Net Neutrality and Civil Liberties

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What makes it a problem?

The telephone and cable companies are fighting on all fronts to preserve their business model of smart networks.

Verizon's problem: profitability in the digital age

Their solution ("smart" networks) become our issue: net neutrality ("stupid" networks).

Lessig's Means of Control

Norms

 

Traditional Environmental Scan

Social

driving

diamond bulletincreased sophistication of users' knowledge and skills

restraining

diamond bulletdifficulty of producing user-generated content

diamond bulletlack of sophisticated knowledge and skills

       
Architecture

Technical

driving

diamond bulletrise of fast-enough internet connections

diamond bulletincrease of freely available information and tools

restraining

diamond bulletease of making the Internet like an intranet, a walled garden

diamond bulletdark fiber

       
Markets

Economic

driving

diamond bulletvery low costs for copying and distributing content and interactivity, enabling "free" participation

diamond bulleteconomics of abundance

restraining

diamond bulletmarket power of incumbents (Microsoft, Verizon, music labels, etc.) to raise barriers to entry and slow the pace of innovation

diamond bulleteconomics of artificial scarcity (dark fiber)

       
Laws

Political

driving

diamond bulletnet neutrality: the internet is stupid

restraining

diamond bulletproperty rights: I must do with my fiber, wire, spectrum whatever returns the greatest short-term value to my shareholders

economics of scarcity vs the economics of abundance

Traditional economics and traditional organizations are built on the assumption of scarce resources.

In a world of abundant resources, the traditional organizations will try to make the new world behave as the old one did, where those organizations grew and prospered.

In The Future of Ideas, Lawrence Lessig writes:

Industry incumbents who can't be certain if they'll gain or lose from a change in direction. They tend to stick with what they know works. And they have powerful means by which to do so – brand value, existing assets, the ability to form cartels, regulatory roadblocks, even the courts and Congress. The complexity of their existing networks of relationships with customers, suppliers and regulators also provides a natural resistance to change. These bodies tend to keep moving in the same direction. That's inertia.

Competition forces the price of goods toward their marginal cost. When the marginal cost is zero, the price of digital goods -- music, movies, books -- will fall toward zero.

The public Internet should be stupid.

The public Internet should be smart.

Loose | The owners of the wires, fibers, cables, and spectrum (the pubic Internet) should treat all bits the same. It is an end-to-end network with no central services. For the sake of our economy, it is too risky to do otherwise.

Tight | The owners of the wires, fibers, cables, and spectrum (the pubic Internet) should be able to provide (and charge for) differentiated services for different content. For the sake of our economy, it is too risky to do otherwise.

capacity of fiber

WDM - Wavelength Division Multiplexing - 100 Gb per second / per strand of fiber

a technology which multiplexes multiple optical carrier signals on a single optical fiber by using different wavelengths (colors) of laser light to carry different signals. This allows for a multiplication in capacity, in addition to making it possible to perform bidirectional communications over one strand of fiber.

dark fiber

Also known as "unlit fiber," it is optical fiber that is laid in the ground, but not used.

At any given time, about 97% of fiber optic cable in the US is dark.

 

 

driving forces -->
(David)

<-- restraining forces (Goliath)

 

Open source

a software commons brings the benefits of Moore's Law to software and provides more rapid progress

every bit of knowledge carries a toll paid to some corporation controlling it

Intellectual Property

Open networks

the Internet is a commons that accelerates all knowledge by distributing it to everyone

a network's favored content gets a "fast lane" and monopoly rents can be demanded

Proprietary Networks

Open spectrum

unlicensed frequencies like those used by 802.11 are a commons that brings the Internet into the air faster than wires ever will

all frequencies are sold by the government and controlled by single companies

Auctioned spectrum

Electronic Frontier Foundation

Technologies are transforming our society and empowering us as speakers, citizens, creators, and consumers. When our freedoms in the networked world come under attack, the EFF is the first line of defense. ... defending free speech, privacy, innovation, and consumer rights. ... championed the public interest in every critical battle affecting digital rights.

to educate policymakers, opinion leaders and the public about issues associated with technological change, based on a philosophy of limited government, free markets and individual sovereignty.

Progress & Freedom Foundation

At SBC, It's All About "Scale and Scope"
by Patricia O'Connell
Business Week, November 7, 2005

CEO Edward Whitacre talks about the AT&T Wireless acquisition and how he's moving to keep abreast of cable competitors. ...

Q: How concerned are you about Internet upstarts like Google, MSN, Vonage, and others?

A: How do you think they're going to get to customers? Through a broadband pipe. Cable companies have them. We have them. Now what they would like to do is use my pipes free, but I ain't going to let them do that because we have spent this capital and we have to have a return on it. So there's going to have to be some mechanism for these people who use these pipes to pay for the portion they're using. Why should they be allowed to use my pipes?

The Internet can't be free in that sense, because we and the cable companies have made an investment and for a Google or Yahoo! (YHOO ) or Vonage or anybody to expect to use these pipes [for] free is nuts!

Why should they be allowed to use "his pipes"? Because they pay their ISP for bandwidth, just like you and I do. And because for decades, the telephone companies have been regulated as neutral carriers or common carriers. Unlike other companies that invested in new technologies without a guaranteed return, the telephone company was guaranteed a return in exchange for being regulated as a common carrier. Now they want to leverage that investment by no longer acting as a neutral carrier.

This issue is hot at the moment, though concerns about tiered services have been voiced for the past decade. Now that the phone companies have enough dark fiber in the ground for streaming video, they can deliver TV as we used to know it in order to compete with the cable companies, who have plenty of room in their coaxial cables for voice traffic.

Do two monopolies, a duopoly -- telecom and cable -- make for genuine competition?

Do those monopolies own the fiber and cable in such a way that they can do anything they want to with it? Or has the monopoly they've been granted given them an obligation to be neutral carriers? Over the last thirty years, cable has been regulated as an information service and could do whatever it wanted to with their cables. If it wanted to run company A's content but not company B's content, no problem. The cable companies negotiated franchises municipality by municipality. For most of the 20th century, however, the telephone company was a regulated monopoly that was a common carrier or neutral carrier. That meant that they had to provide the same phone service to whoever wanted it. They could charge more for more usage, which they did when Internet companies started using lots of bandwidth. But they could not connect me to company A when I called company B.

In the old world, cable TV was considered totally different from voice calls. However, the new world of the internet makes them all packets of bits. The cable TV industry thus added broadband internet access and VOIP services as and when they wanted to. The telephone companies, however, were still constrained to be neutral carriers. They wanted to offer "TV" over their fiber, so they laid the fiber, but they have left 99% of it dark because, as common carriers, they would have to open the 99% to other companies, some of which may compete with them. So the fiber has stayed dark.

Then in August 2005, the FCC leveled the playing field between the two incumbents. They voted to end regulations requiring incumbent telecommunications carriers to share their DSL broadband connections with competitors.

FCC Halts DSL-Sharing by Telcos
by Grant Gross
IDG News Service, August 05, 2005

The FCC, in a 4-0 vote, removed rules that allowed competitors such as Earthlink to offer DSL over lines owned by the four giant incumbent telecom carriers, often called the Baby Bells. ... Some consumer advocates and telecom observers predicted that the FCC's decision could kill off DSL service from small ISPs when the DSL network-sharing rules end in a year.

The FCC's decision Friday puts DSL regulation on an equal footing with cable modem service after the U.S. Supreme Court in June rejected a challenge to an earlier FCC decision allowing cable companies to close off their networks to competitors.

So now that the historic agreement to exchange common carrier status for protected monopoly status is over, the telephone companies want to leverage the advantage they gained during those decades by tiering Internet service. Now they can make all that dark fiber pay off.

Tiered Internet service means that some bits get fast-lane priority -- let's say for ABC's or CBS's prime time shows or for Verizon's "partners". And other bits -- let's say for your video or a start-up that may compete with one of Verizon's "partners" -- get the slow lane. While there's no denying that Verizon has the responsibility to its stockholders to try to pull that off, there's also an argument that they got to their position of power by accepting the terms of a regulated monopoly. And now that they're unregulated, they want to leverage that power to raise the barriers to entry for competition that will threaten them or their partners.

How would you get to be a partner of Verizon? I suspect you'll need lots of money just to be able to sit at the table to talk about it.


modified: May 2, 2007
by Douglas Anderson
http://RicciStreet.net/acrl/forces.htm