Supporters have resorted to analogies -- trucks on highways are a favorite -- to simplify the movement of information online and the risks posed by creating Internet "toll lanes." But sometimes those explanations have only caused more confusion.
"I'm tired of talking about 18-wheelers," an exasperated Rep. Dan Lungren (R-Gold River) said at a House hearing this spring. "I'd like to know what we're talking about here."
Phone and cable companies, which oppose any new regulations governing whether they can charge for prioritizing content, have seized on that confusion. They've warned lawmakers not to act on a vaguely defined potential problem because it could have those dreaded "unintended consequences."
Those arguments carry weight among lawmakers trying to be careful about intervening in the technology marketplace, said Rep. Fred Upton (R-Mich.), who chairs a House subcommittee on telecommunications and the Internet.
"We didn't want to lock in or lock out future players," he said. "Who knows what's going to come down the pike?"
But the debate has frustrated Internet executives.
"To our industry and our customers, very important issues are being decided today in Congress," said Paul Misener, Amazon's vice president of global public policy. "Much of the concern is decisions might be made without a complete understanding of the facts."
The hearing last month on social networking sites demonstrates how difficult it can be for Congress to tackle technology questions.
Alarmed by reports of pedophiles surfing for young victims on MySpace.com and similar sites, Rep. Mike Fitzpatrick (R-Pa.) proposed a law to prohibit anyone under 18 from accessing them at schools or libraries receiving federal Internet-access subsidies. Concern about online predators already has led to calls for legislation requiring Internet service providers to maintain online records longer to help law enforcement.
While lauding the goal of Fitzgerald's bill, several witnesses at the House telecommunications and Internet subcommittee hearing pointed out potential problems.
In broadly defining social networking sites as any that allow interactive chat, the bill could block access to everything from Google and Yahoo to many business sites that now have interactive features, said Parry Aftab, executive director of WiredSafety.org, a group that patrols the Internet for child molesters. Ted Davis, an information technology expert from the Fairfax, Va., school district, warned that the bill could block access to legitimate educational sites. And Texas Atty. Gen. Greg Abbott said that vague wording could lead to years of court battles.
