Comcast, the largest broadband provider, largest pay-TV company, and third-largest telephone company in the country, distributes communications services to more than a third of the country. Today Comcast's existing overwhelming market power was on display in major public battles with (1) Level 3 and (2) cable modem manufacturer Zoom. The takeaway from today: No market forces are constraining Comcast -- or any of the other major cable distributors, none of which compete with each other. more
I've been having arguments about Network Neutrality with a lawyer. My position is that you can't adequately regulate ISPs to be neutral, because there's no agreement what "neutral" means in practice. He points out that the courts aren't interested in technical details like what packets are dropped, it's that all traffic has to be treated the same, and ISPs should just figure out how to do that. So I contemplated a city with Plumbing Neutrality with the simple rule that all people must be treated the same... more
The EFF has just posted a shallower than usual deeplink alleging an "email encryption downgrade attack" by ISPs intent on eavesdropping on their customers. They, along with VPN provider Golden Frog, have additionally complained to the FCC reporting this. Here, they've just noticed something that's common across several hotel / airport wifi networks... more
There is no single definition of network neutrality, though generally it is recognised as the principal that there should be no restrictions by fixed and mobile ISPs, or governments and the like, in providing consumers with access to internet networks. Nor should there be restrictions or discrimination against associated content and platforms. A number of European regulators and governments are now making forthright statements defending the principal. more
The California Senate on Friday voted to approve the toughest state-level net neutrality bill in the U.S. and now with both legislative houses having approved the bill, California Governor Jerry Brown has until September 30 to sign it into law. more
In 2007, Johna Till Johnson, president of Nemertes Research, published a paper that hyped a so-called "Exaflood" - a kooky Discovery Institute idea about how the Internet would drown in its own data. The Nemertes press release on the paper was widely reported in newspapers. It described itself as a "... landmark study ... groundbreaking analysis ... evidence the exaflood is coming... It said: "The findings indicate that by 2010 ... users could increasingly encounter Internet "brownouts" or interruptions to the applications they've become accustomed to using on the internet." more
As we enter the seventh round of the net neutrality fight, advocates continue to make the same argument they've offered since 2002: infrastructure companies will do massive harm to little guys unless restrained by strict regulation. This idea once made intuitive sense, but it has been bypassed by reality. ... When Tim Wu wrote his first net neutrality paper, the largest telecoms were Verizon, AT&T, and SBC; they stood at numbers 11, 15, and 27 respectively in the Fortune 500 list. more
We stand by our analysis from March 2010, in which we indicated that a national wireless broadband plan remains a second-class option as the infrastructure for the emerging digital economy in America. In his State of the Union address President Obama set the goal of enabling businesses to provide high-speed wireless services to at least 98% of all Americans within five years. To pay for this the government hopes to raise nearly $28 billion from spectrum auctions. more
It has now been about eight months since I joined the Internet Society as the Director of Deployment & Operationalization and I still get asked on a fairly regular basis "what do you do?" Well, with ISOC's Chief Internet Technology Officer Leslie Daigle's recent departure, and with my time here having exceeded both my first 120 days and my first 6 months, this seems like the right moment to reflect on my brief tenure here so far and perhaps pontificate a bit on where we're going - and why. more
This is big... For the upper band C Block, the FCC mandated that any winning licensee have in place "no locking" and "no blocking" provisions conditioning its use of this spectrum: "Licensees offering service on spectrum subject to this section shall not deny, limit, or restrict the ability of their customers to use the devices and applications of their choice on the licensee..." The no-locking, no-blocking requirements were hedged in by substantial limitations... But it's still important... Particularly if Google is the winning bidder, something we may not know for a month or so. more
Julius Genachowski, Obama's nominee to head the FCC, is a friend of Fred Wilson. Fred gives ten reasons why he likes the nominee on his blog. Genachowski was a top technology advisor to Obama during his campaign and reportedly advised the campaign on its superb use of the Internet. He is also a supporter of "net neutrality" although the devil is in the details on that issue. Even though the nominee is a lawyer, he has business experience as a VC, as an Internet executive, and as a board member of various Internet companies -- all good reasons to be hopeful about this very important policy post. That's the good news. The bad news from several days ago... more
On Monday the Wall Street Journal published an article alleging that Google was trying to arrange a "fast lane for its own content" with telecom carriers and contending that Google and Professor Lessig were in the midst of changing their position on network neutrality policy. The WSJ reporters received a lot of flak for the piece -justifiably so. There was no real "news" in this news article. more
I've been reading the kerfuffle around Comcast's blocking of various random network protocols with interest. Whilst I remain convinced that blanket "network neutrality" legislation remains just a form of digital gripe water (cures colic for cybernauts), there's clearly a problem. As I previously alluded there's a definite consumer protection issue over what you buy when it says 'Internet' on the tin. So here's tuppence worth of additional input... more
It is now out -- all 539 pages entitled "Declaratory Ruling, Report and Order, and Order" (Reversal Order). As someone who has dealt with this subject matter at a working level over the past 40+ years, it seems clear that the FCC will readily prevail here and the protagonists need to move on. (Admittedly that is wishful thinking given the appellate revenue to be made and press blather opportunities.) The document from a Federal Administrative Law perspective is very thorough and well-crafted. more
The time was - way back around the turn of the century - when all Internet companies believed that the Internet should be free from government regulation. I lobbied along with Google and Amazon to that end (there were no Twitter and Facebook then); we were successful over the objection of traditional telcos who wanted the protection of regulation. The FCC under both Democrats and Republicans agreed to forbear from regulating the Internet the way they regulate the telephone network; the Internet flourished, to put it mildly. more
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