Net Neutrality

Plumbing Neutrality

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

Wrong on the “Exaflood,” Wrong on Network Neutrality

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

Tinkering Without Tampering: Wrestling With Convergence and Communications Policy (Transcript)

Our world finds itself at a critical juncture. Both trillions of dollars and the future of human communications including fundamental access to it are at stake. For telecom operators and media outlets there is not a migratory way from where we are to the future. There is a clear consumer shift underway that runs in the opposite direction to that of telecom and media incumbents; emergent social practice is increasingly clashing with the very structure and desires of incumbent players... It was for these reasons that one of the six keynote speakers invited to Spring 2009 Emerging Communications Conference (eComm) in San Francisco was Richard Whitt, Google's Washington Telecom and Media Counsel. His keynote was entitled, Tinkering without Tampering: Wrestling with Convergence and Communications Policy... more

Bad Timing: Comcast, Netflix, NN, Cable Modems, and NBCU

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

The EFF and Hanlon’s Razor

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

Broadband Initiatives: Impact Will Depend on Wireless and Fixed Strategies

Broadband; we want it, and we all depend on it; but where you live can impact access and adoption of the best that service providers have to offer. The FCC is looking to change both geographic and demographic limitations now plaguing the U.S. in the global race for broadband economic supremacy. Can a combination of a fixed and wireless-mobile strategy improve broadband economic viability by increasing access, adoption, and affordability across the broadband spectrum? more

Toughest State-Level Net Neutrality Bill in the US Approved by California Senate

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

Obama’s Broadband Plan Will Fail

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

Network Neutrality Becoming a Major Concern for Europe’s Governments

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

Internet Regulation in the Age of Hyper-Giants

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

Human Network, Human Challenges

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

One Good Outcome from the Wall Street Journal: Google Flap

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

More on 700 MHz Block C Hits Reserve Price

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, FCC, and White Spaces: The Good and Not So Good News

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

The Net Neutrality Reversal Order: Why the FCC Will Prevail

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