Hearing of the Telecommunications and the Internet Subcommittee of the House Energy and Commerce Committee - H.R. 5353, The Internet Freedom Preservation Act of 2008

Interview

Date: May 6, 2008
Location: Washington, DC
Issues: Energy


Hearing of the Telecommunications and the Internet Subcommittee of the House Energy and Commerce Committee - H.R. 5353, The Internet Freedom Preservation Act of 2008

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REP. MIKE FERGUSON (R-NJ): Thank you, Mr. Chairman. Thank you and Mr. Stearns for holding this hearing on the Internet Freedom Preservation Act.

Welcome to our witnesses, many of whom are well known to us. This panel represents a real strong cross-section of interests in the industry, and we look forward to hearing the various perspectives.

Any time the subject of net neutrality comes up, I can't help but think of a few years back in a hearing of this committee as well. And, with all due respect to my friend Mr. Doyle, I have a different view of his characterization of the last couple of years.

At the time, witnesses were asked -- we went right down the row. Everyone was asked if they could define net neutrality, and everybody had a different answer to that question. To a person, nobody could provide a clear and definitive answer for the subcommittee. And in the years since then, instead of really trying to truly define net neutrality and determining whether and how any problem might actually exist, advocates have attempted to broaden the scope of this term and have started using these hot-button tag lines that would probably make any PR firm proud. Unfortunately, throughout the process, some Internet services providers, focused on consumer satisfaction, have been scapegoated, not only by interest groups but by the FCC, which seems determined to pursue regulation in lieu of private sector solutions.

Responsible network management, necessary on shared networks to ensure the flow of Internet traffic, has been opportunistically mischaracterized as calculated ISP interference. And now, with unprecedented broadband investment, industry innovation and consumer consumption, we have before us a piece of legislation that -- it's an attempt to expand the potential of broadband that can actually stifle deployment. Ignoring a healthy broadband market, this legislation exacts a prescription that's simply not needed, and the side effects could be crippling to innovation and to investment and, ultimately, to the services provided to our constituents.

In the face of undeniable free market growth, this committee should refrain from inserting the hand of government into the equation. But, looking at the draft of this legislation, it seems it attempts to go in precisely the opposite direction. Many of its principles effectively constitute a dangerously overbroad legislative dragnet that can frankly do much more harm than good. It's my recommendation that before legislating in this area the committee carefully consider the consequences of imposing a government solution where frankly it's unwarranted.

Finally, I'd like to touch on the problem of Internet piracy, which goes hand in hand with many of the network problems and that providers are responsibly trying to solve.

I know, Mr. Chairman, you reference having an aquarium of red herrings. This is not a red herring. This is a very serious problem. And the problems of piracy are being felt in a very direct and a very substantial way by a major segment of our economy.

Internet piracy has devastated America's creative industries and it's adversely affected economic growth in the process. Incidentally, most of the congestion that piracy causes results from the same peer- to-peer downloads that have made the job of network operators so difficult. I encourage the content industries and the ISPs to continue to work together in the private sector to reduce and eliminate the availability of illegal content, or unlawful content, that confuses consumers, attracts viruses and ultimately hurts an important growth engine of our economy.

Thank you again, Mr. Chairman, for this hearing. I look forward to hearing from our witnesses.

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