Executive Session

Floor Speech

Date: May 16, 2018
Location: Washington, DC

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Mr. MARKEY. Mr. President, today is a monumental day. Today is the day the U.S. Senate votes on the future of the internet, the most powerful platform for commerce and communications in the history of the planet. Today, we show the American people who sides with them and who sides with the powerful special interests and corporate donors who are thriving under this administration.

Today, we vote on my Congressional Review Act resolution to save net neutrality. Net neutrality may sound complicated, but it is actually very simple. After you pay your monthly internet bill, you should be able to access all content on the web at the same speed--no slowing down certain websites, no blocking websites, and no charging you more to exercise your 21st century right to access the internet. It is as simple as that.

If that sounds like common sense, you are not alone. In fact, according to a recent poll, 86 percent of Americans support net neutrality. This isn't a partisan issue; 82 percent of Republicans support net neutrality.

Every day, we are told that this country is more divided than ever, that our differences outnumber our similarities. Well, the American people agree on net neutrality. They agree that the internet is for everyone. They agree that we cannot afford to blindly trust a few internet service providers--AT&T, Comcast, Verizon, Charter--to put consumers first. Yet, once again, the Trump administration has neglected the will of everyday Americans and given a gift to the rich and the powerful.

In December, the Trump Federal Communications Commission eliminated the very rules that prevent your internet service provider from indiscriminately charging more for internet fast lanes, slowing down websites, blocking websites, and making it harder and maybe even impossible for entrepreneurs, job creators, and small businesses--the lifeblood of the American economy--to connect to the internet.

The Trump Federal Communications Commission picked clear winners and losers when it repealed net neutrality. When the Federal Communications Commission decision takes effect on June 11, Big Telecom will have new tools to inflate profits, but Americans and small businesses that use the internet to do their jobs, communicate with each other, and participate in civic life will be left defenseless.

Don't be fooled by the army of lobbyists marching the Halls of Congress on behalf of the big internet service providers. They say that we don't need these rules because the internet service providers will self-regulate. Blocking, throttling, paid prioritization--these harms are alarmist and hypothetical, they say. Well, that simply is not the case. These practices are very real, and in a world without net neutrality, they may become the new normal. But don't just take my word for it. Let's look at the facts.

In 2007, an Associated Press investigation found that Comcast was blocking or severely slowing down BitTorrent, a website that allowed consumers to share video, music, and video game files. From 2007 to 2009, AT&T forced Apple to block Skype and other competing services from using AT&T's wireless network to encourage users to purchase more voice minutes. In 2011, Verizon blocked Google Wallet to protect a competing service it had a financial stake in developing and promoting.

There is no shortage of evidence that we need clear and enforceable rules of the road so that these discriminatory practices do not become commonplace schemes that consumers and small businesses must suffer through without any options for recourse.

This isn't the first time Congress has had to step in to protect the integrity of the marketplace. In the 1800s, we didn't have the information superhighway. We had railroads. American farmers used trains to deliver their products to consumers, and powerful railroad trusts started charging certain farmers higher rates to move their goods. Congress stepped in and passed the Sherman Antitrust Act to put a stop to this price discrimination.

Today, we have left the steam engine era, and we have moved into the search engine era. Internet service providers are the 21st century trusts controlling the channels of commerce. And in 2018, many American job creators aren't moving alfalfa seeds; they are moving kernels of ideas for the next big app, the next new startup.

Net neutrality is about continuing the American tradition of promoting competition and providing the level economic playing field we need to continue to prosper in this rapidly changing global economy. But net neutrality isn't just an economic issue; it is also central to the health of our democracy.

Over the past several months and years, Americans all over the country from all walks of life have mobilized and marched, fighting for progress and change--Black Lives Matter, the Women's March, the ``me too.'' movement, high school students demanding gun control, teachers calling for fair pay. Today citizens of all walks of life are carrying the torch of American activism, and they are doing it online.

In 2018, this is how the American people are organizing. This is how the American people are doing the indispensable work of an active citizenry. This is how the American people are speaking truth to power.

Asking individuals to pay extra to speak out for what they believe in, allowing companies to stifle or even block access to certain ideas--that isn't who we are as a country. It isn't consistent with the values of nondiscrimination. Net neutrality is the free speech issue of our time, and the well-being of our precious democracy depends on the public having equal, unfettered access to the internet.

Today, the U.S. Senate will show its true colors. It will either heed the calls of thousands of small businesses that have written in support of this Congressional Review Act resolution and the millions of Americans who have sent letters, posted tweets, and made calls defending net neutrality or the Senate will give another present to the rich and the powerful.

The Senate will either follow the example of Governors, State legislators, and attorneys general all over the country who are fighting to save the internet as we know it or it will let President Trump, once again, break his campaign promise of putting average Americans ahead of swampy special interests. It will either stand up for the principles that have allowed the U.S. internet economy to become the envy of the world or it will make another unforced error that threatens our long-term competitiveness.

I urge my colleagues to make the decision our constituents--with one voice--overwhelmingly are asking us to make. I urge my colleagues to vote yes on this Congressional Review Act resolution to restore net neutrality, to restore the principle of nondiscrimination, to restore the protections for small startups, for individuals in our country so that they cannot be discriminated against online.

This is net neutrality day here on the floor of the U.S. Senate. Today is the day of reckoning, when the Trump Federal Communications Commission is going to have their act judged by the U.S. Senate. My hope is that before the end of this day, the Senate will vote to overturn the Trump FCC and restore net neutrality, restore the principle of nondiscrimination, restore the principle of equality, restore the principle that small software and internet startups are given the same protections that the biggest companies in our country are provided.

Today is the day. Net neutrality is the vote that will determine whether we are going to give those protections to every American.

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Mr. MARKEY. Will the Senator yield?

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Mr. MARKEY. I thank the Senator.

Mr. President, I wanted to follow up on that very important point that the Senator was making, which is that these big companies are all saying: You don't have to worry because we don't have any intention of discriminating.

Then we say: Well, that is what net neutrality says, that you should not discriminate, that you should treat everybody equally.

Then they turn around and say: Oh, you can trust us, but take the rules off the books that we say that we agree with and that we are going to abide by.

From my perspective, they are trying to have it both ways, but the way they really want to have it is with no rules at all. Then, they will be free to go back to displaying conduct which we know, in the past, they have engaged in.

Does the Senator agree with that assessment?

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Mr. MARKEY. Mr. President, I thank the Senator because, I think, that is what he identified 12 years ago when he introduced a net neutrality bill here in the Senate and what I had identified over in the House. We worked together on it at that time, and the need just continues, especially as we get deeper and deeper into this internet era. It is almost like oxygen for somebody now, especially for young people, young entrepreneurs. They need to know that they can gain access to the web in order to start up their new software or internet companies, but they shouldn't have to first raise money to pay exorbitant fees to the big broadband companies. First, they should be free to innovate and not worry that they be can be discriminated against.

Whether it is in Portland, OR, or in Springfield, MA, it is the same principle for which we have been trying to stand up for all of these years. It was the law until December of 2017, when Ajit Pai and the Trump FCC took it off the books. That is what the debate is about today: Are we going to put those rules, those nondiscriminatory rules, back on the books?

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Mr. MARKEY. Mr. President, by the way, whether it is Burns or the Berkshires, there are rural parts in every State. We have them, as well, in Massachusetts. They have the same right of access to a free, unfettered internet as do the people who live in Cambridge, MA, or in Portland, OR. The rural parts in every State are entitled to it. The rural businesses, the farmers should all be able to rely upon--have a guarantee--its being free, open, and that they are not going to be discriminated against.

That is why I wanted to get up and thank the Senator for his historic leadership on this issue. He was there at the dawn of this whole era, and he continues to ensure that the internet is infused with the values that, I think, our Nation wants to have reflected.

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Mr. MARKEY. Mr. President,
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Mr. MARKEY. Mr. President, as we conclude this part of the debate, I will just take note of the fact that the American Association of Retired People today has come out in favor of the open internet order, which is the restoring of net neutrality principles, which follows on what the former head of the Gray Panthers, the Senator from the State of Oregon, Mr. Wyden, raised today--the need to ensure that everyone gets the full protection of net neutrality rules.

The votes we are about to cast are nothing short of the most consequential votes on the internet in the history of this body. We will take the important step to reaffirm the principles of nondiscrimination online or we will allow a few companies to control how we access the internet. We will stand up for the small app developer with a bright idea to change the world or we give another gift to the powerful corporate interests and their lobbyists in the District of Columbia. We will take a stand to protect our online economy or we will say goodbye to the internet as we know it.

In 2018, essentially every company is an internet company. In my State of Massachusetts and in every other State, tech underpins the economy of the United States today. In 2017, almost half of all venture capital in the United States was invested into internet and software startups. That is over $34 billion.

This is working. This is capitalism at its best. This is small business being able to receive the capital it needs in order to start new companies in our country. Small businesses are the ones that hire new people who do innovation. That is what the venture capital industry is indicating by pouring money into these smaller companies under a regime of net neutrality.

So we found the secret recipe. When we take a democratized platform, with endless opportunity for communication, and add American ingenuity, the result is economic growth and innovation. What we are doing is working. With net neutrality protections in place, there is no problem that needs fixing.

This fight began when Senator Wyden and I introduced net neutrality as legislation back more than a decade ago. I introduced it, Senator Wyden introduced it, because we knew then the internet was the most powerful and pervasive platform in the history of the world. Since then, the importance of the internet has skyrocketed, and the movement to protect it has followed suit. Millions of Americans are raising their voices for net neutrality because they know the power of the internet. They know it can categorize staggering commercial growth, they know it can create endless connections, and they know it can change the course of civilization in fractions of a second.

A vote against net neutrality is a vote to change the fundamental character of the internet. A vote for net neutrality is a vote for America's future. I urge each and every one of my colleagues to vote yes on this resolution.

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