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Oregon Net Neutrality Initiative (2018)
| Oregon Net Neutrality Initiative | |
|---|---|
 | |
| Election date November 6, 2018 | |
| Topic Media | |
| Status Not on the ballot | |
| Type State statute | Origin Citizens |
The Oregon Net Neutrality Initiative was not on the ballot in Oregon as an initiated state statute on November 6, 2018.
The measure would have prohibited any internet service provider operating in the state from doing the following:[1]
- charging higher or lower fees for different speeds of service based on the websites or content being accessed by the internet viewer;
- blocking legal websites or internet content;
- accept payment or otherwise benefit directly or indirectly from providing varying speeds of internet services for websites, online services, or other internet content.
The measure was designed to go into effect on July 1, 2019.[1]
Text of measure
Full text
The full text of the initiative is as follows:[1]
| “ |
To ensure the continued quality of telecommunications services and safeguard the rights of consumers, Oregon Revised Statutes is amended by adding new language to Chapter 759 to read: SECTION 1. (1) While operating in the state, Internet service providers may not:
(2) This section does not prevent reasonable network management practices, including the blocking of illegal or malicious content. (3) Any telecommunications utility violating this section is guilty of unjust discrimination. SECTION 2. Section 1 of this Act takes effect July 1, 2019. [2] |
” |
Sponsors
Oregonians for Net Neutrality sponsored this initiative.[3]
The official proponents that signed the initiative filing were as follows:[4]
- Chris Harker, former Democratic member of the Oregon House of Representatives, representing District 34
- Thomas Frank, former West Linn City Council President
- Rachel Novick, owner and manager of Novick Analytics
Rich Bader served as the treasurer of the Oregonians for Net Neutrality. Bader was the president and CEO of EasyStreet Online Services and was a member of the board of directors for the company under its changed name, Atmosera.[5][6]
A representative of Oregonians for Net Neutrality said that proponents filed the initiative in response to actions by the Federal Communications Commission (FCC).[5]
Arguments
Rachel Novick said, "The principle that ideas and data should be accessible to people on a level playing field is a critical part of Oregon's commerce, to say nothing of its impacts on free expression and independent thinking."[7]
Chris Harker said, "If the FCC is not going to protect consumers, the State of Oregon is ready and explicitly permitted by law to do so. This is not drastic policy."[7]
Thomas Frank said, "This is not a partisan issue. Fair access to information, to learning, to commerce, is something that affects all Oregonians."[7]
Background
FCC reversal of Open Internet Order
On December 14, 2017, the Federal Communications Commission (FCC) voted to repeal the Open Internet Order, which was put in place in 2015 to require internet providers to provide the same level of service and internet speed to all consumers and types of internet traffic. The repeal of the order allows internet service providers more leeway to set different prices for different types of internet activity.[8]
Commissioners Michael O'Rielly and Brendan Carr voted to rescind the Open Internet Order, while commissioners Mignon Clyburn and Jessica Rosenworcel voted against rescinding it. FCC chairman Ajit Pai voted in favor of rescinding the order to break the tie. FCC chairman, Ajit Pai, was appointed as chairman by President Donald Trump (R) in January 2017.[8]
FCC Commissioner Michael O'Rielly said, "For those of you out there who are fearful about what tomorrow will bring, take a deep breath; this decision will not break the internet. While repealing net neutrality rules grabs headlines ... net neutrality started as a consumer issue but soon became a stepping stone to impose vastly more common carrier regulation on broadband companies."[8]
FCC Commissioner Mignon Clyburn said, "What saddens me the most today is that the agency that is supposed to protect you is actually abandoning you, but what I am pleased to be able to say today is that the fight to save net neutrality does not end today. The agency does not have the final word. Thank goodness for that."[8]
Path to the ballot
The state process
In Oregon, the number of signatures required to qualify an initiated state statute for the ballot is equal to 6 percent of the votes cast for governor in the most recent gubernatorial election. Signatures for Oregon initiatives must be submitted four months prior to the next regular general election. State law also requires paid signature gatherers to submit any signatures they gather every month.
Moreover, Oregon is one of several states that require a certain number of signatures to accompany an initiative petition application. The signatures of at least 1,000 electors are required to trigger a review by state officials, a period of public commentary, and the drafting of a ballot title. Prior to gathering these initial 1,000 signatures, petitioners must submit the text of the measure, a form disclosing their planned use of paid circulators, and a form designating up to three chief petitioners. The 1,000 preliminary signatures count toward the final total required.
The requirements to get an initiated state statute certified for the 2018 ballot:
- Signatures: 88,184 valid signatures were required.
- Deadline: The deadline to submit signatures was July 6, 2018.
In Oregon, signatures are verified using a random sample method. If a first round of signatures is submitted at least 165 days before an election and contains raw, unverified signatures at least equal to the minimum requirement, but verification shows that not enough of the submitted signatures are valid, additional signatures can be submitted prior to the final deadline.
Details about this Initiative
- Thomas Frank, Rachel Novick, and Chris Harker filed this initiative with state officials on January 16, 2018.[4]
- State law requires them to collect and submit 1,000 valid signatures before receiving a ballot title and summary.
The campaign organizer for the effort said that, although having more time to collect signatures would have been better, proponents of the initiative did not recognize the need for it until December 2017 and expressed confidence that the group would succeed in collecting enough signatures to get the measure on the ballot.[5]
Proponents of the measure did not submit signatures before the signature deadline.[9]
See also
External links
Support
Footnotes
- ↑ 1.0 1.1 1.2 Oregon Elections Office, "Full text of Initiative Petition 40," accessed January 16, 2018
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Oregonians for Net Neutrality, "Home," accessed January 19, 2018
- ↑ 4.0 4.1 Oregon Secretary of State, Oregonians for Net Neutrality; Initiative 40 Overview," accessed January 16, 2018
- ↑ 5.0 5.1 5.2 Ballotpedia staff writer Josh Altic, "Telephone correspondence with a representative of Oregonians for Net Neutrality," January 17, 2018
- ↑ Atmosera, "Home," accessed January 17, 2018
- ↑ 7.0 7.1 7.2 Oregon Patch, "Oregon Net Neutrality Initiative Filed With State Secretary," January 21, 2018
- ↑ 8.0 8.1 8.2 8.3 CNBC, "The FCC has reversed a 2015 rule that could change how you access and pay for internet service," December 14, 2017
- ↑ Ballotpedia Staff Writer, Telephone communication with Oregon Secretary of State's office, July 9, 2018.
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