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

Flushing the ‘Net Down the Tubes

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

Powell Warns Net Neutrologists Not to Be Naive

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

SIP Co-Author Henning Schulzrinne Appointed CTO of the FCC

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

Does the First Amendment Forbid Spam Filtering?

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

What is Light-Touch Regulation?

One thing I've noticed recently is that a lot of people are climbing on board the idea of building better broadband to rural America. Many people seem to think that the FCC can somehow act to fix a lot of the shortcomings of rural broadband - but in doing so, they have missed the entire point of what the FCC calls 'light-touch' regulation - because, from a practical perspective, broadband is not regulated at all. 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

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

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

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

Welcome to Notflix! Your Streaming-Free ISP with the Best Quality of Experience!

It has been widely taken as "obvious" that a "no blocking" rule for ISPs is a good regulatory policy. Is this really the case? Does it save consumers from harm... or cause harm? Netflix has reached the point of being well over 30% of Internet traffic at peak time for some ISPs. This places three costs on the ISP and its users... So for someone who isn't a streaming video user, they are paying a share of the direct costs. 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

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

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