Arts+Labs, a unique alliance of the technology, content and creative communities, today announced that Andrew Keen, a renowned Internet pioneer and entrepreneur, has joined its coalition - effective immediately.  Keen is best known for his 2007 book, entitled CULT OF THE AMATEUR: How the Internet is killing our culture, an account which has been translated into 16 languages, and explores the interest around user-generated content, peer production, and other Web 2.0-related subject matter.
 
"Andrew's involvement in Arts+Labs is a significant event for our organization," said Mark McKinnon, co-chair of Arts+Labs.  "Andrew is a true thought leader in the industry, a published author and noted speaker and brings a tremendous amount of credibility to the content and network management arena.  This is a big step forward for Arts+Labs towards advancing our vision of a vibrant digital society, and a great way to kick off 2010." 
 
Launched in September 2008, Arts+Labs was formed to create consumer awareness around the availability and vast array of legal, safe, affordable and innovative entertainment content on the Internet,  encourage cross-industry collaborations that support enhanced and intelligent Internet infrastructure, and promote respect and recognition of copyright. Most recently, Arts+Labs has been vocal in upholding their mission by filing comments on the Federal Communication Committee's (FCC) proposed network neutrality rules, hosting a network management event that embraced both sides of the current debate, and testified at a New York City Council hearing against net neutrality and in support of antipiracy.
 
"What attracted me to Arts+Labs was a shared vision of how content companies, network organizations and the creative communities could come together to forge a new dynamic in today's marketplace.  I am looking forward to joining the team and tackling some of the thorniest issues that are on the minds of the regulators, the industry and the public," said Andrew Keen.
 
Aside from Keen's involvement in Arts+Labs, he is working on a second book entitled DIGITAL VERTIGO: Anxiety, Loneliness and Inequality in the Social Media Age. He writes regularly for many publications in America and Europe including The Daily Beast, Forbes, The London Independent, The London Daily Telegraph, Los Angeles Times, Amsterdam Volkskrant and the Directors Guild of America Quarterly, where he has recently published critical essays on Network Neutrality and Intellectual Piracy.  In addition, Keen regularly delivers keynote speeches at conferences worldwide, lectures at universities including UC Berkeley, Vanderbilt, Oxford, York, Warsaw and Amsterdam, and is interviewed frequently on leading television and radio networks such as the BBC, CNN, NPR, NBC, CBS, ABC, Sky and Al-Jazeera.
 

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.

By Arts+Labs Co-Chairs Mike McCurry & Mark McKinnon

Late yesterday, Google and Arts+Labs member Verizon issued a joint statement ("Finding Common Ground on an Open Internet") by Verizon Wireless CEO Lowell McAdam and Google CEO Eric Schmidt.  While significant policy differences remain, Verizon and Google agreed that there is much more that unites us than separates us. AT&T, another Arts+Labs member, echoed that sentiment this afternoon suggesting that the FCC has allayed a number of its concerns in its adoption of draft rules regarding the preservation of a free and open Internet, and expressing hope that the possibility of consensus within the Internet industry on key net neutrality issues will inform the FCC's rulemaking process going forward. There are many important points throughout the Google/Verizon joint statement, but we'll highlight the central areas of agreement.

After noting that the key factors driving innovation on the web are the common programming language and private investment to improve infrastructure, Google and Verizon list their areas of agreement.

1. "[U]sers should continue to have the final say about their web experience, from the networks and software they use, to the hardware they plug in to the Internet and the services they access online."
2. "[A]dvanced and open networks are essential to the future development of the Web", as are "Policies that continue to provide incentives for investment and innovation..."
3. [T]he FCC's existing wireline broadband principles make clear that users are in charge of all aspects of their Internet experience--from access to apps and content" and the FCC should "establish that these existing principles are enforceable, and implement them on a case-by-case basis."
4. "[F]lexibility in government policy is key" and we need to avoid "overly detailed rules" that attempt "to predict every possible scenario and address every possible concern" because it "can have unintended consequences."
5. "[B]roadband network providers should have the flexibility to manage their networks to deal with issues like traffic congestion, spam, "malware" and denial of service attacks, as well as other threats that may emerge in the future -- so long as they do it reasonably, consistent with their customers' preferences, and don't unreasonably discriminate in ways that either harm users or are anti-competitive. They should also be free to offer managed network services, such as IP television."
6. "[T]ransparency is a must. Chairman Genachowski has proposed adding this principle to the FCC's guidelines, and we both support this step. All providers of broadband access, services and applications should provide their customers with clear information about their offerings."
   

Arts+Labs is enouraged to see this sign of convergence around some of the central principles we have advocated. This is clear evidence that the rhetoric that FTC Chairman Jon Leobowitz referred to as "dystopian nightmares" is now fading and being replaced with a serious, rational policy discussion among stakeholders and policymakers. In fact, Chairman Leibowitz' May 2009 remarks now seem like a good description of where we are at today.

"We believe consumers need to have notice and consent about what they are getting. So it is very, very important that these providers tell consumers now about the speed that they are getting and whether they are making any types of management decisions in terms of the network."

He added that "broadband is a deregulated product. That's good.  We like deregulation generally."

We believe this recognition by Google that we all have a critically important role to play in developing the smart, sophisticated Internet of the future is a positive sign that the FCC's existing policy framework is solid and our focus going forward should be on defining transparency, managed services and the role of wireless networks.

Arts+Labs is hopeful that we continue to see this emerging consensus around FCC guidelines that enable everybody - network, application, service and content providers - to give consumers more choices and better products. Smarter networks enable content and application providers to deliver better products and services to consumers.  Better products and applications increase the demand for better, faster and smarter networks.  These outcomes work well for consumers, providers and the public interest.

The key will be flexibility in government policymaking, as at least 3 of the key stakeholders have noted in the past 24 hours.  Rigid rules and regulation will thwart the innovation and creativity that makes the Internet so vital.  We hope the FCC will move forward in that spirit, and we similarly hope that other participants in the debate will resist any new rules that would deprive operators of the flexibility necessary for reasonable and effective network management in order to meet users' needs.
 
The role of the FCC is not to limit our ability to innovate and evolve, but to facilitate our ability to innovate and evolve together.  We welcome policies that accomplish that goal.

- Mike McCurry and Mark McKinnon

REGISTER FOR THIS TECH POLICY FORUM HERE

Arts+Labs and GWU's Institute for Politics, Democracy & The Internet are proud to sponsor a network and technology policy forum, New Media, New Networks: The Evolution of Content on the Internet, moderated by former FCC Chairman Richard Wiley. It will be held at George Washington University on Thursday, October 29th from 9am to 12noon.

You can register for the event here.

Breakfast and Welcome (9:00-9:30)

Panel #1 - Networks for the Future (9:30-10:30) - The Importance of Wired and Wireless Next Generation Networks, deployment, capacity, interactivity, consumer choice and content.  Panelists:

• Bret Swanson (Entropy Economics, WSJ Contributor)
• S. Derek Turner (Research Director, Free Press)
• Robert Curtis (FCC Director, Network Deployment)
• Christopher Yoo (Director, Center for Technology, Innovation, and Competition at the University of Pennsylvania Law School)

Q&A Session (10:30-10:45)

Panel #2 - Network Management and Delivering for the Consumer (10:45-11:45) - The evolving role of the networks - better, smarter, faster. Panelists:

• Richard Bennett (Research Fellow, Information Technology and Innovation Foundation)
• Robb Topolski (Chief Technologist of the Open Technology Initiative at the New America Foundation)
• Dave Farber (Distinguished Professor of Computer Science and Public Policy at the School of Computer Science, Heinz College at Carnegie Mellon University)
• Harold Feld (Legal Director of Public Knowledge)

Q&A Session (11:45 - 12:00)

In response to FCC Chairman Julius Genachowski's remarks on Net Neutrality today, Arts+Labs released the following statement.

Arts+Labs has long supported the FCC's four principles and is encouraged by FCC Chairman Genachowski's remarks today that any net neutrality principles will be well-crafted to ensure the flexibility of content owners, networks and application providers to improve the consumer's web experience rather than limiting it.

We applaud the Chairman's recognition of the importance of protecting against the unlawful distribution of copyrighted works and are likewise encouraged by his acknowledgement that managed network services can be an important part of an innovative and robust Internet ecosystem.

We look forward to working with the FCC in the months ahead as it crafts new principles that ensure the flexibility of all Internet players to explore new ways of delivering quality legal content to consumers.

This afternoon, Arts+Labs filed reply comments in the FCC's ongoing inquiry on creating a "National Broadband Plan for Our Future."  As the following excerpt indicates, Arts+Labs reiterated in its reply comments that the broadband strategy should be "a matter of practical priorities:"

Importantly, we also must remember that the first goal of our broadband strategy should be to connect every American to broadband service.   Other attributes of connectivity are attractive and important, but we believe premature until we first deal with the more important job of inclusivity. 

As Google observed in putting connectivity ahead of ultra-high speeds in comments filed on June 8:  "Our first priority should be to get all Americans online, enjoying always-on broadband capabilities."   
 
Similarly, Internet Innovation Alliance co-chair Larry Irving remarked just a week ago when discussing the benefits of connectivity:  "But none of this is possible without adoption; you have to log on to reap - and even to recognize - the benefits." 
 
In sum, we urge the Commission to design a national strategy that is grounded in the practical, to listen to what consumers want, and to drive broadband adoption by focusing on meeting the needs of real consumers in the real world.   Esoteric arguments about Internet culture, management, and international rankings may seem to matter in Washington, D.C., but what users in Peoria and Scranton really care about is safe access to affordable broadband
service, and the quality content, information and services that creators make available.  
 

Arts+Labs is excited to announce our newest members, Auditude, Blue Pixel and JibJab!  We released this statement this morning.

Arts+Labs, a unique alliance of the technology, content and creative communities, today announced that three new organizations have joined its coalition. These innovative new companies are at the forefront of exploring distinct new ways of creating a safe, open and accessible digital marketplace that delivers a wide variety of legal content and services to consumers. Joining Arts+Labs are:

• Auditude - a company that solves the business of monetizing online video, combining a sophisticated ad platform with a patented fingerprinting index to simplify video distribution and advertising
• Blue Pixel - a leader in helping companies and consumers understand, harness and leverage the power of digital still and video images
• JibJab - a leading digital entertainment studio, is best known for its online political parodies and a subscription-based eCard service

"Arts+Labs is unique in the sense that we bring together a very diverse group of organizations that are tied together by their reliance on a healthy digital economy," said Mike McCurry, co-chair of Arts+Labs.  "With every new member that joins Arts+Labs, we build momentum and raise awareness of the challenges and opportunities of the digital age."

Arts+Labs launched in September 2008 with six founding members and recently announced that two new members, ASCAP and BMI, had joined the coalition.  Since launch, Arts+Labs has been out in front of key Internet issues, such as cybersecurity and national broadband adoption.  On June 8, the group filed a response to the Federal Communications Commission's Notice of Inquiry of national broadband that urged the FCC to think outside the scope of traditional telecom policy and consider a larger vision of building a successful "digital society" as it begins work on its national broadband strategy.

"Auditude, Blue Pixel and JibJab each bring distinct new perspectives and ideas that will broaden our coalition even further as we work towards a dynamic digital society," said Mark McKinnon, co-chair of Arts+Labs. "We look forward to working with their organizations to shape the way we tackle today's most critical Internet-related issues." 

The Internet Innovation Alliance's National Broadband strategy symposium is happening at the Newseum today.  The event is streaming live on the IIA website, and you can follow various attendees on Twitter with the hashtag #iia.

This morning, the Pew Research Center's Internet & American Life Project released data on broadband adoption, and it's quite interesting.  Despite the recession, broadband adoption is increasing.

Home broadband adoption stood at 63% of adult Americans as of April 2009, up from 55% in May 2008.

The latest findings of the Pew Research Center's Internet & American Life Project mark a departure from the stagnation in home high-speed adoption rates that had prevailed from December 2007 through December 2008. During that period, Pew Internet Project surveys found that home broadband penetration remained in a narrow range between 54% and 57%.

What's more, 55% of home broadband users said "broadband was very important to at least one dimension of their lives and community, such as communicating with health care providers, government officials, sharing information about the community, or contributing to economic growth."

In response to this good news, Arts+Labs Co-chairs Mike McCurry and Mark McKinnon have released the following statement.

The continued growth in broadband adoption shows that even in tough economic times Americans are excited by the emerging digital society.   This trend is driven in part by content providers' growing enthusiasm for distributing their work on the web, which stimulates broadband adoption by making the Internet more valuable to consumers.

By embracing legal content, consumers, in turn, support a prosperous digital society by encouraging the creative and technology communities to expand their investment in the Internet and its infrastructure.

Arts+Labs, a unique alliance of the technology, content, and creative communities, today urged the Federal Communication Commission to think outside the scope of traditional telecom policy and consider a larger vision of building a successful "digital society" as it begins work on its national broadband strategy.

"Rather than a narrow look at the rules governing the traditional 'telecom' service providers, we urge the Commission to map out a plan that considers the entire Internet ecosystem, including such pillars as safety and property rights that may be outside the FCC's traditional jurisdiction, but are fundamental to a prosperous digital society," Arts+Labs said in comments submitted in response to the FCC's Notice of Inquiry on broadband policy.   

Arts+Labs said that providing easy online access to professional quality entertainment and other content can help the United States reach its goal of universal broadband by encouraging more consumers to adopt broadband.  It noted that 30-40 percent of Americans do not subscribe to broadband even when it is available in their community and suggested that "compelling content can be the first 'on-ramp' to the digital highway."  

Digital Theft Poses Threat to Broadband Goals

But it also warned that a massive wave of digital theft threatens the continued creation of high quality content and services that will draw more Americans to embrace broadband.

"Further, the continued availability of quality content online depends on creators' confidence that their property rights will be protected from digital theft.  Today, that confidence is at risk.  Creating and distributing content costs large sums of money.  Before staking their economic future on creating new content, creators and the industries they work with must believe they will have a fair chance to earn a return.  But the faith needed for investment is eroded every time creative works are illegally copied or downloaded with impunity," A+L said in its filing.

A Safe Internet and Smart Management Will Boost Digital Society

It also said that a safe Internet must be a core part of a national broadband strategy and that the failure to protect online data and crack down on net pollution such as malware, spam, phishing and other Internet crime will erode the value of the Internet and discourage broadband adoption.

"To drive adoption and build a successful digital society that reaches every American, all of us must accept responsibility for minimizing online risks, protecting users' privacy, and ensuring data security against malicious online activity and cybercrime," A+L said.

It also urged the Commission to embrace "smart management tools and techniques."

"Used effectively, smart management of our networks will stimulate broadband adoption by expanding the scope of activities available to consumers, by addressing network congestion, and by defending against hacking, phishing, identity theft and other forms of cybercrime," the filing added.

But it said network operators must not abuse management tools to interfere with competitors or consumers rights and noted:  "In a digital society, network managers owe their customers transparency about their network management practices, including proactive disclosure of new policies or innovations that may affect users' experiences."

A+L Urges Collaborative Effort, Says Pragmatism Should Trump Ideology

It also urged the Commission to avoid unnecessary regulatory constraints that would interfere with the ability of content providers, network operators and other Internet-related businesses to experiment with new business models and to offer innovative new services and options to consumers.  

Finally, A+L urged every Internet industry and every individual who uses the Internet to work together to achieve the nation's broadband goals.

"Building an inclusive digital society and achieving our broadband goals will require all of us to think outside of silos, to choose pragmatic and effective policies over ideology, and to drive broadband adoption by encouraging the creation of exciting content, protecting intellectual property, and ensuring that the Internet is a safe place to be.  And, the guiding principle on every issue should be to find the solution that moves broadband forward," A+L concluded.

Arts+Labs is very excited to announce our newest member, ASCAP (American Society of Composers, Authors and Publishers).  We released this statement today.

Arts+Labs, a unique alliance of the technology, content and creative communities, today announced that ASCAP (the American Society of Composers, Authors and Publishers) has joined its coalition. ASCAP is the first and leading U.S. Performing Rights Organization representing the world's largest repertory from its more than 350,000 songwriter, composer and music publisher members.

"It gives us great pleasure to welcome ASCAP to Arts+Labs," said Mike McCurry, co-chair of Arts+Labs. "We will look to ASCAP to play a critical role in our efforts to ensure a vibrant digital society."

Launched in September 2008, Arts+Labs was created to encourage cross-industry collaborations that support enhanced and intelligent Internet infrastructure, safe, legal and accessible distribution of content, and respect and recognition of copyright. Arts+Labs aims to ensure that artists, creators and innovators can safely choose to make their works available through online distribution channels so that their right to earn fair compensation for their creativity is respected.

"After careful study, we've determined that Arts+Labs will be an important partner in our copyright advocacy efforts," commented Kevin Gage, ASCAP SVP of Strategic Planning and Digital Development. "ASCAP is leading the way in copyright advocacy with important digital rate court proceedings, a large and motivated grassroots assembly of members educating legislators and a comprehensive program of copyright education in America's schools."

"Bringing aboard an organization like ASCAP is another big step forward for Arts+Labs," said Mark McKinnon, co-chair of Arts+Labs. "It will be a pleasure to collaborate with ASCAP as we drive awareness of the importance of respecting the rights and online property of today's artists."