The future of the net neutrality fight

How the next wave of technology is upending the global economy and its power structures
Apr 18, 2024 View in browser
 
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By Steven Overly

With help from Brendan Bordelon, Mohar Chatterjee and Derek Robertson

Net neutrality supporters are pictured. | Getty

Getty

The Federal Communications Commission has been tussling for roughly two decades over regulations that require internet service providers to treat all web traffic equally. And next week, the battle enters a new round.

Chair Jessica Rosenworcel will lead her fellow Democrats to impose the rules, known as net neutrality, for the third time. A court overturned them when a Democratic-controlled FCC first voted to put them in place in 2010. Democrats revamped the rules and passed them again in 2015 — only for Republicans to repeal them two years later.

Tom Wheeler, a Democrat who chaired the FCC from 2013 to 2017, says the technology underpinning the fight has evolved since the panel last took up the issue. Whereas in his time the debate centered on social media, streaming video and mobile apps, now he sees artificial intelligence playing a dominant role.

I spoke with Wheeler for an episode of the POLITICO Tech podcast, which you can subscribe to on Apple and Spotify. The following excerpt has been edited for length and clarity, so check out the full interview here.

An observation that I have a feeling you'll disagree with: We haven't had these rules in place for roughly six years now and, I think, for a lot of people, the internet does not seem radically different. So why does this fight still matter?

Well, I think we’ve got to be careful on what we define as the challenge that we're trying to meet here. The industry wants to define it in terms of no blocking and no throttling. I mean, that is so much yesterday's issue. The broader question here is, will there be an ongoing expectation [of fairness] for all of the activities of this really important 21st century network? And will there be flexibility on the part of the FCC to deal with those?

Technology has evolved even as some of these regulatory dynamics remain the same. When the net neutrality rules were last repealed in late 2017, no one was really talking about artificial intelligence at the time. You now think it's a major factor.

This is a history of technological and marketplace evolution, starting with the telegraph, going up through the early digital era, where it was all about video. And now we've got AI, and access to AI requires access to the last mile [of internet]. How can you be a small businessman and enjoy the benefits of AI in your business if all of a sudden that last mile says, "Oh no, wait a minute, I'm going to make sure that it has to come to you on my terms," rather than an expectation that it be on just and reasonable terms?

The thing that we can absolutely, positively be sure of is this isn't going to stop with AI. We didn't know, in 2015, about AI. We don't know what's coming tomorrow. But we do know that there are basic principles. Do you have just and reasonable access on nondiscriminatory terms to the most important network of the 21st century and the ability to deal with whatever technology the marketplace throws at you in the future?

I don't think there are very many people who know more about net neutrality than you do. It was interesting to me then, in a piece written recently for Brookings, you actually asked ChatGPT-4 to answer why net neutrality matters in an AI era. What did it say?  

I'm going to read to you right now what ChatGPT told me. I said, "How does AI change the importance of net neutrality?" And ChatGPT responded, "As AI continues to evolve and become more integral in our daily lives, maintaining an open and equal internet becomes even more crucial. Net neutrality not only supports the equitable development and deployment of AI, but also ensures the benefits of AI technologies are accessible to all. Promoting innovation, fairness and competition in the digital age."

What did you think of that answer? Were you surprised?

I thought it was spot on. My takeaway from that and the piece that I wrote in Brookings that you referenced really was saying, "We have a different deliverable, but the issues of that delivery have not changed."

One thing we know about AI is that it is going to put greater demands on internet infrastructure, from data centers and networks, to the energy needed to power all of it. So  I could see an argument that internet service providers should be able to charge more for that if it's demanding more of their networks.

So I don't know about you, but when I wanted to increase the throughput to my internet service to my home, I got charged more. Nothing wrong with that. I am in favor of the companies being able to charge for the level of service that the consumer wants. But I've got a difficulty when they turn around and say, and now I am running the toll bridge and you gotta pay the toll to me before you can get to that consumer.

You also acknowledge the leading AI companies are not exactly wallflowers. Google, Microsoft and Amazon have for years now been some of the wealthiest companies in the world. They are emerging as dominant players in AI. I certainly think of them as formidable counterweights to internet providers like Comcast or Verizon. Why does the government need to get involved if this is a bunch of big companies battling it out?

Well, the difficulty is that when the elephants rumble, the ants get squashed. The job of the government is to stand up for the public interest, not to stand by as private interests engage in a 'Godzilla vs. Kong' kind of situation. Because I don't know if you've been to see that movie, but I saw it the other weekend, and all I can say to you is that Rome, the pyramids, Paris, everybody got destroyed. And so, a solution to how do you protect the public interest in the digital era is not to have "Godzilla vs. Kong."

 

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state dept. gets a chatbot

The headquarters of the State Department is pictured. | John Shinkle/POLITICO

John Shinkle/POLITICO

The State Department launched a general use chatbot for internal use on Monday, said Matthew Graviss, the department’s chief data and AI officer.

“The latest focus is trying to figure out what our workforce wants [the chatbot] for, analyzing the prompts and returns, and starting broad,” Graviss said.

“This is a huge deal,” said Kelly Fletcher, the department’s chief information officer, who spoke alongside Graviss on Thursday at a Washington event. “1,500 people in the State Department are using a chatbot that is safe for sensitive but unclassified data.”

The chatbot was built “in partnership” with industry, Graviss told POLITICO afterward. “You're not going to see the Department of State try to buy computing power to build our own models,” he said. The department also expects to rely on more than one AI model developer. “We're gonna choose the right model for the right use case,” he said.

Fletcher and Graviss told POLITICO that employees are already using the chatbot to translate and summarize written text. Those users will provide feedback that will be used for future development of the department's general-purpose chatbot and other, narrower AI tools. “We're gonna go with what the user demand is,” said Graviss. — Mohar Chatterjee

future shock

The Future of Humanity Institute at Oxford University abruptly closed its doors this week, ending its nearly two-decade run just as its views on the existential risks of advanced artificial intelligence began to make an impact on policy.

Launched in 2005 by philosopher and effective altruist Nick Bostrom, FHI arguably did more than any other group to initially conceptualize and propagate the idea that AI systems pose cataclysmic threats to humanity. Its sudden shutdown on April 16 came as a shock to many in the AI policy space — though some of its foes, including Meta’s chief AI scientist Yann LeCun and Stanford AI Laboratory director Christopher Manning, couldn’t help but twist the knife.

The sudden closure may be less surprising to those who have followed Bostrom in the news. Bostrom — whose name no longer appears on the list of faculty members at Oxford’s philosophy department — was forced to apologize last year for using racist language in an old email. A spokesperson for Oxford declined to comment.

A statement on FHI’s website said the organization faced “increasing administrative headwinds” at Oxford, which allegedly imposed a funding and hiring freeze in 2020 before declining to renew the contracts of FHI staffers in late 2023.

Despite the controversy, FHI remained influential — particularly in the United Kingdom, where it helped the government craft its approach to existential AI risks. The organization also took millions of dollars over the years from Open Philanthropy, a prolific funder of effective altruist causes and the force behind a Washington network working to convince policymakers of extreme risks posed by advanced AI systems. — Brendan Bordelon

getting to 'yes' on stablecoins

Sen. Sherrod Brown is pictured. | AP Photo

Ohio Sen. Sherrod Brown. | AP Photo

Once-skeptical Democrats are warming up to proposed crypto legislation on Capitol Hill.

POLITICO’s Morning Money reported today on Senate Banking Chair Sherrod Brown (D-Ohio), a longtime crypto skeptic, saying Tuesday he’s “very open” to passing crypto legislation through his committee. Brown referred to legislation that would create a regulatory framework for stablecoins, a digital currency pegged to the U.S. dollar.

Still, Brown’s fellow progressive Sen. Elizabeth Warren (D-Mass.) wants more stringent regulations in the bill to prevent crypto-based money laundering — something she has warned House Financial Services Chair Patrick McHenry (R-N.C.) and ranking member Maxine Waters (D-Calif.) about for months.

And it’s still unclear how the White House would view such legislation if it made it to President Joe Biden’s desk, as MM points out that McHenry blamed the administration last year for tanking previous stablecoin talks. — Derek Robertson

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