Internet Consumer Bill of Rights Act of 2006

The latest version of the Communications, Consumers’ Choice, and Broadband Deployment Act of 2006 (S.2686) contains a new section on network neutrality called  the “Internet Consumer Bill of Rights Act of 2006.”

In this section, Congress finds that the Federal Communications Commission (FCC) should seek to: 1) preserve the free-flow of ideas and information on the Internet; 2) promote public discourse on the Internet; 3) preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services unfettered by Federal or State regulation; 4) encourage investment and innovation in Internet networks and applications markets through a diversity of business models; and 5) promote deployment of broadband networks nationwide.

The legislation instructs Internet service providers (ISPs) to allow subscribers to access any lawful content; web page; application, software, or service; or search engine of the subscriber’s choosing; In addition, subscribers would be allowed to connect any legal device of that subscriber’s choosing to the Internet access equipment of that subscriber, if such device does not harm the network of the Internet service provider. And subscribers would receive clear and conspicuous information, in plain language, about the estimated speeds, capabilities, limitations, and pricing of any Internet service offered to the public.

A subscriber could exercise any of the rights: 1) without interference from any Federal,
State, or local government, except as specifically authorized by law; 2) without interference from an Internet service provider, except as otherwise provided by law; 3) for any legal purpose; and 4) subject to the limitations of the Internet service such subscriber has purchased.

The legislation also offers explicit Free Speech rights to Internet users: 1) no Federal, State, or local government could limit, restrict, ban, prohibit, or otherwise regulate content on the Internet because of the religious views, political views, or any other views expressed in such content unless specifically authorized by law; and 2) no Internet service provider could  limit, restrict, ban, prohibit, or otherwise regulate content on the Internet because of the religious views, political views, or any other views expressed in such content unless specifically authorized by law.

The legislation would ensure the provision of stand-alone Internet service: ISPs much provide service options that do not require subscribers to purchase or use any telecommunications service, information service, IP-enabled voice service, video service, or other service offered by the ISP.

An Internet service provider may protect the security, privacy, or integrity of its
network and subscribers’ computers of any subscriber, or any service, including by blocking worms or viruses or preventing denial of service attacks. The ISP could also facilitate diagnostics, technical support, maintenance, network management, or repair of the network; 3) prevent or detect unauthorized, fraudulent, or otherwise unlawful uses of the network;  4) block access to content, applications, or services that Federal or State law expressly authorizes to be blocked, including child pornography; 5) provide consumers Parental Control applications, devices, or services; 6) allow a subscriber to elect to have content, applications, or services blocked at the subscriber’s request.


The Federal Communications Commission would be charged with enforcing Network Neutrality laws. The bill directs the FCC to establish an adjudicatory enforcement procedure under which any subscriber may initiate an enforcement action by filing a complaint with the FCC. The Commission would then make a determination, after notice and an opportunity for a hearing, not later than 120 days after the date on which such complaint is received. If an ISP were in violation of these provisions the FCC could fine the ISP, issue an injunction or temporary restraining order; or provide such other equitable relief as the FCC determines appropriate.  But the FCC could not adopt any new rules implementing this law or enlarge or modify the obligations imposed on Internet service providers through the adjudicatory process.

Beginning 1 year after the date 2 of enactment of this Act, the FCC is directed to report and make recommendations annually to Congress regarding: 1) the developments in Internet traffic processing, routing, peering, transport, and interconnection; 2) how such developments impact the free-flow of information over the public Internet and the consumer and small business experience using the public Internet; 3) business relationships between Internet service providers and applications and online user service providers; and 4) the development of and services available over public and private Internet offerings.