net neutrality

ISPs: beware of paranoid bloggers with a persecution complex, warns Ofcom

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Exclusive Ofcom will encourage ISPs to be transparent about traffic management, but won’t ask them to detail the information in a standard format, according to meeting notes seen by The Register.

The regulator is sounding out opinion from ISPs and consumer groups on traffic management, which it sees as the only aspect of the US "Net Neutrality" debates applicable to the UK.

In the US, the debate was politicized and emotive; pressure from left-wing activists attempted to push both Congress and the FTC into passing pre-emptive technical regulations. At the loonier end of the debate, some called for compulsory nationalisation of the private assets, without compensation.

Here the debate is more rational; Ofcom doesn’t agree that pre-emptive rules must be made, and favours a hands-off approach.

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Net Neutrality: the Good Guys always were white

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Delicious news from the United States, where ‘Net Neutrality’ is again being recast for a new political purpose.

The term long since ceased to mean anything – it now means anything you want it to mean. But as a rule of thumb, advocating Neutrality means giving your support to general Goodness on the internets, and opposing general Badness. Therefore, supporting Neutrality means you yourself are a Good Person, by reflection, and people who oppose Neutrality are Bad People.

This is a wonderful thing, and the beauty is, it’s all so simple. It’s like the Good Guys Wearing White – the Bad Guys oppose Neutrality. And because Neutrality is anything you want it to be, you have an all-purpose morality firehose at your disposal. Just point it and shoot at Baddies.

But best of all is that you get to define the Baddies, raise a lynch mob, catch them and hang them – before somebody has had a chance to ask "Where’s the harm, exactly?".

This time the accusation of Neutrality Violations is being turned on copyright holders, minority groups – and anyone who wants a network to run the way they want it to.

 

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Google writes the internet’s first rule book

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The regulator’s rule book for deciding what is permissible on today’s roads is very thick indeed. The content, behaviour and performance of “stuff on roads” is massive, and grows by the day. Try hot-rodding your lawnmower – or deciding that on Thursdays, you will only make left turns, and see how far you get.

By contrast, the regulator’s rule book for deciding what is permissible on the internet – its content, behaviour and performance – couldn’t be simpler. There isn’t one.

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FCC: making a rulebook out of metaphors

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Regulators and network operators across the world will be watching events unfold in Washington DC with some astonishment today, as the US telecoms industry becomes embroiled in a bureaucratic farce.

Late last week, the US regulator the Federal Communications Commission issued a landmark assertion of authority over how American operators should manage their networks – and announced a new policy framework. We won’t know what this policy framework will be for days or perhaps weeks – and the statements issued so far don’t help.

What we got on Friday was a self-contradictory press release which simultaneously both encourages and prohibits prioritizing internet traffic by application type.

Er, say what?

Well, it gets even stranger. Accompanying the commission’s release, all five commissioners issued their own individual personal statements – the FCC is split down the middle on the issue – with the two dissenting Commissioners, McDowell and Tate, complaining they weren’t given the text of the release until the last moment.

“Commissioner Tate and I received the current version of the order at 7pm last night, with about half of its content added or modified. As a result, even after my office reviewed this new draft into the wee hours of the morning, I can only render a partial analysis,” wrote Commissioner Robert McDowell.

Well-placed sources also suggested that having voted, they then realised it was immediately unworkable – so the statement was redrafted after the vote. Maybe that’s in keeping with an exercise in “Policy-based Evidence-making”: Take a vote and then try and figure out what you’ve voted on.

Before getting into specifics, let’s look at the problem – and the main problem with making laws out of net neutrality has been painfully obvious from the start. As a descriptive generalisation about what “the internet” looks like, or should look like, it’s impossible to disagree with. You won’t get any dissent about the evils of content discrimination from The Register, because unlike most of the neutrality activists, our livelihoods depend on networks delivering pages like this without favour. But a description is not the same thing as a working principle. Any law or regulation needs to be understood by the engineers working at the business end of keeping the networks running.

Take, for example, a statement such as “driving fast is bad”. This can be implemented and then enforced (as a speeding law). However an observation or generalisation such as “highways are better when people are nice” can lend itself to a metaphor, for example “Friendly Roads”, and made into a policy principle – “drivers should be considerate to each other”. But it’s one that is much harder to turn into a workable, prescriptive regulation.

The problem is that when it comes to implementation, “neutrality” only works as a metaphor. Not only has the internet never been “neutral”, it’s misleading to think of one internet, rather than many interconnecting networks. (The clue’s in the name).

The FCC has now taken upon itself on the task of turning a metaphor into law, and the difficulties are evident from the press release, and chief commissioner Martin’s statement.

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How Free Press breaks the citizens’ network

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In 2003 the journalist Ron Suskind captured one of the quotes of the decade when he cited an unnamed Bush administration official as saying:

“When we act, we create our own reality. And while you’re studying that reality, we’ll act again, creating other new realities.”

On the web today, “political activism” has become a virtual reality game that anyone can play, whoever you are. To succeed, a campaign need not be reality-based at all: it can generate its own fictional cause, complete with symbolic heroes and villains. Eventually the “campaigners” bump into physics, or economics, or real electors – who may have different, more urgent priorities – and the “campaign” vanishes as quickly as it appeared.

But what’s interesting is the real world consequences of the virtual campaign can be the complete opposite of the campaigner’s stated goals.

For example, have a look at this exchange with Ben Scott. Ben is a policy director at Free Press. The outfit describes itself as a “national, nonpartisan organisation working to reform the media”. A goal is a media more responsive to citizens, and more accurate too.

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Man discovers his net wasn’t neutered

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Hanging the monkey

We have very little idea of how a hysteria can grip sensible, rational people – until it strikes. After Orson Welles’s War Of The Worlds radio broadcast, the public reported sightings of Martians. According to urban legend, a farmer’s water tower was peppered with small arms fire, in the belief that it was a Martian spaceship. During the McCarthyite Red Scare, the FBI’s snitch lines rang red hot with reports of suspected un-American activity. And in Hartlepool 200 years ago, the locals tried and hanged a monkey, suspecting it to be a Frenchman.

Here’s more evidence that the Net Neutrality scare is gripping otherwise rational people, presenting with two classic symptoms of mob-itis.

Professor Steven Bellovin of Columbia reported something strange with his Comcast router recently. Bellovin is a veteran crypto researcher with internet RFCs to his name – and not normally someone who needs attention. Last month he announceD:

“My cable modem service was out for eight hours yesterday. Tests I did – ICMP could get through to various destinations; TCP could not – make me believe that the problem is due to Comcast trying to treat p2p traffic differently.”

Of course. What else could it be?

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Obama mounts ‘Neutrality’ bandwaggon

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Politicians long ago gave up on politics. Instead of articulating great ideas, the choice that faces voters today is between identikit managerial bureaucrats who’ve never had a job outside politics. Most of their adult lives have been spent in the hermetic world of wonkdom. So it’s little wonder, then, that they have trouble distinguishing between fiction and reality.

And it’s no surprise at all to hear that a virtual Presidential candidate is throwing his electrons behind a virtual cause, to repeal a virtual law that never existed.

What else would a cypher do?

Asked whether he’d “re-instate Net Neutrality” as “the Law of the Land”, trailing Presidential Candidate Barack Obama told an audience in Cedar Rapids, Iowa pledged that yes, he would.

He also said he’d protect Ewok villages everywhere, and hoped that Tony Soprano had survived the non-existent bloodbath at the conclusion of The Sopranos.

(So we made the last two up – but they wouldn’t have been any more silly than what the Presidential Candidate really said.)

There are several problems with Obama’s pledge.

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