T-Mobile filed a petition today making it clear that the FCC's commercial reasonableness standard is a failure. Anyone following net neutrality knows that the FCC is proposing to authorize discrimination and pay-for-priority deals known as fast lanes. The FCC is claiming we need not worry, however, because the FCC can make sure that entrepreneurs and users face only "commercially reasonable" discrimination. more
People working on net neutrality wish for a "third way" — a clever compromise giving us both network neutrality and no blowback from AT&T;, Verizon, Comcast and others. That dream is delusional because the carriers will oppose network neutrality in any real form; they want paid fast lanes. They have expressed particular opposition to "Title II" of the Communications Act — something telecom lawyers mention the same way normal people might reference the First or Second Amendments. Title II is the one essential law to ban paid fast lanes. more
It's been an interesting couple of months in the ongoing tensions between Internet carriage and content service providers, particularly in the United States. The previous confident assertion was that the network neutrality regulatory measures in that country had capably addressed these tensions. While the demands of the content industry continue to escalate as the Internet rapidly expands into video content streaming models, we are seeing a certain level of reluctance from the carriage providers to continually accommodate these expanding demands... more
It appears that the FCC will permit exceptions to the standard, plain vanilla best efforts routing standard for Internet traffic, such as the paid peering arrangement recently negotiated between Comcast and Netflix. In both academic and applied papers I have supported this option, with several major conditions... With no opposition that I have seen, companies like Akamai offer better than best efforts routing of "mission critical" traffic from content source to last mile, "retail" Internet Service Providers. more
A lot of people have been talking about the "interconnection" deal between Comcast and Netflix and whether that deal is related to network neutrality. (It is.) This question comes partly because the FCC's 2010 Open Internet Order (also known as the network neutrality order) was recently struck down. So network neutrality lands back at the FCC, with a new Open Internet proceeding, at the same time Netflix starts working so poorly on Comcast that Netflix had to cut a special deal with Comcast. more
Soon after capitulating to Comcast's surcharge demand for improved treatment of its traffic, Netflix got better downstream delivery speeds. Apparently Comcast did not have to undertake a major bandwidth expansion program. Much to the immediate relief of Netflix, Comcast merely needed to allocate more ports for Netflix traffic. So with a reallocation of available bandwidth, Comcast solved Netflix's quality of service dilemma apparently without degrading service to anyone else, upstream or downstream. more
Anyone who expected that with the end of the Dubai ITU World Conference on International Telecommunications (WCIT) in December 2012, the heated debate on the future regulation of the Internet will slow down should remember to fairytale of the battle of the knight with the seven-headed dragon. Hardly a head is cut off, another is growing. In 2013 the discussion on Internet freedom will likely gain in sharpness. more
In recent months there's been a robust and apparently well-funded debate about the legal status of search engine results, in particular Google's search results. On Tuesday, Tim Wu, a well-known law professor at Columbia weighed in with an op-ed in the New York Times, arguing that it's silly to claim that computer software has free speech rights. Back in April, equally famous UCLA professor Eugene Volokh published a paper, funded by Google, that came to the opposite conclusion... more
Representatives of both AT&T and Verizon have stated that their companies will soon offer "toll free" broadband services. So far they have not provided much detail, but the prospect for customer and content provider surcharges should trigger concern, even outside the context of the network neutrality debate. First let's consider the frame the carrier reps use: "Toll Free." This is an old school "Bellhead" reference... more
There is such a huge volume of genomics (DNA related data) and bio-informatics data being produced that it cannot be transferred over commercial Internet networks, and instead organizations are using FedX and other sneaker nets to ship the data. The same crisis in data volumes is also occurring in the climate modelling and other fields as well. Research and Education (R&E) networks for many years have been warning about this coming data tsunami. more
Is desktop anti-virus dead? Someday I'd love to make that announcement, but it still feels to me that there's a Patron Saint of Voodoo with an affinity for bringing it back to life -- like some macabre mirror image of the malicious zombies it's supposed to provide protection against. It's kind of ironic that today's innovation in desktop anti-virus isn't really happening at the desktop; rather it's occurring in the cloud. more
It didn't take long for criticism of the Verizon/Google net neutrality proposal to start pouring in. "nterest groups, bloggers, and even Google fanboys [have started] discrediting the plan" according to one trade publication. Although most of the commentary simply echoes various groups' long-held positions, the Electronic Frontier Foundation, the nation's foremost cyber-rights watchdog, provided a crucial insight about the plan that goes to the core of the net neutrality issue. more
It's hard to know what to make of the Google/Verizon deal since until earlier today both companies have denied that there is one. And it's hard to argue about net neutrality because it means so many different things to different people. I've got lots of reading to do to catch up on the newly released set of principles from the companies, but in the meantime here are a few thoughts on the topic. more
Should Google's provision of information services be regulated? Yes, if the decision is based on Google's own standards for determining whether to regulate tele-information companies. In recent comments to the FCC, Google described "broadband openness" rules, aka net neutrality, as a "fundamental necessity." Without such rules, the search engine giant, aka Big Search, fears that broadband providers would "promote only their own pecuniary interests over the far broader interests of Internet users..." As the Wall Street Journal noted last year, however, Google engages in the same type of discriminatory service practices they want the federal government to prohibit... more
Following his State of the Union Speech last week, Obama was asked a number of user-submitted questions via prepared via YouTube. Popular questions included the issue of open internet and neutrality, to which Obama responded: "I'm a big believer in Net Neutrality. I campaigned on this. I continue to be a strong supporter of it. My FCC Chairman Julius Genachowski has indicated that he shares the view that we've got to keep the Internet open..." more
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