H.R. 5994, The Internet Freedom and Nondiscrimination Act of 2008

• This item is from the 110th Congress (2007-2008) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.

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H.R. 5994 would amend the Clayton Act with respect to competitive and nondiscriminatory access to the Internet.

Detailed Summary

Internet Freedom and Nondiscrimination Act of 2008 - Amends the Clayton Act to prohibit any broadband network provider from: (1) failing to provide its services on reasonable and nondiscriminatory terms; (2) refusing to interconnect its facilities with those of another service provider on reasonable and nondiscriminatory terms; (3) blocking, impairing, discriminating against, or interfering with any person's ability to use a broadband network service to access or offer lawful content, applications, or services over the Internet (or imposing an additional charge to avoid such prohibited conduct); (4) prohibiting a user from attaching or using a device on the provider's network that does not physically damage or materially degrade other users' utilization of the network; or (5) failing to clearly and conspicuously disclose to users accurate information concerning service terms.

Requires a provider that prioritizes or offers enhanced quality of service to data of a particular type to prioritize or offer enhanced quality of service to all data of that type without imposing a surcharge or other consideration.

Permits a provider to take reasonable and nondiscriminatory measures to: (1) manage the functioning of its network and services; (2) give priority to emergency communications; (3) prevent a violation of federal or state law; (4) offer consumer protection services; (5) offer special promotional pricing or other marketing initiatives; or (6) prioritize or offer enhanced quality of service to all data of a particular type without imposing a surcharge or other consideration.

Status of the Legislation

Latest Major Action: 5/8/2008: Referred to House committee. Status: Referred to the House Committee on the Judiciary.

Points in Favor

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Points Against

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