Net Neutrality 1

DefinitionNet Neutrality can be broadly defined as the policy

of Internet Service Provider’s (ISP’s) and Telecom Carriers treating all data equallyISP’s simply connect the end user to their network

and route the user’s data/data requests to the appropriate network

ISP’s could manage traffic on their networks based on load, but not based on what type of connection (TCP/UDP/IPSEC-VPN/FTP) or what type of data (Web/Voice/Video)

ISP’s and Telecom’s may still charge users based on whatever pricing model is appropriate (Connection Speed or Data Cap)

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HistoryFebruary 8th 2004: FCC Chairman, Michael

Powell calls for internet freedom and identifies four things that must be protected (Powell 5)Freedom to Access ContentFreedom to Use ApplicationsFreedom to Attach Personal DevicesFreedom to Obtain Service Plan information

These principles laid the foundation for the Open Internet Order drafted by the FCC

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Open Internet OrderThe order lays out three main rules (FCC):

Transparency: Broadband providers must disclose their network management practices, performance and terms of service.

Blocking: Fixed Broadband providers may not block lawful content, applications, services and non-harmful devices

Blocking: Wireless Broadband providers may not block lawful websites or applications that compete with their services

Discrimination: Providers may not discriminate against lawful network traffic (no dropping or reducing bandwidth for torrent files)

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Contrast

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Vision RealityFreedom to obtain service plan information

ISP’s must disclose terms of service and network performance

Freedom to attach personal devices

Fixed ISP’s must allow the connection of devices, but Mobile ISP’s are not required to

Freedom to access content Fixed ISP’s must allow access to content, but Mobile ISP’s are only required to not block web content

Freedom to use applications Fixed ISP’s must allow a lawful applications, but Mobile ISP’s only requirement is to not block competing voice or video applications

Story so far….In 2008 Comcast is caught reducing bandwidth for certain

data types; the FCC orders Comcast to stop doing that Comcast sued the FCC saying that they have no right to regulate them, and the

ruling by the FCC was overturned in 2010

The FCC establishes the Open Internet Order in 2010 to guarantee some level of net neutrality, but did not classify the ISP’s as “common carriers”

The common carrier designation is a legal term that protects both the carrier and the client/user

Common carrier rules would mean that ISP’s have no authority to modify, block or make use of the data crossing their networks

Verizon sues the FCC arguing that they have no right to regulate the ISP’s, the case is currently under review again

In 2012 AT&T begins to allow Apple Facetime over their network

Their initial blocking of the application was a clear violation of the watered down Neutrality rules

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QuotesWhy is it that the NSA can get away with spying on law abiding Americans but the FCC can't put reasonable consumer protection laws in place? – Paul Rodgers

Perhaps Google should start charging Verizon and AT&T for access to their services. Once customers get a message that they cannot access their GMail because Verizon refused to pay, things might get interesting... - Netwilk

Wonderful, now the cable monopolies here in NYC can slow down certain content on their already sluggish networks. And us consumers who only get a choice between TWC and TWC, well we can do what we do best, pay non-competitive prices for service with even more speed caps than before.TWC: "Don't like your internet service? How about adding phone and HD cable TV??" - ColinPoly

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ControversyFor Net NeutralityISP’s exist to transport data and have no right to profit from content or applications created by others and do not own the data that crosses their networksISP’s already charge different prices for different service tiers, but they should not be able to charge based on what content is accessed, or how much of the available bandwidth is usedThe monopoly power of ISP’s would essentially guarantee that they would end up dominating content markets The control of all digital communications by a small group of non-competing companies would stifle innovation and hurt the economy

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Against Net NeutralityISP’s should have the right to determine what is allowed on their networks and to manage their networks and data as they see fitRegulation of the ISP’s network management policies infringes on their 1st amendment rightsISP’s should have the right to charge different prices for different levels of serviceISP’s aren’t monopolies because their services compete with each otherAllowing discrimination at the packet level will increase performance of network services

Implement Quality of Service for things like phone and video calls

Over regulation would stifle innovation and hurt the economy

References: Pricing Picture

http://www.ohgizmo.com/wp-content/uploads/2009/10/net-neutrality-thumb-550x1224-27419.jpg

Blue graphic: http://www.savetheinternet.com/sites/default/files/styles/781wide_nocrop/public/topics/topic_net-neutrality.png?itok=4jurqsYB

Powell, Michael. “Preserving Internet Freeedom”. FCC. Web. February 8, 2004.

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-243556A1.pdf Open Interne. FCC. Web. http://www.fcc.gov/guides/open-internet Common Carrier. Wikipedia. Web.

http://en.wikipedia.org/wiki/Common_carrier Brodkin, Jon. “FCC’s wishy-washing rulemaking might doom net neutrality

in court”. Ars Technica. Conde Nast. Web. September 10, 2013. http://arstechnica.com/tech-policy/2013/09/fccs-wishy-washy-rulemaking-might-doom-net-neutrality-in-court/

Bell system graphic: http://www.freepress.net/sites/default/files/fp-legacy/att_history.jpg

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