May 7, 2024

Posts Comments

Search Results for: net neutrality

Comcast and Net Neutrality

October 24, 2007 by

The revelation that Comcast is degrading BitTorrent traffic has spawned many blog posts on how the Comcast incident bolsters the blogger’s position on net neutrality – whatever that position happens to be. Here is my contribution to the genre. Mine is different from all the others because … um … well … because my position on net neutrality is correct, that’s why.

Let’s start by looking at Comcast’s incentives. Besides being an ISP, Comcast is in the cable TV business. BitTorrent is an efficient way to deliver video content to large numbers of consumers – which makes BitTorrent a natural competitor to cable TV. BitTorrent isn’t a major rival yet, but it might plausibly develop into one. Which means that Comcast has an incentive to degrade BitTorrent’s performance and reliability, even when BitTorrent isn’t in any way straining Comcast’s network.

So why is Comcast degrading BitTorrent? Comcast won’t say. They won’t even admit what they’re doing, let alone offer a rationale for it, so we’re left to speculate. The technical details of Comcast’s blocking are only partially understood, but what we do know seems hard to square with claims that Comcast is using the most effective means to optimize some resource in their network.

Now pretend that you’re the net neutrality czar, with authority to punish ISPs for harmful interference with neutrality, and you have to decide whether to punish Comcast. You’re suspicious of Comcast, because you can see their incentive to bolster their cable-TV monopoly power, and because their actions don’t look like a good match for the legitimate network management goals that they claim motivate their behavior. But networks are complicated, and there are many things you don’t know about what’s happening inside Comcast’s network, so you can’t be sure they’re just trying to undermine BitTorrent. And of course it’s possible that they have mixed motives, needing to manage their network but choosing a method that had the extra bonus feature of hurting BitTorrent. You can ask them to justify their actions, but you can expect to get a lawyerly, self-serving answer, and to expend great effort separating truth from spin in that answer.

Are you confident that you, as net neutrality czar, would make the right decision? Are you confident that your successor as net neutrality czar, who would be chosen by the usual political process, would also make the right decision?

Even without a regulatory czar, wheels are turning to punish Comcast for what they’ve done. Customers are unhappy and are putting pressure on Comcast. If they deceived their customers, they’ll face lawsuits. We don’t know yet how things will come out, but it seems likely Comcast will regret their actions, and especially their lack of transparency.

All of which – surprise surprise – confirms my position on net neutrality: there is a risk of harmful behavior by ISPs, but writing and enforcing neutrality regulation is harder than it looks, and non-regulatory forces may constrain ISPs enough.

Filed Under: Broadband Tagged With: , ,

Greetings, and a Thought on Net Neutrality

October 3, 2007 by

Hello again, FTT readers. You may remember me as a guest blogger here at FTT, writing about anti-circumvention, the print media’s superiority (or lack thereof) to Wikipedia, and a variety of other topics.

I’m happy to report that I’ve moved to Princeton to join the university’s Center for Information Technology Policy as its new associate director. Working with Ed and others here on campus, I’ll be helping bring the Center into its own as a leading interdisciplinary venue for research and conversation about the social and political impact of information technology.

Over the next few months, I’ll be traveling the country to look at how other institutions approach this area, in order to develop a strategic plan for Princeton’s involvement in the field. As a first step toward understanding the world of tech policy, I’ve been doing a lot of reading lately.

One great source is The Creation of the Media by Princeton’s own Paul Starr. It’s carefully argued and highly readable, and I’ve found its content challenging. Conversations in tech policy often seem to stem from the premise that in the interaction between technology and society, the most important causal arrow points from the technologies into the social sphere. “Remix culture”, perhaps the leading example at the moment, is a major cultural shift that is argued to stem from inherent properties of digital media, such as the identity between a copy and an original of a digital work.

But Paul argues that politics usually dominates the effects of technology, not the other way around. For example, although cheap printing technologies helped make the early United States one of the most literate countries of its time, Paul argues that America’s real advantage was its postal system. Congress not only invested heavily in the postal service, but also gave a special discounted rate to printed material, effectively subsidizing publications of all kinds. As a result much more printed material was mailed in America than in, say, British Columbia at the same time.

One fascinating observation from Paul’s book (pages 180-181 in the hardcover edition, for those following along at home) concerns the telegraph. In Britain, the telegraph was nationalized in order to ensure that private network operators didn’t take advantage of the natural monopoly that they enjoyed (“natural” since once there was one set of telegraph wires leading to a place, it became hard to justify building a second set).

In the United States, there was a vociferous debate about whether or not to nationalize the telegraph system, which was controlled by Western Union, a private company:

[W]ithin the United States, Western Union continued to dominate the telegraph industry after its triumph in 1866 but faced two constraints that limited its ability to exploit its market power. First, the postal telegraph movement created a political environment that was, to some extent, a functional substitute for government regulation. Britain’s nationalization of the telegraph was widely discussed in America. Worried that the US government might follow suit, Western Union’s leaders at various times extended service or held rates in check to keep public opposition within manageable levels. (Concern about the postal telegraph movement also led the company to provide members of Congress with free telegraph service — in effect, making the private telegraph a post office for officeholders.) Public opinion was critical in confining Western Union to its core business. In 1866 and again in 1881, the company was on the verge of trying to muscle the Associated Press aside and take over the wire service business itself when it drew back, apparently out of concern that it could lose the battle over nationalization by alienating the most influential newspapers in the country. Western Union did, however, move into the distribution of commercial news and in 1871 acquired majority control of Gold and Stock, a pioneering financial information company that developed the stock ticker.

This situation–a dynamic equilibrium in which a private party polices its own behavior in order to stave off the threat of government intervention–strikes me as closely analogous to the net neutrality debate today. Network operators, although not subject to neutrality requirements, are more reluctant to exercise the options for traffic discrimination that are formally open to them, because they recognize that doing so might lead to regulation.

Filed Under: Broadband Tagged With: , , , ,

Net Neutrality: Strike While the Iron Is Hot?

July 13, 2006 by

Bill Herman at the Public Knowledge blog has an interesting response to my net neutrality paper. As he notes, my paper was mostly about the technical details surrounding neutrality, with a short policy recommendation at the end. Here’s the last paragraph of my paper:

There is a good policy argument in favor of doing nothing and letting the situation develop further. The present situation, with the network neutrality issue on the table in Washington but no rules yet adopted, is in many ways ideal. ISPs, knowing that discriminating now would make regulation seem more necessary, are on their best behavior; and with no rules yet adopted we don’t have to face the difficult issues of line-drawing and enforcement. Enacting strong regulation now would risk side-effects, and passing toothless regulation now would remove the threat of regulation. If it is possible to maintain the threat of regulation while leaving the issue unresolved, time will teach us more about what regulation, if any, is needed.

Herman argues that waiting is a mistake, because the neutrality issue is in play now and that can’t continue for long. Normally, issues like these are controlled by a small group of legislative committee members, staffers, interest groups and lobbyists, but rarely an issue will open up for wider debate, giving broader constituencies influence over what happens. That’s when most of the important policy changes happen. Herman argues that the net neutrality issue is open now, and if we don’t act it will close again and we (the public) will lose our influence on the issue.

He makes a good point: the issue won’t stay in the public eye forever, and when it leaves the public eye change will be more difficult. But I don’t think it follows that we should enact strong neutrality regulation now. There are several reasons for this.

Tim Lee offers one reason in his response to Herman. Here’s Tim:

So let’s say Herman is right and the good guys have limited resources with which to wage this fight. What happens once network neutrality is the law of the land, Public Knowledge has moved onto its next legislative issue, and the only guys in the room at FCC hearings on network neutrality implementation are telco lawyers and lobbyists? The FCC will interpret the statute in a way that’s friendly to the telecom industry, for precisely the reasons Herman identifies. Over time, “network neutrality” will be redefined and reinterpreted to mean something the telcos can live with.

But it’s worse than that, because the telcos aren’t likely to stop at rendering the law toothless. They’re likely to continue lobbying for additional changes to the rules—by the FCC or Congress—that helps them exclude new competitors and cement their monopoly power? Don’t believe me? Look at the history of cable franchising. Look at the way the CAB helped cartelize the airline industry, and the ICC cartelized surface transportation. Look at FCC regulation of telephone service and the broadcast spectrum. All of those regulatory regimes were initially designed to control oligopolistic industries too, and each of them ended up becoming part of the problem.

I’m wary of Herman’s argument for other reasons too. Most of all, I’m not sure we know how to write neutrality regulations that will have the effects we want. I’m all in favor of neutrality as a principle, but it’s one thing to have a goal and another thing entirely to know how to write rules that will achieve that goal in practice. I worry that we’ll adopt well-intentioned neutrality regulations that we’ll regret later – and if the issue is frozen later it will be even harder to undo our mistakes. Waiting will help us learn more about the problem and how to fix it.

Finally, I worry that Congress will enact toothless rules or vague statements of principle, and then declare that the issue has been taken care of. That’s not what I’m advocating; but I’m afraid it’s what we’ll get if insist that Congress pass a net neutrality bill this year.

In any case, odds are good that the issue will be stalemated, and we’ll have to wait for the new Congress, next year, before anything happens.

Filed Under: Broadband Tagged With: , ,

New Net Neutrality Paper

July 11, 2006 by

I just released a new paper on net neutrality, called Nuts and Bolts of Network Neutrality. It’s based on several of my earlier blog posts, with some new material.

Filed Under: Broadband Tagged With: , ,

The Last Mile Bottleneck and Net Neutrality

June 14, 2006 by

When thinking about the performance of any computer system or network, the first question to ask is “Where is the bottleneck?” As demand grows, one part of the system reaches its capacity first, and limits performance. That’s the bottleneck. If you want to improve performance, often the only real options are to use the bottleneck more efficiently or to increase the bottleneck’s capacity. Fiddling around with the rest of the system won’t make much difference.

For a typical home broadband user, the bottleneck for Internet access today is the “last mile” wire or fiber connecting their home to their Internet Service Provider’s (ISP’s) network. This is true today, and I’m going to assume from here on that it will continue to be true in the future. I should admit up front that this assumption could turn out to be wrong – but if it’s right, it has interesting implications for the network neutrality debate.

Two of the arguments against net neutrality regulation are that (a) ISPs need to manage their networks to optimize performance, and (b) ISPs need to monetize their networks in every way possible so they can get enough revenue to upgrade the last mile connections. Let’s consider how the last mile bottleneck affects each of these arguments.

The first argument says that customers can get better performance if ISPs (and not just customers) have more freedom to manage their networks. If the last mile is the bottleneck, then the most important management question is which packets get to use the last mile link. But this is something that each customer can feasibly manage. What the customer sends is, of course, under the customer’s control – and software on the customer’s computer or in the customer’s router can prioritize outgoing traffic in whatever way best serves that customer. Although it’s less obvious to nonexperts, the customer’s equipment can also control how the link is allocated among incoming data flows. (For network geeks: the customer’s equipment can control the TCP window size on connections that have incoming data.) And of course the customer knows better than the ISP which packets can best serve the customer’s needs.

Another way to look at this is that every customer has their own last mile link, and if that link is not shared then different customers’ links can be optimized separately. The kind of global optimization that only an ISP can do – and that might be required to ensure fairness among customers – just won’t matter much if the last mile is the bottleneck. No matter which way you look at it, there isn’t much ISPs can do to optimize performance, so we should be skeptical of ISPs’ claims that their network management will make a big difference for users. (All of this assumes, remember, that the last mile will continue to be the bottleneck.)

The second argument against net neutrality regulation is that ISPs need to be able to charge everybody fees for everything, so there is maximum incentive for ISPs to build their next-generation networks. If the last mile is the bottleneck, then building new last-mile infrastructure is one of the most important steps that can be taken to improve the Net, and so paying off the ISPs to build that infrastructure might seem like a good deal. Giving them monopoly rents could be good policy, if that’s what it takes to get a faster Net built – or so the argument goes.

It seems to me, though, that if we accept this last argument then we have decided that the residential ISP business is naturally not very competitive. (Otherwise competition will erode those monopoly rents.) And if the market is not going to be competitive, then our policy discussion will have to go beyond the simple “let the market decide” arguments that we hear from some quarters. Naturally noncompetitive communications markets have long posed difficult policy questions, and this one looks like no exception. We can only hope that we have learned from the regulatory mistakes of the past.

Lets hope that the residential ISP business turns out instead to be competitive. If technologies like WiMax or powerline networking turn out to be practical, this could happen. A competitive market is the best outcome for everybody, letting the government safely keeps its hands off the Internet, if it can.

Filed Under: Uncategorized Tagged With: ,