OpEd:
Making Net Neutrality Policy
November 2, 2009 by Kyle BradyTags: AT&T, Comcast, Congress, Diane Feinstein, FCC, John McCain, Net Neutrality, The Internet, Traffic Shaping
As required by the FTC, a Full Disclosure is available - this piece adheres to the Code of Ethics
Net Neutrality policy, or, rather, the need for such policy, is not a new topic, yet it has only just reached the halls of Congress for consideration, and brought with it the usual slew of idiocy and incompetence that can only be found in a group of people trying to legislate on an arena of life they barely understand, let alone participate in.
At it’s heart, Net Neutrality is about unfettered, unrestricted, and unbiased access to the Internet, but as is typical with such a broad concept, there are many variations and definitions. The most idealistic and effective interpretation of Net Neutrality is one that prevents Internet Service Providers from filtering, shaping, or blocking traffic based on type, source, or size, as well as preventing discrimination by ISPs that may have conflicting interests.
An effective example is to examine Comcast’s holdings and behaviors: they are, at the heart, a cable network with television subscribers and have ample interest in seeing on demand media via the Internet (such as Hulu) fail to achieve mass market success - they also have VoIP telephone offerings, which competes with services such as Skype. In the case of Comcast, it would be in their best interest to prevent, augment, or charge an extra fee for the use of services over its network that competes with their offerings, but this is highly unethical and they have yet to officially implement such policy – although it is inevitable and is rumored to currently be the talk of their executives. Furthermore, Comcast has expressed interest in so-called “bandwidth caps” that would put arbitrary limits on the amount of data a user can send and receive over their broadband connection within a given time period, which is a not-so-clever approach to decimating their high bandwidth service rivals.
Companies such as Comcast already participate heavily, and illegally, in a practice known as “traffic shaping”, by which certain types of traffic are either severely impeded or prevented entirely for reasons that are not publicly admitted to – experiments have proven peer-to-peer traffic to be one of the triggers of this behavior, and using “too much bandwidth” in an arbitrary time period, a policy stated nowhere, is another trigger known for AT&T.
These are the reasons why Net Neutrality is important, but weak policy passed with a Net Neutrality label, either by the FCC or Congress, is not enough. Republicans have already, predictably, come out in force against regulating ISPs, along with their fellow corrupt politicians throughout Congress that are more interested in their own pockets than the betterment of America or its people – John McCain, an admitted technophobe and Internet-avoider, has even introduced legislation that would prevent the federal government from even getting involved in this issue.
It is critical to the future of America, most especially a digital one, that Internet Service Providers come to be regarded as the next utility company, rather than as a service that citizens can choose to participate in. If only a single lesson can be learned from the financial mess of the last two years, it is this: markets cannot, and will not, regulate themselves when there are ever greater profits to be had at the expense of their customers/beneficiaries. The lack of regulation on the broadband market so far has resulted in a situation that is quickly approaching chaos, with a variety of plans and machinations to provide ever-less services for ever-greater prices.
The inevitable argument in Congress will be whether the networks have the ability to support unadulterated traffic, and the answer is a resounding ‘yes’. This, however, will be hard to express to those who are technologically illiterate by trade or ignorant by choice. It is, therefore, of the utmost importance that digitally-minded citizens across America make their voices heard on this issue: if a customer has ever experienced less-than-advertised speeds, long-term disconnected service, traffic filtering/shaping/blocking, or been the recipient of other such nefarious activities, both the FCC and Congress need to know.
An America that has bandwidth caps, approved traffic types, and networks that don’t communicate with each other is not a country that can continue to grow and compete on a global, or digital, scale. Technological illiterate Senators such as John McCain should be excluded, by whatever means possible, from the process, along with those Senators that have indicated their loyalties lie with those finance their campaigns, such as Diane Feinstein. This issue, much like true healthcare reform, is one that can only be accomplished through brute force and political strength of will – there will be no bipartisanship, and it is likely that anyone within Congress that considers themselves a conservative, regardless of party, will oppose such legislation as well.
In light of Congress' known stagnation and distinct lack of progressive interests, perhaps the FCC should pass their legislation first, however weakened, to set the tone and discussion for future Congressional legislation – if there is policy in place that provides the foundation of true Net Neutrality, it would be considerably more difficult for detractors to argue against the mere existence of such legislation.
Julius Genachowski, it is time to prove that you are capable of achieving what you claim to believe in - America is waiting.
Kyle can be found on Twitter and MySpace, or reached via email.
