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The internet is breaking

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The featured article of Thursday May 18 2006's Wall Street Journal Online, "The Web's Worst New Idea", calls into question the validity of the debate about Net Neutrality. Unfortunately, there are some flaws in the reasoning behind this article.

Of course, the author does make some valid points. The web has had great benefit from the low amount of regulation. Indeed, many great services have surfaced because they were given the freedom to experiment. Had they not been given this chance, the internet would not have acquired much of the appeal it has nowadays. As the author mentions, Freedom, in other words, has been the Web surfer's friend.

The term "Net Neutrality" deserves some clarification. Net Neutrality was coined in the debate around the amount of restrictions that is allowed to be placed on the equipment and methods used, and the content retrieved, when using a medium like the internet. Sir Tim Berners-Lee, the inventor of the internet, defines it thus:

If I pay to connect to the Net with a certain quality of service, and you pay to connect with that or greater quality of service, then we can communicate at that level.

Net Neutrality is not, as some suggest, about receiving internet access free of charge. It is not about paying more for higher quality. It is about receiving what you pay for, without hidden restrictions. It is about freedom. Freedom of speech. About preserving freedom to access content regardless of the source.

In China, the government is actively censoring the internet for its citizens. It restricts access to whatever their government does not approve of. In the United States, if nothing is done, it will be companies that are restricting their customers.

Take, for example, the recent controversy surrounding Comcast. Comcast is an Internet Service Provider, meaning that people pay Comcast in return for internet access. Recently, Comcast blocked access to BitTorrent for its customers. BitTorrent is a method of downloading and sharing data that is often used to (illegally) download copyrighted movies. Whether it is due to pressure by the US's movie industry or because they found it too much of a burden, fact is that they decided for their customers what they are allowed to access.

Comcast, however, is also a cable television provider. By restricting access to BitTorrent, they do not only prevent illegal file-sharing, they also hurt legitimate businesses that use BitTorrent as a cheap way to distribute their independent content. These businesses are direct competitors to Comcast's cable television service.

There is, of course, a lot of opposition. Non-profit organization Free Press is running a campaign entitled Save the Internet, and is backed by, among others, Public Knowledge and the Consumers Union. The author of the article I referred to above, however, seems to fear that Net Neutrality regulation will result in a flood of lawsuits concerning, to cite an example mentioned in the article, Google placing a competitor too low in their search results. Seeing as Google does not provide nor restrict access to certain sources (it merely refers to them, users still are free to choose their search engine), this has nothing to do with Net Neutrality and the fear is thus ungrounded.

Furthermore, the author expresses concerns that regulation will harm the internet. Unfortunately, there is no way to escape regulation. If the Federal Communications Commission does not take action, Internet Service Providers will define their own rules concerning what their customers are and are not allowed to access. The difference, however, is that ISP regulation adds restrictions, while FCC regulation defines entitlements.

Yet, if we are to believe the author, there is no need to worry. Companies like AOL did not migrate from a "walled garden" to a more-open, Internet-centric model because of mandates from Washington but because the alternative was extinction. Unfortunately, ISP's in the US do not risk extinction. They all own a part of the market and maintain a monopolistic position in that part - there are no competitors and thus no choice for consumers.

Additionally, the author is concerned about defining "rights" of internet users. Specifically, he dislikes the idea that access to online pornography is now a right, even though in a different context the FCC is increasingly preoccupied with policing "decency" standards on television. Considering the fact that the darker sides of the internet are accessible already, I personally really value my freedom over the decency of a minority that does not do harm to others. Of course, there is still harmful content like child pornography that should be dealt with, however, preventing companies from defining their own rules does not mean the government cannot take action against such activities.

All in all, the only way to preserve freedom on the internet is by adding regulation and entitlements. While Don't regulate what isn't broken sounds nice, the sad truth is that the current system is breaking, and the US government needs to fix it.

Note: This is an article I wrote for a school assignment.

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5.6
{"commentId":1709276,"authorDomain":"firsty"}

great article! there was a recent "democracynow" interview with lessig and i think that listeners of that program could have learned about as much about the topic, if not more, by reading this article.

the fears about net neutrality are fears imposed on the internet by outsiders. the internet has been self-managing since the beginning and everything was fine the way we had it. in the lessig interview, he talked about the creative commons license - a great example of why the internet specifically does not need the interference of those who with to destroy the net neutrality that already exists. people have to recognize that the thing that is the internet today is a result of inherent net neutrality, and to install something else would be to, as you say, effectively break the internet itself, turning it into a commodity, creating channels and increased costs for users.

good stuff indeed. back in "the day," when you signed on, your 28.8 modem installed ISP channels. the internet was presented to users as basically what they want to have again, but behind that superficial wall was the entire 'net and all it had to offer. this was back in the days of newsgroups and listservs and it seemed like 90% of the non-commercial content was at .edu sites. without neutrality, nothing about the internet would be the way we know it to be - from blogs to file sharing to niche web apps - hopefully we can keep it from falling apart. i hope this topic finally gains some traction around here. this article is a good start.

{"commentId":1709276,"threadId":"252316","contentId":"1439478","authorDomain":"firsty"}
  • 5 votes
Reply#1 - Fri Apr 18, 2008 9:58 PM EDT
{"commentId":1709530,"authorDomain":"lucidcommunication"}

The Internet is a right, not a privilege. Its wrong enough that we have to pay to access it to begin with. Corporate interests need to keep their hands out of it.

{"commentId":1709530,"threadId":"252316","contentId":"1439478","authorDomain":"lucidcommunication"}
  • 2 votes
Reply#2 - Sat Apr 19, 2008 12:09 AM EDT
{"commentId":1709758,"authorDomain":"insert"}

A right, eh? How do you propose funding infrastructure upgrades if it's free?

{"commentId":1709758,"threadId":"252316","contentId":"1439478","authorDomain":"insert"}
  • 2 votes
#2.1 - Sat Apr 19, 2008 1:55 AM EDT
{"commentId":1710507,"authorDomain":"vinnl"}

The same way that our highways are maintained?

{"commentId":1710507,"threadId":"252316","contentId":"1439478","authorDomain":"vinnl"}
  • 1 vote
#2.2 - Sat Apr 19, 2008 10:14 AM EDT
{"commentId":1711019,"authorDomain":"insert"}

So you want the US government maintaining the Internet? I'm a bleeding-heart liberal, and I support nationalized healthcare, etc, but there's no way in hell I would support a government-run internet. First of all, the internet is inherently multinational and doesn't discriminate about which packet came from where. You can't even pretend that the US wouldn't block traffic to/from Cuba, Iran and other undesirable nations. Also, the potential for abuse is far greater. Do you expect the government not to snoop around on the internet, looking at your data? Of course, at first they'd be looking for child porn and terrorist communications, but they'd spread to prosecuting music piracy, adultery and profanity over instant messaging. The internet must stay the open, free wellspring of data that it is now, without filters put in place "for your protection."

{"commentId":1711019,"threadId":"252316","contentId":"1439478","authorDomain":"insert"}
  • 2 votes
#2.3 - Sat Apr 19, 2008 1:14 PM EDT
{"commentId":1711102,"authorDomain":"vinnl"}

The government controlling the internet would be absolutely undesirable, I agree. However, I also do not trust companies. Besides, the government (at least in the Netherlands) is already looking at controlling the internet while it's in the hands of ISP's. Perhaps a better solution would be an independent but government-funded organization.

But you're right: this probably isn't the best solution. Then again, I'm haven't really thought about making internet access free of charge, so I'm not going to defend it, too.

It's a difficult dillema: do you want your internet access controlled by for-profit companies, or should you trust the government?

{"commentId":1711102,"threadId":"252316","contentId":"1439478","authorDomain":"vinnl"}
  • 2 votes
#2.4 - Sat Apr 19, 2008 1:47 PM EDT
{"commentId":1711127,"authorDomain":"JoulesBeef"}

lololololol
ok history lesson arpnet or the internet as yous guys like to call it was started by our tax payer money and controlled by the US gov. It was opened up to the public.
The net is still controlled by the US gov much to the chagrin of many nations, we wont give up control of the root as promissed.

Government controlling the internet may seem outlandish and undesirible but it is excatly what we have right now, they just havent clenthced the fist.

{"commentId":1711127,"threadId":"252316","contentId":"1439478","authorDomain":"JoulesBeef"}
  • 6 votes
#2.5 - Sat Apr 19, 2008 2:02 PM EDT
{"commentId":1711152,"authorDomain":"insert"}

The only government regulation of the internet I would support is to guarantee competition. That means eliminating "natural monopolies" and making sure customers have actual options. Making sure that there is no collusion between "competitors" would be helpful as well. The reason I trust a for-profit company more than the government is that the company's actions are more specific. If I don't like the company, I can ditch their service. If I don't like what the government is doing with the internet, but I like the government's immigration, economic and foreign policies, then I'll probably find myself voting to continue to harmful internet policy as well. Thus, it's easier to effect positive change with a for-profit company.

{"commentId":1711152,"threadId":"252316","contentId":"1439478","authorDomain":"insert"}
  • 1 vote
#2.6 - Sat Apr 19, 2008 2:12 PM EDT
{"commentId":1711188,"authorDomain":"vinnl"}

@JoulesBeef - I also happen to think the current situation is undesirable...

@insert_name_here - indeed, the oligopoly on the US market is a problem. It's supposed to be easier to change when it comes to companies, but that currently is not the case in the US.

The problem you describe with the government is a fundamental problem in about every democracy - you just cannot 100% agree with every party. This situation is even worse in the US, where you can effectively only vote for two parties (which are, by Dutch standards, either right- or very right-wing). I happen to have touched upon that subject in another assignment, but failed to come up with a solution that did not have its flaws.

{"commentId":1711188,"threadId":"252316","contentId":"1439478","authorDomain":"vinnl"}
  • 1 vote
#2.7 - Sat Apr 19, 2008 2:22 PM EDT
{"commentId":1711686,"authorDomain":"energynet"}

Okay...

We are all kind of looking at the relationship to this Renaissance, just as Gutenberg did over 500 years ago. The online experience is still in its infancy. How would you compare the evolution of the printing press, language, books etc. to what we are currently going through?

On an important parallel a century ago, citizens became aware of the idea of what was and is today known as "Public Utilities".

At the time, during the progressive era, there had been a previous period of time, where large corporations took control and ran this country, leaving people at the bottom in a stricken state of affairs.

Private control of the country by extremely wealthy families (Rockefellers, Morgans, Mellons Rothchilds, Crockers, Dukes etc.) were able to control most of the country.

By the 1900, the country was in a huge fight over regulation of corrupt private company behavior vs. public ownership with the two of the key battles being water and electricity. What had mostly been the domain of small medium and large water companies, would all but be taken over by local government. As an example of just how serious the issue was, many people preferred to drink beer rather than water due to the danger of contaminated, overpriced water.

A growing number of Americans at the time, especially working class people were tired of wealthy people lording it over the rest of the country. This could be seen in the battle over railroads and the next big bubble industry coming up, electricity. By the turn of the century, most of the rural areas wouldn't see electric anything for another 30 years, while urban areas would have overlapping power struggles (funny how that word has such an interesting dual purpose here doesn't it) where the streets would have huge numbers of wires strung up by competing companies all on the same pole.

The battle over who might distribute electricity to the public became the number one issue in this country for over two generations. City's like Los Angeles and Seattle showed how publicly owned and operated electric power operations could be far cheaper to run than private companies, that were at the time controlled by the wealthiest few in the country, mostly organized out of Wall Street's tiny super elite.

As the anger started to move most of the country towards the side of public ownership, the power brokers, like Morgan organized the National Civic Forum to find a strategy to counter the growing "Socialism" that was spreading across the country.

In 1907 the struggle came to a head between Morgan and Thomas Edison's former right hand man Sam Insull. Insull had been calling for the formation of Public Utility Commissions as a way to head off the "Public Power Movement".

The idea that the richest people in this country would ever accept any kind of regulation over their personal property had gone too far. But Insull's strategy of pushing regulatory control out of the hands of local communities and into state control was the only thing that staved off the growing demand for public control over the country's electric industry.

What was so insidious about Insull's state regulatory strategy, was first off, it gave the appearance that privately owned electric companies were becoming good citizens that would follow rules. But what was worse, it moved the decisions to the state capital, of which most communities had few resources to send someone to keep an eye on the Public Utitility Commission (PUC). Within a decade the public power movement had documented the fact that most PUC's were in the hands of companies they had been setup to regulate. The only state in the country to oppose the PUC model has been Nebraska.

Just as we watched all of the small ISP's that helped make the BBS community and then the Internet be swallowed up by big companies, the same quickly happened with electric companies.

As anyone who has watched the disasterous Clinton Gore move to privatize the internet here with the 1996 Telecommunications act, we were promised that the private corporations would use their newly aquired freedoms to bring the country a new "online super highway" Where fiber optics would revolutionize the speed and power of the internet.

Instead, that deregulated environment would be used to put back the monsterous AT&T mega monopoly that had been dismantled just a generation before after over a decade of public battles. Rather than using the online super growth of the 90's to build that super highway the money was used in a massive buying spree that has given most of the country one or two options, both a distant 2nd to what Fiber could have given us by now.

A century ago, private interests came up with the strategy that public control over things like electricity or our phones was tantamount to communism and used the red baiting tactic to scare the public into thinking that even thinking about public control over these things might inspire red dictatorships here.

The likes of NBC, a Morgan created network was used to attack public control vs private ownership in the country.

Today, most people are ignorant of the immense public battles that took place over public vs. private control. Back then, the idea that the city councils in this country were conspiring with communists to take away the rich's patriotic right to control these important resources won out because of the fact that radio and and most of the country's newspapers were held by conservatives.

The progressive era between 1907 and 1920 was all about small town conservatives waking up to the corruption and lies of the super wealthy. The likes of Teddy Roosevelt and many other famous populists called for more than just a reform of the country but an awareness that placing a pricetag on everything just isn't ethical or wise.

Next time you get a chance, take another look at the Wizard of Oz, look at it as a carefully written story of the hidden coporate elite that run this country from behind a curtain of propaganda and lies designed to attack public governance and democratic values over private, top down corporate dictatorships.

{"commentId":1711686,"threadId":"252316","contentId":"1439478","authorDomain":"energynet"}
  • 4 votes
#2.8 - Sat Apr 19, 2008 5:57 PM EDT
{"commentId":1711719,"authorDomain":"vinnl"}

Wow... That's an entire article on its own, and I have nothing to add.

{"commentId":1711719,"threadId":"252316","contentId":"1439478","authorDomain":"vinnl"}
  • 2 votes
#2.9 - Sat Apr 19, 2008 6:13 PM EDT
{"commentId":1712635,"authorDomain":"jimdent"}

I agree. energynet, you should turn that into an article. This is off subject, but you comment reminded me of the quote who else but the Republican party could convince the majority of Americans that tax cuts for the wealthy was good for them also...

Btw, good article Vinnl

{"commentId":1712635,"threadId":"252316","contentId":"1439478","authorDomain":"jimdent"}
  • 2 votes
#2.10 - Sat Apr 19, 2008 11:20 PM EDT
Reply
{"commentId":1710159,"authorDomain":"sbutki"}

I always wondered if those "internet tubes" would break if too many people used them:)

{"commentId":1710159,"threadId":"252316","contentId":"1439478","authorDomain":"sbutki"}
  • 2 votes
Reply#3 - Sat Apr 19, 2008 7:43 AM EDT
{"commentId":1710172,"authorDomain":"sbutki"}

But seriously, great piece - clipped to Newsviner's Picks.

{"commentId":1710172,"threadId":"252316","contentId":"1439478","authorDomain":"sbutki"}
  • 2 votes
#3.1 - Sat Apr 19, 2008 7:53 AM EDT
{"commentId":1710500,"authorDomain":"vinnl"}

Thanks!

{"commentId":1710500,"threadId":"252316","contentId":"1439478","authorDomain":"vinnl"}
  • 2 votes
#3.2 - Sat Apr 19, 2008 10:13 AM EDT
Reply
{"commentId":1710206,"authorDomain":"Brad-Leclerc"}

Ick....net neutrality, at least in it's current form, is such a bad idea it makes my hair hurt. There have been a few articles on the topic that I've gone in great detail about some of the reasons why I think that, so I won't get into it now unless asked for such specifics...but I do want to point one thing out...

"It is about receiving what you pay for, without hidden restrictions."

That is in no way what it is about. People get that now. There are plenty of laws regarding business practices and contract law that make sure the customer gets what they pay for. This about is about forcing companies to follow regulations above and beyond what people have already agreed to in the ToS and other applicable customer service contracts with their ISP to "ensure" everyone can get the same quality of service and access the same 3rd party services without their ISP interfering...even if their service contracts said they could block such services (or is ambiguous enough to permit changes to the service to make it possible).

Put in the simplest way I can think of, this is about restricting how ISP's to do business. If you don't want to deal with a company that restricts access to a service you enjoy...fine....don't sign up for an ISP that does so.....if you agree to their terms of service, and it allows them to restrict your access, it's not THEIR fault.

Does that mean people get stuck sometimes with a lack of options for ISP's they WANT to deal with...yes. But that's just like every other business out there. If you go to Burger King you can't force them to make you a Big Mac just because Macdonald's would......and if there's no Macdonald's near by.....it might suck...but too bad for you. It's not Macdonald's fault that they aren't near by, and it shouldn't be Burger King's problem that you don't like the stuff they're serving. Same deal here with ISP's. Forcing businesses to supply services in a specific way (above and beyond laws already in place) is a far cry from "freedom".

Look at me...not getting into it....heh. Guess I'll stop there...for now :P

{"commentId":1710206,"threadId":"252316","contentId":"1439478","authorDomain":"Brad-Leclerc"}
  • 2 votes
Reply#4 - Sat Apr 19, 2008 8:14 AM EDT
{"commentId":1710497,"authorDomain":"vinnl"}

Of course ISP's state in their ToS that they can change it whenever they like, without being forced to notify you if they do. However, as we stand today, customers (rightfully) expect to be able to access the full internet if they sign up with an ISP.

If we go with the Burger King analogy, I'd say this is more like: you buy a hamburger, but before you've had a chance to eat it, they remove the cheese from your burger because their ToS changed.

OK, bad example, because a burger king provides goods, not service. Let's say, then, that you're going somewhere by bus, and halfway down the ride, they force you to sit on the roof because they changed their ToS. Now imagine that every bus company would do that. One could argue that that's just how the market works, one could also argue that the system is flawed.

So basically, it's not about "forcing businesses to supply services in a specific way", it's about "forcing business to fully supply the services they say they deliver".

{"commentId":1710497,"threadId":"252316","contentId":"1439478","authorDomain":"vinnl"}
  • 1 vote
#4.1 - Sat Apr 19, 2008 10:12 AM EDT
{"commentId":1710545,"authorDomain":"Brad-Leclerc"}
One could argue that that's just how the market works, one could also argue that the system is flawed.

I could not agree more. The system is...to put it very mildly....@!$%#ed. Net neutrality is not the answer though, it's just another problem.

Your bus analogy is very good.....and that would really suck...but for the analogy to work you would have an understanding that that sort of thing might happen, so getting pissed off about it might make sense....legal action would not.

If the argument was "let's make regulations regarding how clear a ToS agreement has to be, and how potential changes in that ToS are done, to make it fair for the customer, and if need be give them time to decide what to do before such a ToS change goes into effect"...I'd be all for it. That is not what this is about though, it's about restricting how businesses can operate. It may even be beneficial to a lot of people...but "makes a lot of customers happy" is not the same as "freedom".

{"commentId":1710545,"threadId":"252316","contentId":"1439478","authorDomain":"Brad-Leclerc"}
  • 1 vote
#4.2 - Sat Apr 19, 2008 10:25 AM EDT
{"commentId":1710585,"authorDomain":"vinnl"}

Well, an additional problem with this subject (that's not present in the bus analogy) is that this subject is too complicated (or just sounds too complicated) for most people.

But then again, I agree that the best solution would be for another ISP to emerge that did ensure your freedom. The problem with that, however, is that this is a market that is very difficult to enter (or at least, in the US - here in the Netherlands, we already have such an ISP). Which leads me, again, to the conclusion that the system is flawed. It is next to impossible, however, to fix this situation. The second best option, in my opinion, is regulation regarding Net Neutrality.

{"commentId":1710585,"threadId":"252316","contentId":"1439478","authorDomain":"vinnl"}
  • 1 vote
#4.3 - Sat Apr 19, 2008 10:44 AM EDT
{"commentId":1711137,"authorDomain":"JoulesBeef"}

The standard model for ht internet which has gotton us this far and has allowed companies like newsvine, digg, amazon and others to compete head to head with traditional established huge mutlinational corps is specifically because we don't judge the bits. We dotn say this bit is better than that bit. We don't say our voip is better than everyone elses voip cause we have control of the throttle.

if you are sellign access to "The net" youa re not throttlign some of my bits and not others.
If you want to sell access to your walled garden aka AOL, nothing is stopping them
But just cause we let you set up a lemmonade stand in a public park doesn't mean you can fense the park in.. you don't want competition near you? go buy your own land and don't try to do business in the public tax payer built park.

{"commentId":1711137,"threadId":"252316","contentId":"1439478","authorDomain":"JoulesBeef"}
  • 2 votes
#4.4 - Sat Apr 19, 2008 2:07 PM EDT
{"commentId":1715380,"authorDomain":"Brad-Leclerc"}
go buy your own land and don't try to do business in the public tax payer built park.

What about the many parts of the "park" that aren't tax funded? What about the guy that owns the land around the water fountain and has been letting people stroll through it as they please, but decides at some point that maybe he doesn't want to do that anymore for some reason. Would you force him to allow anyone who pleases to travel on his private land just because the land near-by is tax funded?

The whole concept that net neutrality is a fight to make the internet free of obstruction is ludicris. Yes, it would have that effect to a degree, but is government intervention and forced regulation of private property/equipment/services really a move towards freedom of any kind? If it is I haven't heard an argument that showed any signs of it yet. Maybe I will at some point...until then, it just seems like loss of freedom all around in exchange for likely (though not certain of course) price hikes, and a lack of interest in new business models and ingenuity. When the price of creating new business models or doing buisness in new ways is actually made to be restrictive (and in some cases illegal) beyond the usual business/criminal laws...everyone loses. It has been shown in the Cable TV industry (though obviously there are serious differences there in some cases).

Net Neutrality is repackaged control with a shiny new "it's for the freedom of the internet" paint-job....but no one seems to be even trying to explain how that would be the case.

{"commentId":1715380,"threadId":"252316","contentId":"1439478","authorDomain":"Brad-Leclerc"}
  • 1 vote
#4.5 - Sun Apr 20, 2008 10:57 PM EDT
Reply
{"commentId":1711223,"authorDomain":"PamelaDrew"}
Note: This is an article I wrote for a school assignment.

Thank your teacher and let him/her know it's an A+ from me. Happily clipped to my column, thank you. :~)

{"commentId":1711223,"threadId":"252316","contentId":"1439478","authorDomain":"PamelaDrew"}
  • 2 votes
Reply#5 - Sat Apr 19, 2008 2:38 PM EDT
{"commentId":1711269,"authorDomain":"vinnl"}

Hehe, thanks :)

Come to think of it, I think this is one of my two papers I submitted for my IB English exam (this being my second choice, so the other one is supposed to be better...). I'm delighted by the positive comments, let's hope this also means I'll get a high grade.

{"commentId":1711269,"threadId":"252316","contentId":"1439478","authorDomain":"vinnl"}
  • 1 vote
#5.1 - Sat Apr 19, 2008 2:56 PM EDT
{"commentId":2159069,"authorDomain":"vinnl"}

So I successfully completed my IB exam with a 6 (out of 7) :)

{"commentId":2159069,"threadId":"252316","contentId":"1439478","authorDomain":"vinnl"}
    #5.2 - Thu Jul 10, 2008 12:07 PM EDT
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