There is increasingly heated rhetoric in DC over whether or not the government should begin to "regulate the internet." Such language is neither accurate nor new. This language implies that the government does not currently involve itself in governing the internet -- an implication which is clearly untrue given a myriad of laws like CFAA, ECPA, DMCA, and CALEA (not to mention existing regulation of consumer phone lines used for dialup and "special access" lines used for high speed interconnection). more
Broadband providers are not taking the recent move by the FCC to reclassify broadband under Title II; i.e., put broadband under its regulation arm along with the likes of telephone companies, very lightly and have come out swinging to stop that effort... Seemingly at issue; an appeal brought by Comcast with the D.C. Court of Appeals and the subsequent defeat of the FCC's perceived role as a broadband regulator, ruling the communication had no authority under current legislation to sanction Comcast over a 2008 Internet throttling incident. more
For administrative convenience and not as required by law, the FCC likes to apply an either/or single regulatory classification to convergent operators. Having classified ISPs as information service providers, the Commission unsuccessfully sought to sanction Comcast's meddling with subscribers' peer-to-peer traffic. Now Chairman Genachowski wants to further narrow and nuance regulatory oversight without changing the organic information service classification. more
This is a reply to Susan Crawford's circleid article "Comcast v. FCC - "Ancillary Jurisdiction" Has to Be Ancillary to Something". I started writing a reply to her article, adding some comments I had and also reminding her that she'd predicted this herself, in an earlier circleid article, but it turned out long enough that I decided to submit it as a circleid post instead. On the whole, the facts agree with this CNET article. This court decision was correct, and expected... more
Big news today - Judge Tatel has written the D.C. Circuit's opinion in Comcast v. FCC, and Comcast wins. Bottom line: The FCC didn't have regulatory authority over Comcast's unreasonable network management practices because it failed to tie that authority to any express statutory delegation by Congress... more
In January we presented the glorious history of the MIT spam conference, today we present the schedule for the first day. Opening session will be from this author, Garth Buren with a topic entitled The Internet Doomsday Book, with details be released the same day as the presentation. Followed by Dr. Robert Bruen with a review of activities since the last MIT spam conference... more
We learned from The Wall Street Journal yesterday that "Federal Communications Commission Chairman Julius Genachowski gets a little peeved when people suggests that he wants to regulate the Internet." He told a group of Journal reporters and editors today that: "I don't see any circumstances where we'd take steps to regulate the Internet itself," and "I've been clear repeatedly that we're not going to regulate the Internet." We're thankful to hear Chairman Julius Genachowski to make that promise. We'll certainly hold him to it. But you will pardon us if we remain skeptical... more
Before, during and after his inaugural speech (January 2009) President Obama spoke of the national benefits of broadband, and the changes which have been set in motion in the US telecoms market that were unheard of even a year ago. During the previous administration the incumbent telcos and cable companies had been given more freedom. As a consequence, innovation and competition dwindled and the US was no longer a leader in telecoms... However, since that time, the White House has lost some of its initial leadership. more
The debate around Network Neutrality is sometimes simplified as carriers against content providers, the owners of networks against the businesses that have grown due to Internet connectivity. So it was interesting to read that Google and Verizon filed a joint submission to the FCC last week, laying out in detail how the two companies agreed on many issues regarding an "Open Internet." more
It seems like there's a different headline story about Google every day lately, and there's a lot here that service providers should be paying attention to. The launch of Nexus One around CES earlier this month is especially important for all mobile operators as well as the handset vendors partnering with them. A few days later, we started hearing noise about Google Energy. more
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