My weekly Law Bytes column (Toronto Star version, freely available version) examines the growing trend toward a two-tiered Internet, which upends the longstanding principle of network neutrality under which ISPs treat all data equally. I argue that the network neutrality principle has served ISPs, Internet companies, and Internet users well. It has enabled ISPs to plausibly argue that they function much like common carriers and that they should therefore be exempt from liability for the content that passes through their systems. ...Notwithstanding its benefits, in recent months ISPs have begun to chip away at the principle.
Doc Searls has written a brilliant piece framing the battle for the 'Net at Linux Journal. The piece is long, but if you take the time to read just one essay on the 'Net and the politics surround it this year, read this one. If you're involved in public policy, it's especially important that you take the time to understand what's at stake here. One of Doc's main points: we haven't framed the conversation correctly and our poor choice of words makes the argument seem overly technical and arcane when it's really about freedom, markets, and innovation.
In a U.S. congress hearing held yesterday November 9th, significant focus was projected on "network neutrality" and a new telecommunications bill affecting the Internet. "This bill could fundamentally alter the fabulously successful end-to-end Internet," says Alan Davidson in the post on Google blog. Vint Cerf was not able to testify because of the Presidential Medal of Freedom award ceremony at the White House, but submitted the following letter to the hearing...
Is it just a coincidence that some of the leading Internet-based application companies are pushing aggressively into network connectivity at exactly the same time the major telephone companies are pushing into content? Or are we witnessing the end of the Internet as we know it? Think back to the online world fifteen years ago. There was AOL, there was Compuserve, there was Prodigy, and there was Apple's eWorld. Sure, there were researchers and students posting to Usenet newsgroups and navigating through Gopher sites, but the Internet was a sideshow for individuals and business users. ...the online world of those days was fragmented and small. Every online service was an island. Are we going back to those days?
What would duopoly providers of internet access really like to have? They'd really like to be paid for providing non-commodity services. They'd really like to be rewarded for running the network, top to bottom. "But that's not possible," you say. No provider can tell one packet from another. Providers can only block the ports used by applications they don't like, and that's a clumsy, unwinnable arms race. The applications can always switch to common and useful ports, and no provider wants to alienate its subscriber base. But what if providers could inspect the contents of packets, without using too much computational power, and discriminate among applications? "Naah," you say. "They can't possibly do that."...
I've been trying to avoid writing about the Internet as such. With as "At the Edge" I'm looking at larger issues but can't escape writing more directly about the Internet. It seems as if everyone wants a say in Internet policy without distinguishing between technical and social issues. Today the term "The Internet" or, for many simply "Internet" is more of brand than a term for a specific technology and its implications. It has become too easy to talk about the Internet in lieu of understanding. We also see the converse -- a failure to recognize "Internet" issues.