One year ago, in late 2017, much of the policy debate in the telecommunications sector was raised to a fever pitch over the vexed on-again off-again question of Net Neutrality in the United States. It seemed as it the process of determination of national communications policy had become a spectator sport, replete with commentators who lauded our champions and demonized their opponents. more
Today, in response to "It’s The Internet Stupid", Richard Bennett highlights (on the IP List) something I've noticed even among other advocates of 'Net Neutrality' (and how I've come to detest the term after its widespread and misguided overuse). Legislating against the concepts of Deep Packet Inspection (DPI) or other preferential treatment of packets is not the brightest thing to do. I've seen others draw analogies to gun control using the 'guns don't kill people' argument... more
Just got this email reporting the speech made by former FCC Chairman @ F2C organized by David Isenberg. "Former FCC chairman Michael Powell is up on the stage at the Freedom to Connect conference right now, and he warns the tech elite crowd here not to be naive about the dangers of asking Congress for legislation on Net Neutrality. As he explains..." more
Doc Searls has written a brilliant piece framing the battle for the 'Net at Linux Journal. The piece is long, but if you take the time to read just one essay on the 'Net and the politics surround it this year, read this one. If you're involved in public policy, it's especially important that you take the time to understand what's at stake here. One of Doc's main points: we haven't framed the conversation correctly and our poor choice of words makes the argument seem overly technical and arcane when it's really about freedom, markets, and innovation. more
On Tuesday (November 30) Internet backbone provider Level3 publicly accused cable-based ISP Comcast of trying to thwart competing video services delivered through the internet. Comcast was, according to Level3, suddenly choosing to charge it more because of its carriage of Netflix traffic. The accusation was consciously framed to raise net neutrality alarms. It appeared as if a cable TV giant was using its control of internet access to make access to a competing, over the top video service more expensive... Then the full story came out. 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
The new year is upon us and it's time for our annual look at CircleID's most popular posts of the past year and highlighting those that received the most attention. Congratulations to all the 2016 participants and best wishes to all in the new year. more
Today the FCC is condemning Comcast's practices with respect to P2P transmissions.I'm happy for FreePress and Public Knowledge today, and I know they have achieved a substantial change in the wind. The basic idea that it's not okay for network access providers to discriminate unreasonably against particular applications is now part of the mainstream communications discourse. That has to be good news. I'm concerned on a couple of fronts. The FCC has taken the view that it can adjudicate, on a case-by-case basis, issues that have to do with "Federal Internet Policy." They used that phrase several times... more
At the NANOG meeting in Baltimore this week I listened to a presentation by Patrick Gilmore on "The Open Internet Debate: Section 706 vs Title II." It's true that this is a title that would normally induce a comatose reaction from any audience, but don't let the title put you off. Behind this is an impassioned debate about the nature of the retail Internet for the United States, and, I suspect, a debate about the Internet itself and the nature of the industry that provides it. 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
My weekly Law Bytes column (Toronto Star version, freely available version) examines the growing trend toward a two-tiered Internet, which upends the longstanding principle of network neutrality under which ISPs treat all data equally. I argue that the network neutrality principle has served ISPs, Internet companies, and Internet users well. It has enabled ISPs to plausibly argue that they function much like common carriers and that they should therefore be exempt from liability for the content that passes through their systems. ...Notwithstanding its benefits, in recent months ISPs have begun to chip away at the principle. more
The Tyee, an independent on-line magazine based in BC wrote a story about net neutrality more than a year ago, noting that most Canadians are sleeping through the debate. They followed up again last week. Despite what is called a "perfect storm of events that may crystallize the issue for consumers, businesses, politicians, and regulators," there hasn't been an overwhelming outcry, despite extensive press coverage of the most recent network activities. There are a number of voices who present a conspiracy theory on traffic shaping in Canada... more
In a move to be celebrated by many of us with a VoIP background, the United States Federal Communications Commission (FCC) announced today the appointment of Henning Schulzrinne as Chief Technology Officer (CTO). As the release indicates, Henning's role as CTO will be to: ...guide the FCC's work on technology and engineering issues, together with the FCC's Office of Engineering and Technology. 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
Comcast has been in the news recently for deliberately "slowing down" some subscribers and applications in its broadband cable service. There was an article in the Washington Post today updating the case, and there was a recent article in Network World that actually favors the groups filing the complaints and calls for the FCC to crack down on Comcast. more
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