Net Neutrality

On Search Neutrality

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

The FCC Under Trump - A Long Shot

In May 2013, President Obama picked Tom Wheeler to head the Federal Communication Commission. The Internet community generally disapproved because Wheeler had been a lobbyist for both the cellular and cable industries and a major contributor to the Obama campaign. Internet service providers AT&T and Comcast lauded the appointment and a few months later, the President was spotted playing golf with Brian Roberts, chief executive of Comcast. more

AT&T CTO Donovan: We Need Non-Discrimination

"Outside applications need to be on an equal footing with our own applications," John Donovan said at a SUPERCOMM keynote here in Chicago. "My jaw dropped," one of his colleagues told me a few minutes later, because this is a reversal of AT&T's long-standing position they needed to be able to favor their own applications. AT&T D.C. needs to listen closely to their own CTO, because they are throwing everything they have in D.C. at preventing "non-discrimination" being included in the FCC Net Neutrality regulations. more

The Next Network Policy Battle

I've said it before, and I'll say it again. The biggest threat to the Internet innovation ecosystem from network operators is not discrimination but terms of interconnection. Metered billing, bandwidth caps, and wholesale transit fees can all be implemented consistently with net neutrality rules. And in practice, net neutrality will be limited to "legal" content... more

CRTC Denies CAIP Application on Throttling, But Sets Net Neutrality Hearing

This morning, the CRTC issued its much-anticipated ruling in the CAIP v. Bell case, the first major case to test the legality of Internet throttling. The Commission denied CAIP's application, ruling that Bell treated all of its customers (retail and wholesale) in the same throttled manner. This points to the challenge in this case -- it was not about discriminatory network practices per se, but rather about wholesale shaping in a specific context. more

Ed Richards of Ofcom on Net Neutrality

Ed Richards, Chief Executive of Ofcom, was at Columbia today... NN (Net Neutrality) debate does give us insight into importance of disclosure to consumers -- consumers should be able to switch providers, and they should know which ISPs are making prioritization decisions. This should be an obligation of suppliers to communicate this information to consumers. In particular, he says that Ofcom is actively exploring whether network operators whose traffic shaping activities change materially should have to tell consumers -- and if these changes are significant consumers should be allowed to break their contracts with the provider without penalty... more

Canada Leads World With Net Neutrality Regulatory Framework

There is a difference between rhetorical leadership and actually instituting regulations. As the Canadian Radio-television Telecommunications Commission (CRTC) chair Konrad von Finckenstein said on October 21: "Canada is the first country to develop and implement a comprehensive approach to internet traffic management practices." In a regulatory policy decision, the CRTC affirmed that it already has sufficient legislative authority within Canada's Telecom Act to police discriminatory practices by ISPs. Similar clauses do not exist in US legislation. more

First Impression: FCC Rules for the 700MHz Auction

The FCC has issued rules which will govern the auction of valuable radio spectrum which could make a huge difference in the price and quality of communications in America. The glass is definitely half something: I'd say closer to empty than full but there are some things to like and some hope for competition. The decision is a compromise. Republican Chairman Martin was joined by Democrat Commissioners Adelstein and Copps in setting some open access conditions for 22MHz out of the 62MHz which will be auctioned. Republican Commissioner Tate reluctantly went along with these conditions and Republican McDowell voted against them. more

Comcast Xfinity App Argument: Risking Divestiture of Cable or Broadband

This sounds extreme, but Comcast continues to push the boundaries in separation of its broadband service with its cable service. It is walking a thin line between being a broadband provider, offering fast Internet access to millions of subscribers, and treating its Xfinity Xbox 360 App as a priority over customers not having its cable service. Saying the Xbox 360 is just another set-top-box for its own customers is just a complex way of undermining Net Neutrality rules as defined by the FCC upon the companies purchase of NBCU. more

From “Network Neutrality” to “Sender Pays”, the Principles Remain Much the Same

The entire set of issues of network neutrality, interconnection and settlements, termination monopolies, cost allocation and infrastructure investment economics is back with us again. This time it's not under the banner of "Network Neutrality" but under a more directly confronting title of "Sender Pays." The principle is much the same: network providers want to charge both their customers and the content providers to carry content to users. more

US House and Senate Democratic Leaders Announce Bill to Restore Federal Net Neutrality Rules

The United States House and Senate Democratic leaders are about to unveil new legislation today proposing to restore federal net neutrality rules on Internet providers. more

Broadband Giants Stay Neutral on Network Funding

It looks as if the big boys like AT&T, Verizon and Comcast are passing on the stimulus money. The official reason is that they don't need it, that they enough cash on hand to build out their networks on their own. Fair enough. Perhaps the funding should be reserved for those more in need, those that just need a boost to fund a new business model or expand service. But there are probably other reasons. more

Why Telecoms Regulators Must Ignore ‘Lawgeneers’

My attention was drawn recently to the article Europe Is About to Adopt Bad Net Neutrality Rules. Here's How to Fix Them by Barbara van Schewick from Stanford Law School. Much as I would like to spend my morning doing other work, I can see imminent harm that these (and many similar) proposals cause to the public. As a responsible professional and native European, I would like to summarise why it is imperative for EU regulators to ignore these siren calls (if they want to retain their legitimacy). more

Unbridled Discretion and Prior Restraint: The Verizon and Comcast Stories

Let's say that providing communications infrastructure is an inherent function of a state. Most people think of the internet as a telephone system, and most people think the telephone companies aren't supposed to choose which calls will go through based on their content. People think that because they think internet access, like telephone access, is a utility -- like electricity conduit, water pipes, etc. -- that has something to do with the government, and the government isn't supposed to discriminate. more

NGOs, Academics Warn Against EU’s Deep Packet Inspection Problem, at Least 186 ISPs Breaking Rules

European Digital Rights organization (EDRi) along with 45 NGOs, academics and companies from 15 countries sent an open letter to European policymakers and regulators on Wednesday warned against the widespread use of Deep Packet Inspection (DPI) technology by Internet service providers in the EU. more