FCC Playing the Wrong Tune: New Opposition to Net Neutrality

Federal Communications Commission (FCC) Chairman Julius Genachowski is facing fresh opposition in his push for controversial “net neutrality” rules, it emerged Monday.

The Songwriters Guild of America (SGA) announced that its President, Rick Carnes, and well-known songwriters Phil Galdston and Gordon Chambers, had recently testified before the New York City Council in opposition to a resolution expressing support for net neutrality. The trio, each prominent figures within the arts community, are concerned that net neutrality rules would do little combat online music piracy.

According to an SGA release, “Net Neutrality rules… would restrain Internet service providers from fighting illegal file sharing on their networks.” Furthermore, according to the release, “70% of the volume of traffic on broadband networks is Peer to Peer (P2P) file sharing, generated by 5% of network users. An astonishing 90% of such traffic represents stealing of copyrighted works.” The SGA blames such file sharing for noteworthy declines in the songwriting industry, citing Bureau of Labor Statistics data as well as anecdotal evidence obtained by Carnes himself. According to Carnes, “Every major music publisher tells me they have laid off at least half, and sometimes all, of their songwriters.”

Meanwhile, Chambers is charging that the net neutrality rules, if implemented, would offer what he calls “looters” “permanent protection.” Galdston has hit out equally hard against the policy, saying that “The FCC is proposing to enshrine forever rules governing the Internet that are responsible for this devastation to the songwriter community. While these rules require that all lawful uses be treated ‘in a non-discriminatory manner,’ they ignore whether or not the usage is unlawful. The result is the property created and owned by songwriters like me is discriminated against. This is anything but neutral.”

The topic is a particularly hot one in New York, given the city’s close connections with songwriting and the arts, more generally. However, it will also hearten opponents of net neutrality in Washington, D.C., who are cognizant of connections between members of the arts community and the Democratic Party. According to OpenSecrets.org, the TV/Movies/Music industry gave almost $38 million (or about 78 percent of total funds donated) to Democrats in 2008.

Many liberal Democrats, including President Obama, remain vocal champions of net neutrality. As a candidate, Obama said he would “take a back seat to no one” in his commitment to the proposed policy.

However, in the wake of multiple liberal-leaning groups, including many representing minorities, 72 House Democrats, and several Democratic governors urging caution or expressing outright opposition to net neutrality, observers say that the administration may be beginning to quietly move away from its previous strong support, or at the very least, removing from its ranks vocal proponents of the policy.