The FCC should proceed with caution in conducting its inquiry into Open Internet rules, according to comments filed by the Information Technology and Innovation Foundation today. All the evidence suggests that the Internet is thriving: network operators are investing and new applications, devices, services, and content are emerging at a dizzying rate. While there is a need to clarify the confused state of Internet regulation in the United States, there’s no compelling public interest for the FCC to adopt a stringent new regulatory framework. The Commission would do well to follow the example of fellow regulators in Canada and Europe who have recently concluded that the most sensible course for national regulators is to emphasize disclosure of terms of service and oversight of business and technical practices.

ITIF rejects the argument that the FCC lacks jurisdiction to regulate the Internet, but urges the Commission to carefully consider the evidence before enacting new regulations on Internet access services. The Internet is a complex “virtual network” designed to serve a variety of needs, and as such it does not readily lend itself to traditional telecom regulatory models. The Internet requires regulators to take a fresh approach. The first step for the Commission is to conduct a fair and probing analysis about how the Internet works today.

ITIF applauds the Commission for committing to an open process and feels that careful examination will lead to the conclusion that the Internet is fundamentally healthy.

The big issues here are that we’re not done with network engineering, nor are we done with developing the business models that make the most of network investments. So the companies who develop the insides of the Internet need to continue cooperating with the people who develop the outsides. The Verizon/Google, Comcast/BitTorrent and AT&T/Apple partnerships are instructive.

net neutrality, FCC, Open Internet

And more recently, I took part in a series of presentations and a general discussion about openness on the wireless Internet. One of the other presenters was one of the Pirate Party’s Members of the European Parliament, and others were the top strategic thinkers and managers from TeliaSonera and Huchison Whampoa Europe. This event followed on the passage of the EU Telecoms Package that wisely added a disclosure rule to the European Common Law and just as wisely refrained from adding an anti-discrimination rule. Did you know that Huchison offers a 3G-only phone with Skype pre-installed? They do, and it took them a lot of work to get Skype to run successfully on it.

A year ago, I would have said that Europe was trailing the US on the regulatory front, but today it certainly appears they’re on a more sensible course than we are in many respects. It’s important for a regulator to be humble and not approach his task with too much enthusiasm and creativity. These are fine traits in an entrepreneur, but in the hands of government can lead to grief. It’s best that we each remember our respective roles, in other words. It’s in the nature of technology to change, and regulations that are too prescriptive alter the natural order of things.

The approach to Internet regulation that focuses exclusively on the rights of consumers and the responsibilities of carriers belies the fact that the Internet invests substantial network control at the intelligent edge; the Internet gives each of us the power to be a producer as well as a consumer, and with that power comes responsibility. We can innovate without permission, but we all have to behave responsibly. It goes without saying that open access networks are desirable, so the real test of the FCC’s rulemaking will come from its assessment of both user behavior and operator management practices. We have every confidence that the Commission will undertake a serious, rigorous and fact-based rule making. The Internet enables innovation to the extent that carriers provide robust and reliable transport services to applications; if this capability is preserved and enhanced by a sensible network management framework, innovation will win.

“I think the idea of a Twitter revolution is very suspect,” says Gaurav Mishra, co-founder of 20:20 WebTech, a company that analyzes the effects of social media. “The amount of people who use these tools in Iran is very small and could not support protests that size.”

Their assessment is that people are organizing the old-fashioned way, by word-of-mouth and SMS. Ancient technology, that SMS. But it is a great story, either way.