Category Archives: Internet freedom

Principles: the FCC’s Don’t Mean Squat –Cleland

fccprinciples.png Duopoly apologist Scott Cleland spells out what everybody should have already known:
The petitions assume that the FCC’s policy of network neutrality principles have the legal and binding effect of formal FCC rules or law and that they trump all existing law and rules. This is preposterous.

The Common Sense Case Why Network Management Trumps Net Neutrality, Scott Cleland, Precursor Blog, 15 Jan 2008

Indeed, it is preposterous to think that the FCC ever meant to enforce its net neutrality “Policy Statement” of August 2005. Even if it did, the very way the four “principles” in that statement are worded, every one in terms of consumers, excludes the very existence of participatory services such as BitTorrent.

Cleland’s blog goes to great lengths to spell out what he considers common sense (which means he knows he doesn’t actually have a legal argument). Don’t be surprised if his items get parrotted by other anti-Internet-freedom blogs. And don’t be surprised if the FCC rules in favor of Comcast, even though any competent network engineer can tell you that there are ways to do network management that don’t involve faking reset packets, a technique that would be considered malicious denial of service if it came from any entity other than an ISP, not to mention Comcast’s BitTorrent stifling seems closer to the fraudulent promise of unlimited service that got Verizon fined by New York State.

[Clarified:] It’s not about network management. It’s about a few corporations and their political allies trying to stifle net neutrality and Internet freedom against the best interests of everyone else, including their own customers.

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Virtual Web, Real World

raphael.raph.koster.jpg Muddying the web:
Raph Koster makes the point that virtual worlds are becoming more and more intertwined with (and perhaps indistinguishable from) the web. Anything with an avatar, a way to have both real-time and not-real-time communication, and some spatial metaphors is both a virtual world and… Facebook.

So here’s a downloadable manuscript called The Web: Hidden Games. It’s not the deepest piece of writing, but it’s an implementation of the Raph idea. The author cheerfully suggests that Facebook, YouTube, and Digg are addictive because they’re really games. They’ve got set rules, they’re fun, and you can try to beat the other guy.

Are you winning at Digg? Susan Crawford, Susan Crawford Blog, 10 Jan 2008

I think this is right, and it’s just an extension of how Mosaic, the original web browser came to be: Marc Andreesen decided to mix computer game interfaces with Internet access.

I don’t think Raph or Susan goes far enough. Continue reading

FCC: Shocked to Hear There’s Gambling Going On!

captain_renault.jpg The dateline is ironic:
LAS VEGAS (AP) — The Federal Communications Commission will investigate complaints that Comcast Corp. actively interferes with Internet traffic as its subscribers try to share files online, FCC Chairman Kevin Martin said Tuesday.

A coalition of consumer groups and legal scholars asked the agency in November to stop Comcast from discriminating against certain types of data. Two groups also asked the FCC to fine the nation’s No. 2 Internet provider $195,000 for every affected subscriber.

“Sure, we’re going to investigate and make sure that no consumer is going to be blocked,” Martin told an audience at the International Consumer Electronics Show.

FCC to Probe Comcast Data Discrimination, By PETER SVENSSON, AP, 8 Jan 2008

In other news, Las Vegas Board of Realtors announces investigation of gambling! Sorry; I made that up.

Note that Martin is not only chair of the FCC that continues to enable telecom and media consolidation, he also continues to refer to ISP customers and participants as “consumers”, as in the old broadcast model where the broadcasters produce and you the customer are expected to consume whatever they give you.

The organization doing the most investigating of stifling, blocking, etc. by Comcast, Cox, et al., has been the Associated Press, which also originated this story. Interestingly, the AP is not owned by any of the usual five companies that own most of the media in the U.S. The AP is a non-profit cooperative owned by its contributing newspapers. So one of the few national news organizations in the U.S. that has not been consolidated is the one that has been investigating stifling by ISPs.

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PS:

“I’m shocked, shocked to find that gambling is going on in here!”

—Captain Renault, Casablanca, 1942

Canada: Throttling Ahead

michael_geist.gif A law professor in Ottawa sums up the Canadian net neutrality situation in a paragraph:
Net neutrality concerns mount but politicians do not respond.

Net neutrality, which has been simmering as an issue in Canada over the past three years, will reach a boiling point this year as leading ISPs implement traffic throttling technologies that undermine the reliability of some Internet applications and experiment with differing treatment for some content and applications. Despite consumer concerns, politicians and regulators will do their best to avoid the issue.

Tech law issues to watch in 2008, Michael Geist, thestar.com, Jan 07, 2008 04:30 AM

No smokescreen about we can’t regulate the net. straightforward as to who is causing the problem: ISPs busily implementing throttling while complacent politicians look the other way.

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Censored News 2007

phillips_photo.jpg As usual, net neutrality was the top censored news story of 2007:
Throughout 2005 and 2006, a large underground debate raged regarding the future of the Internet. More recently referred to as “network neutrality,” the issue has become a tug of war with cable companies on the one hand and consumers and Internet service providers on the other. Yet despite important legislative proposals and Supreme Court decisions throughout 2005, the issue was almost completely ignored in the headlines until 2006.1 And, except for occasional coverage on CNBC’s Kudlow & Kramer, mainstream television remains hands-off to this day (June 2006).2

Most coverage of the issue framed it as an argument over regulation—but the term “regulation” in this case is somewhat misleading. Groups advocating for “net neutrality” are not promoting regulation of internet content. What they want is a legal mandate forcing cable companies to allow internet service providers (ISPs) free access to their cable lines (called a “common carriage” agreement). This was the model used for dial-up internet, and it is the way content providers want to keep it. They also want to make sure that cable companies cannot screen or interrupt internet content without a court order.

#1 Future of Internet Debate Ignored by Media, Top 25 Censored news stories of 2007 Project Censored, The News That Didn’t Make The News Sonoma State University, 2007

This is the first I’ve heard that “Internet service providers” other than cable companies are on the side of consumers. Doubtless AT&T will be gratified to hear that version. Oh, wait: later the same writeup refers to “cable supporters like the AT&T-sponsored Hands Off the Internet website.” Also, what’s this about free access? Continue reading

Consolidation Flood: What Will Really Stifle Internet Innovation

monopolist.jpg Advocates of the “exabyte flood” political campaign against net neutrality claim they are for innovation and that the coming flood of Internet usage will stifle innovation unless they get their way.

What will really stifle innovation on the Internet is this:

The Federal Communications Commission, at the urging of Chair Kevin Martin, voted 3-2 on Tuesday to relax longstanding rules that block corporations from owning a broadcast TV station and a newspaper in the same city.

Uproar Over FCC Vote on Media-Ownership Rules, By Frederick Lane, Top Tech News, December 19, 2007 10:14AM

No, not specifically newspaper and television consolidation. Further consolidation of media and information distribution in the hands of a tiny number of companies. This December the FCC lets newspapers and TV stations consolidate. Last December it let SBC buy Bellsouth. Internet access is already in the hands of a tiny number of companies (typically at most two in any given area) that are increasingly moving to control the information they carry on behalf of a small number of companies including themselves and movie and music content producers.

The exaflood politics isn’t really about how much infrastructure the duopoly has to build out. It’s about maintaining the duopoly and extending its control of information, to the duopoly’s short-term profit and the long-term detriment of of us all, including the duopoly.

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Edwards on Net Neutrality

Yes and yes:
U.S. presidential candidate John Edwards is for net neutrality, already sent a letter to the FCC about it, and would only appoint FCC commissioners who support it. He also gets the connection with media consolidation:
“What we have to do is make certain the net does not go the way of broadcast television and commercial radio where only a few corporate voices are heard.”

John Edwards: Net Neutrality, answering www.10questions.com, YouTube, Dec 2007

Among other candidates, Barack Obama already answered the question. Hm, looks like Huckabee has, too; more on that in another post.

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Copowi: an ISP Based on Net Neutrality

copowi net neutrality guarantee Here’s an ISP that centers around net neutrality:
Within and subject to the constraints of the law and our Terms of Service, we guarantee:
  • We will not block, degrade or modify data users send or receive over the Internet.
  • We will not discriminate between network traffic on the basis of who it came from or where it is going to for some commercial advantage.
  • Where possible we will only deal with wholesale service providers who support keeping the Internet open and fair, in the same way.

www.copowi.com, accessed 11 Dec 2007

That third point is a bit difficult to implement, given that Copowi provides its DSL as a reseller for AT&T, Quest, and Verizon, but at least their heart’s in the right place: they’re for equal access, innovation, participation, and lower cost.

Now if they can also deliver reliable and inexpensive service with good marketing….

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Moderate? Comcast Stifling Isn’t

MagrittePipe.jpg Promising unlimited access, not delivering, and refusing to admit it is managing a network for the good of the many above the activities of the few? Pete Abel thinks so:
Earlier this month, Comcast — the nation’s largest cable broadband company — was caught doing what any good Internet Service Provider (ISP) should do, i.e., manage its network to ensure that the online activities of the few don’t interfere with the online activities of the many,

Fair vs. Foul in Net Neutrality Debate, By Pete Abel, The Moderate Voice, 24 November 2007

The problem with Comcast stifling BitTorrent by faking reset packets from a participant is not that Comcast is trying to manage its network: it’s that Comcast used a technique that if it came from anyone other than an ISP would be considered malicious denial of service, that Comcast still hasn’t admitted doing it, and that Comcast bypassed numerous other methods of legitimate network management, such as those used by PlusNet. Comcast could even use the Australian model and sell access plans that state usage limits and throttle or charge or both for usage above those limits. What Comcast is doing it seems to me is much closer to the false advertising of unlimited access that got Verizon slapped down for wrongful account termination.

The biggest problem with what Comcast (and Cox, and AT&T, and Verizon) are doing is that their typical customer has at most one or two choices, which in practice means that if your local cable company and your local telephone company choose to stifle, throttle, block, or terminate, you have no recourse, because there’s nowhere to go. Competition would fix that.

Abel tries to back up his peculiar interpretation of network management with revisionist history: Continue reading

PlusNet: Honest Prioritization

plusnetusage.gif Unlike Comcast and Cox, PlusNet in the U.K. says what it is doing:
The principles of PlusNet’s network management policies
  • To make sure that time-critical applications like VoIP and gaming are always prioritised
  • To protect interactive applications like web-browsing and VPN from non-time sensitive download traffic
  • To flex the network under demand to cope with normal peaks and troughs from day to day and month to month
  • To flex the network more gracefully than other ISPs in the event of unusual demands in traffic or disaster situations such as a network failure
  • To provide a service relative to the amount each customer pays in terms of usage and experience
  • Provides a ‘quality of service’ effect, meaning multiple applications running on the same line interact with each other effectively, and use of high demand protocols like Peer-to-Peer doesn’t swamp time-sensitive traffic such as online gaming or a VoIP call.
Traffic Prioritisation, PlusNet, accessed 26 Nov 2007
Interestingly, this list does not cite video as the most-favored application, instead it lists VoIP and gaming, which are participatory services. However, scan down to their table of types of traffic, and VoIP and gaming are Titanium, while video-on-demand is the highest level, Platinum. Continue reading