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I’ve amended my proposed Bill of Rights in Cyberspace thanks to a suggestion in the comments from Jeff Sonderman: All data are created equal. I made that all bits are created equal, which broadens it somewhat and is quite relevant today in the discussion of net neutrality that will explode because of an Appeals Court decision in Washington that told the FCC it did not have jurisdiction to tell Comcast (NASDAQ:CMCSA) to stop discriminating on bits.

Here’s the rub: On the one hand, I do not want government regulation of the internet. On the other hand, I do not want monopoly discrimination against bits on the internet. I see it as a principle that all bits are, indeed, created equal. But how is this enforced when internet service is provided by monopolies? Regulation. But I don’t want regulation. But… That is the vicious cycle of the net neutrality debate.

At a Union Square Ventures event a few years ago, Tom Evslin said that regulation is a temporary necessity until the marketplace and technology open up internet access to competition. In a competitive environment, we won’t tolerate the ISP that hampers our service. Now, we’re stuck.

The other path to fixing this is legislation. But, of course, that is another form of regulation of the internet: a claim of sovereignty by government over the net that I want to avoid.

All this, I believe, is all the more reason to have a set of principles and standards we, the internet nation, can point to, all the more reason to have a Bill of Rights for Cyberspace. Here is mine, amended:

I. We have a right to connect.
II. We have the right to speak.
III. We have the right to assemble.
IV. We have the right to act.
V. We have the right to control our data.
VI. We have the right to control our identity.
VII. What is public is a public good.
VIII. All bits are created equal.
IX. The internet shall be operated openly.

MORE: Dan Gillmor on the decision. The Hill blog has more details.

Source: Amending a Bill of Rights for Cyberspace