Irony: If You Want To Know What The FCC's Rules On Internet Openness Are, You Need To File A FOIA
from the openness-is-a-matter-of-degree dept
We've already talked about how the FCC was going to approve heavily watered down (and written in conjunction with AT&T) "net neutrality" rules today -- which it did. However, one aspect of all this that is particularly ridiculous is the fact that the FCC voted on rules which it has not released, and which it claims may be adjusted before they are released. Considering that these rules are supposed to be about internet openness it seems pretty ironic that the rules are secret. Jeff Jarvis noted this irony in asking if he needed to file a Freedom of Information Act request just to find out what was voted on. He followed it up by filing just such a request that seeks not just the rules, but also details of correspondences and meeting notes leading up to the creation of the rules. We'll see what the FCC comes back with.
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Filed Under: fcc, freedom of information, internet, openness
Companies: fcc
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Ugh.
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FOIA Would not work
There is nothing surprising here. This is not a legislature. This is a commission. And the commission has been negotiating the order up until the last minute. There is no draft order for public review because no such document exists. From one hour to the next hour, the draft is going to change pursuant to negotiations.
The FCC could not release its Decision because up until today, it had not made one. As of the meeting, that's when the decision stops changing - stops getting negotiated - stops being revised.
That is why FCC staff requests "editorial privileges." The negotiation of any order goes up, literally, to the last minute. The staff needs to take that final decision, clean up the grammar, citations, spelling, footnotes, etc in the next day before it is released (they are not changing the order, they are just correcting the copy miztakes I mean mistakes).
One final note - about a month ago Genchowski - while not release the text itself - pretty much outlined publicly the decision at that point - in order for their to be a final month of feedback (and vigorous feedback there was). The FCC tends to be very up front about its process.
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One can hope ...
I'm on a new Camel.
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The founding fathers would roll over in their graves and Jesus would actually become a revolutionary on a white horse with a flaming sword if they had to endure the Christian society we have created.
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Our FOIA of 12/03 for FCC Open Internet Order
Our FOIA is here: http://www.stimulatingbroadband.com/2010/12/to-fcc-staff-leak-net-neutrality.html
That initial proposal was changed to a degree of which the public has been given a fully transparent view. That change happened during the intervening 3 weeks between the Genachowski release and the vote by the full Commission on 12/21.
In response to Fred in this thread: Yes, we know what the rules of FCC say. The point is that the American public has a right to see, study, and understand how important federal policy decisions are made.
This stuff isn't national security related. It should not be a secret. This is a government agency responding to lobbying pressures from a variety of widely divergent corporations, public interest groups, and trade associations. The largest companies in the telecom sector put up the largest lobbying efforts. There is no surprise there. Saying that however does not diminish our right as Americans to access the documents in order to see the process of Order drafting itself.
The Order will have a huge impact on a vibrant sector of the American economy for years to come. We have a full right to understand how and why the Chairman and his colleagues recommended what they did.
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