Net Neutrality

Canadians Aren’t Buying Into Net Neutrality

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

The Search for Net Neutrality

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

Comcast vs the FCC - A Reply to Susan Crawford’s Article

This is a reply to Susan Crawford's circleid article "Comcast v. FCC - "Ancillary Jurisdiction" Has to Be Ancillary to Something". I started writing a reply to her article, adding some comments I had and also reminding her that she'd predicted this herself, in an earlier circleid article, but it turned out long enough that I decided to submit it as a circleid post instead. On the whole, the facts agree with this CNET article. This court decision was correct, and expected... more

As the Comcast Saga Unfolds, Be Careful What You Wish For

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

New Chapter Working Groups Open Closed Doors

One thing was clear from a recent presentation by the new leaders of the SF-Bay Internet Society (ISOC) Chapter Working Groups: inclusion and collaboration will be the key to these groups' success. As Dr. Brandie Nonnecke, the Internet Governance Working Group (WG) Chair said, "We haven't yet cracked the code on what 'multistakeholder' means." But that won't stop her and Dr. Jaclyn Kerr, the Data Protection, Privacy, and Security WG Chair, from trying. more

Zero-Rating vs. The Internet

Reading about the EU Neutrality vote, I'm reminded of the challenge faced by traditional telecommunications regulators in understanding the very concept of the Internet. To put it bluntly zero-rate is a policy framed in terms of Minitel and setting the price based on what phone number is dialed and not at all about the Internet where the value is determined by relationships entirely outside of a network. more

Outcome of UK IGF 2014 As I Saw It

The UK IGF was held on 1st July 2014 at St. Ermin's hotel, London, England. The Nominet Chair Baroness Rennie Fritchie gave the sponsor's welcoming remarks. She said "The IGF provides an opportunity for discussion, dialogue, divergent views, and encourages people to speak-up". The event had about 50 participants. The Minister for Culture, Communication and the Creative Industries Hon. Ed Vaizey, MP gave his keynote speech and fielded questions from participants. more

FCC and Comcast: Reasonably Vague

So, the FCC will recommend that Comcast be "punished" or receive "sanctions" for its peer-to-peer throttling practice. And the network neutrality debate goes on, as does its ambiguities and vagueness. Even if you hate Comcast and agree with the net neutrality argument and the FCC's decision, one thing Comcast is correct in saying is that "reasonable network management" specified by the FCC in network neutrality policy set in 2005 is vague. Actually, the term "network management" by itself is broad before you even try to interpret what is meant by "reasonable", and it is not exactly correct in its application here... more

Comcast’s Wrong Approach

Internet Service Providers (ISPs) have to do a lot more than just provide a pipe from your residence to their facilities to assure that you have a good Internet experience. There is a raging debate, inextricable from the debate on Network Neutrality, both on what the proper responsibilities of an ISP are AND what methods are proper for carrying out those responsibilities. more

Are the TISA Trade Talks a Threat to Net Neutrality, Data Protection, or Privacy?

On December 17th a US proposal for online commerce in a major trade negotiation, the Trade in Services Agreement ("TISA") leaked. A flurry of press releases and opinion pieces claim that TISA is a threat to the Internet. The headlines are lurid: "TISA leak: EU Data Protection and Net Neutrality Threatened" and "Leaked TISA text exposes US threat to privacy, civil rights"... Because I've spent years in Geneva regularly meeting with and advising negotiators on the networked economy I have a very different perspective. more

The Importance of IP Resource Planning in Government ICT Strategic Plans

It seems everywhere I turn, there's someone throwing around statistics for how the Internet and broadband will drive economic growth, create jobs, end world hunger and bring world peace (ok, maybe not the later). Sure enough, government officials are buying into that rhetoric and extending it in initiatives like national broadband strategies, cybercrime and cybersecurity plans as well as e-governance strategies. more

The One Reason Net Neutrality Can’t Be Implemented

Suppose for a moment that you are the victim of a wicked ISP that engages in disallowed "throttling" under a "neutral" regime for Internet access. You like to access streaming media from a particular "over the top" service provider. By coincidence, the performance of your favoured application drops at the same time your ISP launches a rival content service of its own. You then complain to the regulator, who investigates... It seems like an open-and-shut case of "throttling" resulting in a disallowed "neutrality violation". Or is it? more

P2P: Boon, Boondoggle, or Bandwidth Hog?

Depending on whom you ask, peer-to-peer (P2P) services may be the best thing that ever happened to the Internet or a diabolical arbitrage scheme which will ruin all ISPs and bring an end to the Internet as we think we know it. Some famous P2P services include ICQ, Skype, Napster, and BitTorrent. Currently a new P2P service called iPlayer from BBC is causing some consternation and eliciting some threatening growls from British ISPs... more

Network Neutrality in the Wireless Space

There's been a tremendous amount written about the Google-Verizon joint proposal for network neutrality regulation. Our commentary at the EFF offers some legal analysis of the good and bad in this proposal. A lot of commentary has put a big focus on the exemption for wireless networks, since many feel wireless is the real "where it's gonna be," if not the "where it's at" for the internet. more

MIT 2010 Spam Conference Starts Tomorrow…

In January we presented the glorious history of the MIT spam conference, today we present the schedule for the first day. Opening session will be from this author, Garth Buren with a topic entitled The Internet Doomsday Book, with details be released the same day as the presentation. Followed by Dr. Robert Bruen with a review of activities since the last MIT spam conference... more