We shouldn't settle for network neutrality. It's a poor substitute for what we had and much less than what we need. Let me explain. There are two topics to discuss. The first is "common carriage," a centuries old legal concept that applied to the US telecom industry throughout most of the 20th century. The second involves communications protocols. Both topics are complex, so I will cover only what's needed to understand why we shouldn't accept network neutrality and why, at a minimum, we should fight for enforcement of existing common carriage rules. more
What surprises me about the Google/Verizon deal is not that they have come to agreement, but that they have taken so long to do so. What they have agreed to is essentially what I proposed they do back in 2006. What Google want and what Comcast, Verizon and the carriers want is not and was not incompatible. more
Responding to recent controversies over Google-Verizon deal, Richard Whitt, Google's Washington Telecom and Media Counsel writes: "Over the past few days there's been a lot of discussion surrounding our announcement of a policy proposal on network neutrality we put together with Verizon. On balance, we believe this proposal represents real progress on what has become a very contentious issue, and we think it could help move the network neutrality debate forward constructively. We don't expect everyone to agree with every aspect of our proposal, but there has been a number of inaccuracies about it, and we do want to separate fact from fiction." more
Google and Verizon have developed a "Proposal" on Internet access which I am sure they expect to serve as a template, starting point and frame of reference going forward. In light of the FCC's judicial reversal in the Comcast case, the absence of substantive progress at the FCC and the unlikelihood of congressional action, two major stakeholder can and have taken the lead. It should come as no surprise that Verizon and Google have emphasized and begrudgingly compromised on their corporate interests. more
News that Google and Verizon are negotiating "better than best efforts" Internet routing probably comes across as a betrayal of sorts to network neutrality advocates. Bear in mind that Information Service Providers ("ISPs") do not file public contracts known as tariffs and have the freedom to negotiate deals with individual clients. On the other hand ISPs, regardless of their FCC regulatory classification, cannot engage in unfair trade practices that achieve anticompetitive goals such a tilting the competitive playing field in favor of a corporate affiliate, or special third party. more
A friend of mine wrote to ask: "The Supreme Court overturned the Jaynes conviction on First Amendment grounds, yes? I'm wondering what that could mean from the spam filtering perspective." Spam filters, and in particular DNS blacklists are intended to prevent e-mail from being delivered. Doesn't the First Amendment make it illegal to block speech? The short answer is no, but of course it's slightly more complicated than that in practice. more
Since the dust has settled from a stinging defeat in federal court, the FCC has decided to move on its own to settle the broadband regulation dispute. With a 3-2 vote the commission issued a Notice of Inquiry that would set the stage for more regulatory authority of broadband. It seems ironic that the motivating factor was the court case brought by Comcast in Federal District Court to immobilize the FCC's efforts to sanction the service provider from throttling Bit Torrent, file sharing customers. more
Jared Newman reporting in PC World: "Wounded from a court decision that stopped the government from regulating Internet service providers, the Federal Communications Commission has announced a new way to gain some control over the broadband industry. The proposal would let the FCC treat Internet transmissions like telephone communications, entailing more oversight, but would prevent government control over Web services, applications and e-commerce sites." 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
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
In a blog post today, Google has announced that they will begin a fiber network experiment of their own. From the announcement: "We're planning to build and test ultra high-speed broadband networks in a small number of trial locations across the United States. We'll deliver Internet speeds more than 100 times faster than what most Americans have access to today with 1 gigabit per second, fiber-to-the-home connections. We plan to offer service at a competitive price to at least 50,000 and potentially up to 500,000 people." 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
Looking back at the year that just ended, here are the top ten most popular news, blogs, and industry news on CircleID in 2009 based on the overall readership of the posts. Congratulations to all the participants whose posts reached top readership in 2009 and best wishes to the entire community in 2010. more