Potential Public Safety Issues with the FCC’s Proposed Network Neutrality Rules

Is network neutrality a public-safety issue? The answer is yes, according to Catherine Sandoval, a commissioner with the California Public Utilities Commission, who spoke out at a recent network neutrality public forum in Sacramento, California. The forum was hosted by Representative Doris Matsui, and featured FCC commissioners Jessica Rosenworcel and Mignon Clyburn. Multichannel News, Fox40 News, and The National Journal all reported recaps of the event. At the forum, Rosenworcel stated that the public safety aspect of network neutrality was not talked enough about in Washington, reports Multichannel News.

The recent network neutrality debate has spurred widespread discussion since January 2014, when the U.S. Court of Appeals for the District of Columbia stripped the FCC of its power to enforce network neutrality protections under the regulatory framework it was using (holding that the classification of broadband carriers as “information services” as defined in the 1996 Telecommunications Act contradicted a previous FCC decision that put broadband companies beyond its regulatory reach). Read the full case here.  Read a Washington Post report on the case here.

If the FCC reclassifies Internet carriage as a “telecommunications service,” online communications would automatically be subject to common carrier protections.  Instead, the FCC has proposed a rule allowing companies to pay for access to a fast lane to deliver content to their customers.  So how does this proposed rule effect public safety?

According to Catherine Sandoval, allowing paid prioritization of Internet traffic could hurt critical systems such as 911 call centers and water pumps, reports The National Journal. Not only that, according to the Multichannel report, Ms. Sandoval went on to warn that other critical systems could be negatively impacted, citing nuclear power plants and critical care smart beds for stroke patients.

How does net neutrality effect these systems which have broad public safety implications?  According to the Fox40 News Report, Ms. Sandoval explained at the forum that the free and open use of the internet has allowed utilities to develop programs and apps to monitor and control energy use, and that “subjecting internet access to negotiations and slowdowns to minimum speeds can make pumps fail to open so they don’t provide water for cooling a power plant or water to fight a fire.” The Multichannel report then goes on to explain that the minimum broadband speeds available for the non-paying ISP clients would not provide the quality of broadband service required by these critical systems.  However, the National Journal reports that many skeptics of net-neutrality rules point to public safety as a reason that Internet providers should be given flexibility to prioritize some services.

For a fuller recap of the net neutrality public forum, here are links to the articles by Multichannel News, Fox40 News, and the National Journal.  Click here to access a Washington Post article discussing the broader implications of the proposed FCC rule, including whether it this type of internet regulation should be controlled by the FTC or the FCC.

 

 

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Professor William Snyder

Professor William C. Snyderis a member of the faculty of the Institute for National Security and Counter-terrorism at Syracuse University after fifteen years with the United States Department of Justice.

Ryan D. White

Ryan D. WhiteRyan is currently a third year law student at Syracuse University College of Law, and is also pursuing a Master of Public Administration degree from Syracuse’s Maxwell School of Citizenship and Public Affairs. Ryan spent time with Homeland Security Investigations while pursuing his undergraduate degree at Wesleyan University, and spent his first summer of law school as clerk for the U.S. Attorney’s Office in the Western District of New York. He is a member of Syracuse Law Review, the Journal on Terrorism and Security Analysis, and participates in the Veteran’s Legal Clinic. Full biography

Shelby E. Mann

Ryan D. WhiteShelby is a second year law student at the Syracuse University College of Law. She is the 2018-9 Editor in Chief of the Syracuse Law Review, as well as a member of the Journal on Terrorism and Security Analysis, and the senior editor for the Syrian Accountability Project. During her final year at the University of Missouri, she served as a full-time news producer for ABC 17 News. Shelby spent her first summer of law school at the Shelby County District Attorney General's Office in Memphis, Tenn., in the Public Corruption and Economic Crimes Unit. Full biography

Christopher w. FolkChristopher W. Folk

is a 2017 graduate of SU College of Law. A non-traditional student, Christopher returned to academia after spending nearly twenty years in the high tech industry. Christopher served in the Marine Corps, graduated from Cornell University with a B.S. In Applied Economics and Business Management, attended Northeastern University’s High-Tech MBA Program and received a M.S. In Computer Information Systems. Christopher previously worked in Software Engineering. Christopher is currently serving his second term as Town Justice for the Town of Waterloo. Christopher externed with a Cybersecurity firm in the Washington, D.C. area between his first and second year at SU College of Law. Full biography

Anna Maria Castillo

Anna Maria Castillois 2016 graduate of Syracuse College of Law. She also holds a Master of Arts in International Relations from Syracuse University's Maxwell School of Citizenship and Public Affairs. She has interned at a London-based think-tank that specializes in transnational terrorism and global security and at the legal department of a defense contractor. She served as an executive editor in the Syracuse Law Review. Full biography

Jennifer A. CamilloJennifer A. Camillo

is a 2015 graduate of Syracuse College of Law and is a prosecutor. She has served as a law clerk in the United States Attorney’s Office for the Northern District of New York and the Cayuga County District Attorney’s Office and as an extern in the Oneida County District Attorney’s Office. She was a member of the Syracuse National Trial Team and was awarded the Tiffany Cup by the New York Bar Association for her trial advocacy achievements.

Tara J. PistoreseTara J. Pistorese

holds Juris Doctor and Masters of Public Administration degrees from Syracuse University's Maxwell School of Citizenship and Public Affairs and its College of Law. She wrote for this blog when a student. She is now a member of the U.S. Army Judge Advocate General's Corps.

Benjamin Zaiser

is both a scholar and a Federal Agent of the Federal Criminal Police Office of Germany. (Opinions expressed here are his own and not any part of official duty.) Full biography

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