February 21, 2018

Why Your Netflix Traffic is Slow, and Why the Open Internet Order Won't (Necessarily) Make It Faster

The FCC recently released the Open Internet Order, which has much to say about “net neutrality” whether (and in what circumstances) an Internet service provider is permitted to prioritize traffic. I’ll leave more detailed thoughts on the order itself to future posts; in this post, I would like to clarify what seems to be a fairly widespread misconception about the sources of Internet congestion, and why “net neutrality” has very little to do with the performance problems between Netflix and consumer ISPs such as Comcast.

Much of the popular media has led consumers to believe that the reason that certain Internet traffic—specifically, Netflix video streams—were experiencing poor performance because Internet service providers are explicitly slowing down Internet traffic. John Oliver accuses Comcast of intentionally slowing down Netflix traffic (an Oatmeal cartoon reiterates this claim). These caricatures are false, and they demonstrate a fundamental misunderstanding of how Internet connectivity works, what led to the congestion in the first place, and the economics of how the problems were ultimately resolved.
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Google Spain and the “Right to Be Forgotten”

The European Court of Justice (CJEU) has decided the Google Spain case, which involves the “right to be forgotten” on the Internet. The case was brought by Mario Costeja González, a lawyer who, back in 1998, had unpaid debts that resulted in the attachment and public auction of his real estate. Notices of the auctions, including Mr. Costeja’s name, were published in a Spanish newspaper that was later made available online. Google indexed the newspaper’s website, and links to pages containing the announcements appeared in search results when Mr. Costeja’s name was queried. After failing in his effort to have the newspaper publisher remove the announcements from its website, Mr. Costeja asked Google not to return search results relating to the auction. Google refused, and Mr. Costeja filed a complaint with Spanish data protection authorities, the AEPD. In 2010, the AEPD ordered Google to de-index the pages. In the same ruling, the AEPD declined to order the newspaper publisher to take any action concerning the primary content, because the publication of the information by the press was legally justified. In other words, it was legal in the AEPD’s view for the newspaper to publish the information but a violation of privacy law for Google to help people find it. Google appealed the AEPD’s decision, and the appeal was referred by the Spanish court to the CJEU for a decision on whether Google’s publication of the search results violates the EU Data Protection Directive.
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Revisiting the potential hazards of the 'Protect America' act

In light of recent news reports about NSA wiretapping of U.S. Internet communications, folks may be interested in some background on the ‘warrantless wiretapping’ provisions of the Protect America act, and the potential security risks such wiretapping systems can introduce. Here’s a 2007 article a group of us wrote entitled “Risking Communications Security: Potential Hazards of the ‘Protect America’ Act”. http://www.cs.princeton.edu/~jrex/papers/PAA.pdf