ways around the problem, perhaps starting new networks that might find private funding, because, he said, the government is not going to "be the cavalry" and build new networks.

Good advice, but does anyone else feel a little burned -- like, NOW he tells us?