Ars technica, May 6, 2008
By Nate Anderson

Sen. Ron Wyden (D-OR) stepped in front of a group of tech executives in Washington this morning to deliver a caffeinated and surprisingly sharp defense of network neutrality. Pledging to use "every ounce of my energy to protect network neutrality," Wyden had a message for ISPs who might be pondering new charges for various forms of access: "think twice." If ISPs start down that road, they might soon find that they lose key legal protections including "safe harbors" and tax freedom.

Wyden delivered his ultimatum at a Computer & Communications Industry Association conference in DC, where he cast the entire network neutrality debate in terms of a legislative compromise. Years ago, Congress began protecting ISPs from the twin threats of regulation and taxation; in return, ISPs were expected to deliver an unimpeded connection to the Internet. A move away from a neutral 'Net would undermine the "very philosophical underpinnings of what we fought for for the last 15 years," according to Wyden. If that happens, he sees no reason for Congress to continue sheltering ISPs.

The two specific pieces of legislation encompassed by this threat are the Communications Decency Act and the Internet Tax Freedom Act. While much of the CDA was tossed out by a federal judge on the grounds that it unconstitutionally limited free speech, section 230 of the act survived. 230 provided a safe harbor to ISPs and web sites, exempting them from liability for content posted to or through them, a provision that benefits Ars and every other website that allows user-generated content and comments. The law saved ISPs "vast sums," according to Wyden.

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