October 23, 2009

The public conversation about the role of Internet Service Providers (ISPs) in addressing illegal uploading and downloading of copyrighted works online is getting louder.  

Thursday marked the formal beginning of a rulemaking proceeding that considers the expansion and formal codification of guiding principles applying to the government’s enforcement of communications law online (http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293567A1.pdf).  The proposed rules build upon an earlier speech by Federal Communications Commission (FCC) Chairman Julius Genachowski before the Brookings Institute (http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293568A1.pdf).

The FCC Chairman made the case for a robust Internet economy, declaring:  

We want the Internet to continue flourishing as a platform for innovation and communication, with continued investment and increasing deployment of broadband to all Americans.

On that score, we could not agree more.  Our modern digital era has fostered the development and emergence of enriching, innovative platforms and services. Content providers like the music companies know that the future of our business relies significantly on bringing these services to fruition, in order to deliver our creative products to consumers in easily accessible and affordable ways.

Not to be overlooked in his Brookings speech was the FCC’s re-affirmation that ISPs can utilize policies to curtail the trading of unlawful content. As Chairman Genachowski noted:    

It is vital that illegal conduct be curtailed on the Internet. As I said in my Senate confirmation hearing, open Internet principles apply only to lawful content, services and applications -- not to activities like unlawful distribution of copyrighted works, which has serious economic consequences. The enforcement of copyright and other laws and the obligations of network openness can and must co-exist.

And again in comments introducing the rulemaking proceeding, the Chairman continued to reinforce that important distinction:

Open Internet rules should apply to lawful content, applications, and services.  They are not a shield for copyright infringement, spam, or other violations of the law.  They must honor the protection of users’ privacy.  And they must be consistent with public safety as well as homeland and national security.

That’s a significant marker. No governmental policy should interfere with the ability of an ISP to address the illegal transmission of copyrighted works or other illicit content.  

We’re encouraged by the Chairman’s comments regarding the treatment of illegal content, and along with our partners in the music community we look forward to working with the FCC to evaluate and determine appropriate ways to preserve the highest-quality Internet experience possible while maximizing the ability of the legitimate online entertainment marketplace to achieve its full potential.

Cary Sherman, President, Recording Industry Association of America