Op-Ed - Network Neutrality and 2A

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rwc

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A THR appropriate take on a very atypical issue.
rwc

What The Misguided Have Missed Regarding Network Neutrality

by
Craig Fields

The concept of Network Neutrality has unfortunately been misunderstood by many conservatives, libertarians, and other champions of the free market. That's too bad, because the free market essence of the Internet is exactly what would be lost without Network Neutrality.

The large telecoms, some politicians and a number of conservative pundits have characterized the push for Network Neutrality as a left-wing attempt to stifle innovation and put government bureaucrats in control of the Internet. Well, it's not. Through my work with Gun Owners of America, I am demonstratively a lot further to the right than they are.

It is true that the largest member of the coalition looking to regain Network Neutrality is MoveOn.org -- and they are usually my political enemies. But Gun Owners and groups like Brent Bozell's Parents Television Council have done did what many on the right don't seem to have: our homework.

One of the most telling points is that what the coalition is trying to get codified is what we have had all along as the Internet was developed. In all of those years, Network Neutrality was policy... until August of 2005, when the FCC changed the rules. How can this policy stifle innovation and competition when the Internet has been a roaring success in those areas for decades?

The real problem is that we are under a distorted market from the get-go. Government is setting the rules. The result has been a government-supported oligopoly. We are lucky that those controlling physical access to the Internet have been forced to give every purchaser of bandwidth equal access -- it doesn't matter whether Gun Owners or the Brady Center is purchasing a T-1: all T-1 purchasers pay the same for the same level of service. And moreover, the phone company has to tough it if they don't like what is being done with that bandwidth (such as this column).

This goes all the way back to Ma Bell -- after all, the physical infrastructure of the Internet is the nation's phone lines. And just as I-95 is the only Interstate we have between Richmond and the Beltway, no one is going to build a competing physical Internet.

But people are going to build new Burger Kings along the highways. Suppose, however, that AT&T owned I-95. And that they inked an exclusive deal with Wendy's. Or bowed to pressure from food Nazis and said no burgers at all from Florida to Maine.

What we think of as the free market nature of the Internet is only possible because the oligopoly has been forced to keep its hands off of what actually gets done with the infrastructure they control.

In a truly free market, Network Neutrality would not be necessary, as good old American competition would drive the very best service up the ladder of success. But as long as government is setting the rules for a handful of companies, the rules have to include statutory Network Neutrality to ensure those companies can't unilaterally shut down what the innovators are doing. If they had any choice, telephone companies would not have allowed Instant Messaging or Voice over Internet -- those things directly compete with their largest moneymaking service!

But it can be worse than that. Large telecoms have internal anti-gun policies. If they were allowed to, what's to stop them from slowing or blocking content they disagree with? Something similar recently happened, when AOL was caught blocking e-mails urging people to sign a petition against one of its policies.

The disruptions to the free and open Internet don't have to be political in nature, and most won't be. Most will simply crush anyone desiring to compete by stopping them at the gate -- since the telecoms will be the gatekeepers. For instance, suppose you've developed the absolutely killer streaming video firmware. But Verizon has its money sunk into its own, inferior product. With Network Neutrality in place, they can't deny you the chance to buy the bandwidth you need to prove your product superior. Without a defined level playing field, however, Verizon could alter the very skeleton of the Internet to where you wouldn't have a chance.

Since there is officially no Network Neutrality at the moment, some misinformed folks have said that proponents can't point to any instance of underhanded tactics. What they may not know is that we're under a 1-year moratorium before the August 2005 new definitions from the FCC making such a thing possible go into effect. Plus, Congress is just starting to work on a MAJOR restructuring of laws governing cable and Internet franchises. Those in the oligopoly knew this fight was coming; of course they're going to wait until the keys to the gates are truly in their hands before opening and closing them arbitrarily.

Another wrong argument made by the misguided is that the leftists are trying to institute price controls, forcing companies to charge the same for high bandwidth video as for quick-flying e-mail. Or as one writer put it, charge the same for a golf ball and a marble being sent through garden hoses. Nope. That bigger, more expensive hose required to deliver the golf ball? Network Neutrality merely means that all who buy that particular hose get the same hose at the same price and can't be denied the chance to lawfully use it.

It's a funny way to have to think of it, true, but as long as Congress is making the rules for a handful of major companies in providing the infrastructure, it has to make certain those companies give equal access to all comers. That's the way it has been for the very lifetime of the free and open Internet we're all interested in maintaining.

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Craig Fields is Director of Internet Operations for Gun Owners of America.
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Large telecoms have internal anti-gun policies. If they were allowed to, what's to stop them from slowing or blocking content they disagree with?
One reason common carriers and ISPs don't start filtering out content their disagree with is then they assume the libility of having to filter more content. Now when a movie studio sends you a subpoena for information on a customer pirating the latest movie, the customer is to blame. If you however were filtering things as a normal part of business and failed to stop future infractions you would be sued out of business by the content industry. If you don't want to be liable for the content traveling across your network, you must be neutral to the content as well. People would also leave your service. Quite simply I have to ask, what is there to gain businesswise?
 
It's all about the benjamins.

I'm sure somebody right now is thinking up how to make a buck out of this control. Mostly it's going to be charging per use as opposed to charging by time. Which means that I'm probably going to have a huuuuge internet bill.

Plus there's stuff that's already happened.

http://www.savetheinternet.com/=threat

# In 2004, North Carolina ISP Madison River blocked their DSL customers from using any rival Web-based phone service.

# In 2005, Canada's telephone giant Telus blocked customers from visiting a Web site sympathetic to the Telecommunications Workers Union during a contentious labor dispute.

# Shaw, a major Canadian cable, internet, and telephone service company, intentionally downgrades the "quality and reliability" of competing Internet-phone services that their customers might choose -- driving customers to their own phone services not through better services, but by rigging the marketplace.

# In April, Time Warner's AOL blocked all emails that mentioned www.dearaol.com -- an advocacy campaign opposing the company's pay-to-send e-mail scheme.
 
It is about the money N-S, via tiered pricing. The problem from a legal/regulatory perspective is that if the last "Baby Bells" get free of all common carrier regulation then they are free to discriminate based on what's in the packets and where they came from as well as descriminating against the packets based upon how fast they get from A to B on their network.

soybomb - this isn't deep packet sniffing/filtering for content. They can look at the headers or port usage ("shallow sniffing" if you will) and know what type of data is coming from where. I think it was Madison River that got fined last year by the FCC for port blocking VoIP calls on their network. The FCC didn't have the cojones to actually prosecute them and make a finding of wrong-doing, but wrong-doing it was. They could also quite easily avoid the liability aspects of explicit filtering by simply degrading the speed of "disfavored" IP addresses. It wouldn't be hard to create "404 errors" through imposed latency.

IMO - Fundamentally this is about the last Bell Cos looking at their voice revenues in a steady decline and no way to make up for it unless they can hold everyone "hostage" to monopoly pricing on data services. As the op-ed pointed out, this poses tremendous risk to anyone who cares deeply about matters some find unpopular. True of the 2nd Amendment, true of any "hot button" issue. If you think any provider in the chain of companies that provides your internet connection (or the internet connection of those websites you enjoy) disagrees with your perspective and might decide to filter it, or provide a degraded connection.
 
i'm a life member of GOA and have a lot of respect for most of their positions, but i have to disagree on this one, because several of craig's supporting statements aren't quite correct. companies will build competing internets. the physical infrastructure of the internet today isn't really the phone lines. it certainly isn't exclusively the phone lines. etc.

but he is right about the regulation/deregulation part.

the elitist in me is looking forward to the "2-tier internet"
 
soybomb - this isn't deep packet sniffing/filtering for content. They can look at the headers or port usage ("shallow sniffing" if you will) and know what type of data is coming from where. I think it was Madison River that got fined last year by the FCC for port blocking VoIP calls on their network. The FCC didn't have the cojones to actually prosecute them and make a finding of wrong-doing, but wrong-doing it was. They could also quite easily avoid the liability aspects of explicit filtering by simply degrading the speed of "disfavored" IP addresses. It wouldn't be hard to create "404 errors" through imposed latency.
My comment was more aimed at the comment in the article about network filtering based on actual content their disappoved of like firearms content. Thats where my concerns with liability and filtering come in.

Discriminating based on the service is becoming easier to do everyday though sadly.
 
The way the carriers want to descriminate on the provider side is not merely to say to a company with a given capacity requirement that they pay $X, but to be able to say based upon the nature of the content they provide that they pay $Y.

If the BellCo/CableCo don't "like" your content they want to be able to charge you more (note, this doesn't require packet sniffing at all). The most concrete example of what they want to do is kill Skype, VON, etc. by imposing high charges while allowing their own VoIP products to ride the network for free (or at most, by collecting "blue money").

the elitist in me is looking forward to the "2-tier internet"
Agreed. I don't dial up if I have a choice and that's probably true for most folks. I've not heard anyone debate the right of carriers to charge for capacity on either end. But what you, me, or Google is charged should be "neutral" with regard to what use make of that capacity.
 
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