Users Revolted: Net Neutrality to Win

The world has turned upside down:
This column is dedicated to the top managers of American business whose policies and practices helped ensure Barack Obama’s victory. The mandate for change that sounded across this country is not limited to our new President and Congress. That bell also tolls for you. Obama’s triumph was ignited in part by your failure to understand and respect your own consumers, customers, employees, and end users. The despair that fueled America’s yearning for change and hope grew to maturity in your garden.

Millions of Americans heard President-elect Obama painfully recall his sense of frustration, powerlessness, and outrage when his mother’s health insurer refused to cover her cancer treatments. Worse still, every one of them knew exactly how he felt. That long-simmering indignation is by now the defining experience of every consumer of health care, mortgages, insurance, travel, and financial services—the list goes on.

Obama’s Victory: A Consumer-Citizen Revolt, The election confirms it’s time for sober reappraisal and reinvention within the business community. If you don’t do it, someone else will, By Shoshana Zuboff

She identifies Apple as one of the few companies that has actually gotten it about how to do business, with its iPod and iTunes. As we’ve previously seen, this is because Apple gets it that Porter’s Five Forces model of competition breaks when open distribution channels are introduced.

It appears that Mark Anderson, Odile Richards, and William Gibson were right: “See-bare-espace… it is everting.” Cyberspace just elected a president of the United States. And he knows it.

Obama has been publicly in favor of net neutrality for at least a year. And he has not backed off. He’s put Susan Crawford and Kevin Werbach in charge of reviewing the FCC. Now that’s cyberspace inverted indeed!

America’s Punditocracy Expressed Its Shock

29 September 2008, the day the Internet was validated as more influential than the traditional press:
People discovered that to “Change Congress,” you simply need a ballot box – or the threat of one.

All this was reflected on political sites, forums and blogs – but not a hint of this sentiment was expressed by the professional media. So when Congress rejected the Bill on that Monday, America’s punditocracy expressed its shock. It also reported that the markets were “astonished” – the markets being presumed to have a better grasp of what American citizens want than American citizens themselves.

All week, the media had refrained from comment that might embarrass the political class. In fact, the first professional column I read which was reflected the true feelings of many US citizens around me was written from 3,500 miles away and published in London’s Sunday Times.

Sudden outbreak of democracy baffles US pundits, By Andrew Orlowski, The Register, Posted in Government, 3rd October 2008 18:47 GMT

Dinosaurs were probably shocked by mammals, too.

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House Prevents Crash

Acting swiftly, the House prevented the crash yesterday:
“The House of Representatives is currently experiencing an extraordinarily high amount of e-mail traffic. The Write Your Representative function is therefore intermittently available. While we realize communicating to your Members of Congress is critical, we suggest attempting to do so at a later time, when demand is not so high. System engineers are working to resolve this issue and we appreciate your patience.”

House limits constituent e-mails to prevent crash, By Jordy Yager, The Hill, Posted: 09/30/08 01:16 PM [ET]

Oh, that other crash? They haven’t even figured out whether it’s real or not.

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Treasury discloses “secret” documents to spyee defense lawyer

pistole.jpg That’s the problem with secrets. You tell somebody, even somebody who works for you, and eventually they tell someone else:
As I recounted in Salon in July, lawyers for the Bush administration have gone to extreme and even bizarre lengths in their attempts to prevent the federal courts from determining the legality of the president’s warrantless electronic surveillance program. A key problem for them is a top-secret document that the Treasury Department accidentally disclosed to Al-Haramain’s lawyers in 2004. The document confirmed the surveillance of our clients, and thus, we contend, their legal standing to sue as victims of the program.

More evidence of Bush’s spying, Why the White House can no longer hide the truth about its warrantless surveillance of Americans. By Jon B. Eisenberg Salon.com, 12 September 2008

Given thousands (or millions?) of people spied upon, eventually somebody is going to gain a foothold of legal standing to sue.

Oh, my, it gets better:

But since the July 2 ruling, we have discovered additional evidence of surveillance of our clients. In fall 2007, FBI deputy director John Pistole gave a speech at a conference of bankers and lawyers in which Pistole thanked the bankers for their cooperation in giving the FBI financial records for terrorist financing investigations, and then went on to describe the FBI’s 2004 investigation of Al-Haramain. In the text of the speech — which is posted on the FBI’s Web site — Pistole explicitly admitted that the FBI had used “surveillance” among other “investigative tools” in the Al-Haramain investigation, noting that “it was the financial evidence that provided justification for the initial [terrorist] designation” in February 2004.
I’ve got to wonder whether the FBI director didn’t know that he was providing standing, or whether he did it deliberately because he’s tired of this legal charade and wants warrantless wiretapping to stop before the eventual lawsuits tar his agency even more than it already is.

If Al-Haramain wins, perhaps the next step would be to sue the government officials who authorized those illegal wiretaps.

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Selling Out Has Its Party: AT&T Fetes Blue Dogs

2793874065_fd20bc4453.jpg Glenn Greenwald has video of attendees refusing to say who they were or why they were there or what the party was for:
Amazingly, not a single one of the 25-30 people we tried to interview would speak to us about who they were, how they got invited, what the party’s purpose was, why they were attending, etc. One attendee said he was with an “energy company,” and the other confessed she was affiliated with a “trade association,” but that was the full extent of their willingness to describe themselves or this event. It was as though they knew they’re part of a filthy and deeply corrupt process and were ashamed of — or at least eager to conceal — their involvement in it. After just a few minutes, the private security teams demanded that we leave, and when we refused and continued to stand in front trying to interview the reticent attendees, the Denver Police forced us to move further and further away until finally we were unable to approach any more of the arriving guests.

AT&T thanks the Blue Dog Democrats with a lavish party, Glenn Greenwald, Salon, Monday Aug. 25, 2008 11:15 EDT (updated below (with video added) – Update II) Thursday, Aug 28, 2008

The video includes Denver police repeatedly asking accredited press to move away from a public sidewalk.

At another party, an ABC News reporter was arrested while “attempting to take pictures on a public sidewalk of Democratic senators and VIP donors leaving a private meeting at the Brown Palace Hotel.”

Parties like this are part of the lobbying revolving door that makes the U.S. look like a banana republic. I’m picking on Democrats, here, but at least 75% of Senate Democrats (including Hillary Clinton and Joe Biden, but not Barack Obama) voted against the recent bad FISA bill. A much higher percentage of Republicans voted for it.

If he were alive today, Robert Burns would say:

‘We are bought and sold for telecom gold’
Such a parcel of rogues in a nation!

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Viral Viral: Pretending to Cheat Worked Better Than Cheating for Avril Lavigne Fans

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Photo: Arista Records
Avril Lavigne fans push their girl's video to #1 on YouTube by pretending to cheat:
On June 19th, the Avril Lavigne fansite Avril Bandaids launched a “Girlfriend” YouTube Viewer (It’s now been retired) with the intention of making “Girlfriend” the #1 YouTube video of all time. The url that hosted the viewer reloaded the video every 15 seconds. The theory was that Avril fans could load up that url, let it run, and Avril would get the top video spot in no time.

Well, Entertainment Tonight, Perez Hilton, Wired.com, The Globe and Mail, The Sydney Morning Herald, and many others picked up the story and started crying “foul.” How dare this hardcore group choose the number one YouTube video for us!? How dare they! And that’s where this story gets good.

There was no foul. YouTube caps it’s views per specific IP at 200 per day. (That may sound like a lot, but it’s not enough for a small legion of hardcore fans to make a dent in a number approacing 100,000,000.) There was no way they could game YouTube in the way they were purporting; and they knew it all along.

“Girlfriend” Video Tops YouTube With Viral Viral Marketing (not a typo), by Wade, VoltageCreative.com, 20th August 2008

So they leveraged their leverage by provoking media outrage, causing millions of people to watch the video to see what it's about, and now causing a third wave of blog posts, thus producing still more views.

Now that's clever.

Not the sort of thing you'll ever see come out of telcos or cablecos, either.

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Movie King of the Internet: Bad Idea

kong_iup2.jpg Andrew Odlyzko asks what if the duopoly gets its way and completely does away with net neutrality:
But what if they do get their wish, net neutrality is consigned to the dustbin, and they do build their new services, but nobody uses them? If the networks that are built are the ones that are publicly discussed, that is a likely prospect. What service providers publicly promise to do, if they are given complete control of their networks, is to build special facilities for streaming movies. But there are two fatal defects to that promise. One is that movies are unlikely to offer all that much revenue. The other is that delivering movies in real-time streaming mode is the wrong solution, expensive and unnecessary. If service providers are to derive significant revenues and profits by exploiting freedom from net neutrality limitations, they will need to engage in much more intrusive control of traffic than just provision of special channels for streaming movies.

The delusions of net neutrality, Andrew Odlyzko, School of Mathematics, University of Minnesota Minneapolis, MN 55455, USA odlyzko@umn.edu http://www.dtc.umn.edu/odlyzko Revised version, August 17, 2008

Why is that?
But video, and more generally content (defined as material prepared by professionals for wide distribution, such as movies, music, newscasts, and so on), is not king, and has never been king. While content has frequently dominated in terms of volume of traffic, connectivity has almost universally been valued much more highly and brought much higher revenues. Movies cannot be counted on to bring in anywhere near as much in revenues as voice services do today.
The Internet isn't about Sarnoff's Law (broadcast content like TV, radio, and newspapers) or even about Metcalfe's Law (1-n connectivity, like telephone or VoIP): it's about Reed's law, 2n-n connectivity, such as blogs, P2P, and facebook). That's my interpretation; Odlyzko probably wouldn't agree.

Anyway, that video content such as movies is king is one of the primary delusions Odlyzko addresses in this paper. The other is that movies need to be streamed in realtime. It is mysterious why people continue to believe that in the face of the massive evidence BitTorrent and other P2P services that deliver big content in chunks faster than realtime. I can only attribute this second delusion to a bellhead mindset that still thinks in terms of telephone, which was realtime because nobody knew any other way to do it back in the analog-copper-wire-connection day.

As Odlyzko sums it up:

The general conclusion is that the story presented by service providers, that they need to block net neutrality in order to be able to afford to construct special features in their networks for streaming movies, is simply not credible. If lack of net neutrality requirements is to be exploited, it will have to be done through other, much more intrusive means.
So why let the duopoly force a policy on everyone else that won't even work to the advantage of the duopoly?

One way to get net neutrality would be to let the duopoly have its way, and wait for it to implode. However, given that for streaming video to have any chance of succeeding, the duopoly would have to clamp down on everything else to eliminate any competition, I shudder to think what this would mean. The Internet as a source of real news and opinion would go away. Given that the vestigial traditional news media in the U.S. (TV, radio, newspapers) provide so little news, there's a very good chance that most people in the U.S. wouldn't even know how bad they had it as the country sped its slide into parochialism and irrelevance. How many people even know now that the U.S. has slid from #1 to #23 or whatever the latest number is in broadband uptake? If the duopoly is given its head, even fewer would know.

If we let King Kong Telco and T Rex Cableco battle it out to be Movie King of the Internet, where does that leave poor Fay Wray Public?

FCC, FTC, Congress, executive, and courts, not to mention the public, should all read Odlyzko's paper, and should all refuse the duopoly's demand for special privileges that won't even produce profits for the duopoly. Then all of above should legislate, enforce, and maintain net neutrality so we will all profit and benefit. Yes, even the duopoly can win with this.

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Kevin Martin’s Bottle: Weak Ruling Against Comcast Guarantees Court Challenges

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The FCC recently ruled that Comcast has to stop throttling P2P. On the surface, that's a good thing. That Kevin Martin wanted it makes me wonder.

For once I agree with a net neutrality opponent:

By instituting this weird, weak, and barely legal regulation, Kevin Martin will get ‘net neutrality regulation bottled up in the courts for – what – the next five years?

Game, Set, and Match: Martin! by Jim Harper, Technology Liberation Front, 6 Aug 2008

Harper goes on to predict that meanwhile real competition could develop. And pigs could fly, but that's not the point.

This is the point:

The paragraph prior to the provocative line suggesting regulation of universities contains this sentence: “Allowing some Internet service providers to manage P2P traffic – much less to engage in complete blocking of P2P traffic – while prohibiting others from doing so would be arbitrary and capricious.” This is an administrative-law term of art – “arbitrary and capricious.” The use of it tells us that NCTA or Comcast will challenge the FCC’s decision to regulate only one provider of Internet access without regulating all similarly situated.

But Comcast is under a different regulatory regime!, says Harold and the others. Not in an enforcement of this “broad policy statement” thing-y. The FCC is claming free rein to regulate – not authority based firmly in statute – and if it can throw that rein over cable ISPs, it can throw that rein over universities, over Starbucks, and over the open wi-fi node in Harold’s house.

Now, given the free rein that the FCC is asserting, there is a darn good argument that it’s arbitrary (and “capricious”) to regulate only cable ISPs or commercial ISPs in this way. The FCC has to regulate the whole damn Internet this way if it’s going to regulate Comcast.

This is not just theoretical. Fox News recently refused to pay an FCC-imposed fine, saying it was "arbitrary and capricious". Fox cited a previous case in which a federal court slapped down the FCC for fining a show for swearing, saying it was "arbitrary and capricious".

All that plus if a court rules the FCC's recent decision is "arbitrary and capricious", that will be used as a precedent to require universities to regulate content on their networks in favor of big copyright holders, as elements in Congress have been trying to do for about a year now.

I think net neutrality advocates underestimate Kevin Martin at their (and our) peril.

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Boehner’s Latest Crying Jag

20070216-tearfulboehner.jpg Boo hoo:
At least one lawmaker is already crying foul over Friday’s expected Federal Communications Commission’s censure of Comcast for faking internet traffic to limit its customers’ peer-to-peer file sharing.

Republican minority leader Rep. John Boehner said the FCC would be “essentially regulating the internet.”

Lawmaker Cries Foul Ahead of FCC Net-Neutrality Decision, By David Kravets, ThreatLevel, July 31, 2008 | 7:02:45 PM

This is rather like crying foul because courts regulate contracts. I wonder how the free market would operate without them? The Internet free market in applications and services wouldn’t operate very well without net neutrality.

I don’t recall Boehner crying foul when Congress voted to regulate the Internet to require ISPs to hand over every bit (every email, phone call, web page, video, etc.) to the NSA and to legalize them having already done it when it was illegal. No free market talk from him then. Guess he didn’t think the Fourth Amendment was worth crying over, unlike Anna Nicole Smith.

And back in 1995, it was the duopoly ISPs demanding regulation from the FCC, because they wanted to squelch VoIP.

Now they want to squelch everybody else’s P2P and especially online video, except what they get a cut of. They think they can get away with it if the FCC stays out of the way, so now they are against regulation.

Their principles flip-flop kind of like Boehner’s, don’t they? Bunch of cry babies.

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Rogers Hijacks Google Subdomains for Yahoo Ads

rogers-subdomains.png This is pretty blatant:
Rogers, a huge cable internet provider in Canada, has decided to hijack all unregistered domains, and replace them with Yahoo! advertisements. This means Rogers users who type in a domain that doesn’t exist, are now getting Yahoo ads instead of the normal “not found” error.

Interestingly, Rogers also decided to do this with subdomains. So for example, example.google.com now takes you to the following advertising:

Rogers Hijacks Domain Name System, Puts Yahoo! Ads on Google’s Subdomains, John, Blamcast, 20 July 2008

The author points out that this essentially the same thing Verisign did in 2003 until they stopped due to massive backlash.

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