Arts+Labs has issued the following statement regarding the New York City Council Technology In Government Committee hearing on net neutrality.  Arts+Labs advisor and Songwriter's Guild President Rick Carnes spoke at today's hearing, along with songwriters/producers Gordon Chambers and Phil Galdston.

 
Arts+Labs applauds the New York City Council's Technology In Government Committee for hosting a substantive hearing to examine net neutrality.  Today's hearing makes it clear that there are many different participants in the internet ecosystem, and the free, open and fair internet works best when all of them are free to innovate, to provide more choices and services to consumers.

All participants in this debate believe that Internet users should control their own experience and be free to access legal websites and services of their choice as embodied in the FCC's existing four principles.  We do not need to make false choices between Internet freedom and openness; we can have both. 
 
Arts+Labs believes that all participants should be able to innovate without seeking permission from any third party, including government.   And, we encourage the New York City Council to embrace that principle of innovation without permission, so that all who use, operate, contribute to, or depend on  the Internet can freely collaborate on ways to make it better.
 
But we are concerned that some net neutrality proposals will prevent innovation and block the creation of new products, services, and business models that will enhance digital society for all participants.   That is a false choice, and adoption of that policy would be a tragic mistake.  Such regulations would raise costs, and slow internet deployment and adoption.  Arts+Labs asks that the New York City Council Technology in Government Committee reject regulations which would pit participants in the internet ecosystem against each other, ultimately harming consumers and creators alike.

UPDATE

Here is the testimony given at the hearing by Rick Carnes, President of the Songwriters Guild of America.

Testimony of Rick Carnes
Before the New York City Council
In Opposition to Proposed Net Neutrality Regulations
November 20, 2009

Mrs. Chairwoman and members of the Council, thank you for the opportunity to share with you the concerns of songwriters about the proposals by the FCC to impose Net Neutrality regulations on the internet.

My Name is Rick Carnes and I am a professional songwriter, and the President of the Songwriters Guild of America. The SGA is the oldest and largest national association of songwriters. We were founded right here in New York back in 1931.

I am here today speaking on behalf of the Arts & Labs coalition of which SGA is a founding members.

I will begin my remarks by saying that in order for broadband networks to be as healthy a platform of commerce as the railroads and energy utilites were in the past, the standard rules of commerce must be acknowledged and protected. These standard rules of commerce include respect for private property, the discouragement of theft of property by users of the platform, and meaningful remedies in the event that theft occurs. The internet does not
currently recognize or enforce these standard rules of commerce.

Unfortunately, the proponents of Net Neutrality principles simply ask for more of the same Internet, with perhaps even greater restrictions on the ability of network operators and users of the network to enforce the standard rules of commerce.

Of the 6 so called 'Net Neutrality' rules the FCC has put forward I will limit my comments today to only two...

One existing rule and one proposed rule.

The first existing rule states:

Consumers are entitled to access the lawful Internet content of their choice.

Unfortunately this rule entirely ignores the fact that internet users are also able to freely access the UNLAWFUL content of their choice.

The intent of this rule is good in that it ensures our fans will be able to have unfettered access to our music. But we see no evidence that consumers are having problems accessing legal content on the internet.

In fact there is more legal content online today than we could have even imagined ten years ago and it is available at a price of 99 cents per song or less.

So why is the FCC imposing regulation where there seems to be no problem while ignoring the MASSIVE problem of piracy that has destroyed the jobs of more than half the professional songwriters in America?

We would also like to comment on the proposed fifth rule which states:

A provider of broadband Internet access service must treat lawful content, applications, and services in a nondiscriminatory manner

Once again, this rule prohibits discrimination in lawful content only. This will force legal services to compete with pirate services on a level playing filed without being able to distinguish their legal products in ways that piracy cannot.

Far from being non-discriminatory, this rule discriminates against my rights as a songwriter to go into the marketplace and make a deal with a network service provider to deliver my music as part of a premium service that offers consumers a better, faster, safer experience than they get when they illegally download music.

For ten years the US Congress hasn't moved to end the scourge of online music piracy because they haven't wanted to stifle innovation onthe internet. Our lawmakers told us to be patient and trust that the market place would find a solution to illegal downloading. It is very confusing and dissapointing to now see the FCC intervene to propose regulations that would stifle those very innovative services that might help us compete succesfully against piracy.

The SGA believes strongly that the last best hope to fight piracy is for the networks to get smarter, faster, and more creative in the ways that they deliver our content.

In their current form both the FCC rules and Congressional bill H.R. 3458 would do more harm than good to the creative community so we respectfully ask that the Council vote not to adopt resolution Res 0712-2007.

Thank You 

Below the fold, find the testimony of songwriters/producers Gordon Chambers and Phil Galdston.