Saturn Smith

Orbital Matter
Editor’s Pick
SEPTEMBER 21, 2009 7:45PM

FCC Proposes New Net Neutrality Rules

Rate: 10 Flag

Net Neutrality is one of those long-term geek desires that has seemed, like Starcraft II, both tantalizingly within reach and impossible to ever have. What's Net Neutrality? It's the idea that broadband carriers -- both wired and wireless carriers, that is -- should allow all legal content to travel their networks without intervening. That sounds dull, right? More lively: it's the principle that says Comcast can't hobble the speed at which Netflix or Hulu videos download on their network in order to push you toward using their Fancast Web site instead, and AT&T can't block you from using Skype because it cuts into their business. Net neutrality, most simply, is the idea that providers must be neutral carriers of content.

The FCC. From the No Matter Project/Flickr

This has long been the way the Internet has functioned, though it's hit some speed bumps in the past few years. The FCC found Comcast guilty last year of purposely slowing traffic for high-speed customers using file-sharing programs like Bit-Torrent, but the FCC's enforcement ability is limited. Comcast has challenged the FCC in court (ruling still pending) to see whether it has to adhere to the guideline at all. In the meantime, while we Comcast subscribers struggle to get our Peer-to-Peer copies of the King James Bible and barbershop quartet recordings, the FCC remains something of a paper tiger, growling from the sidelines.

Which is something that current chairman Julius Genachowski would like to fix. Speaking today at the Brookings Institute, Genachowski neatly outlined the problem [full remarks in PDF]:

[T]oday the free and open Internet faces emerging and substantial challenges. Weíve already seen some clear examples of deviations from the Internetís historic openness. We have witnessed certain broadband providers unilaterally block access to VoIP applications (phone calls delivered over data networks) and implement technical measures that degrade the performance of peer-to-peer software distributing lawful content. We have even seen at least one service provider deny users access to political content. And as many members of the Internet community and key Congressional leaders have noted, there are compelling reasons to be concerned about the future of openness.

Suddenly, what sounds annoying -- a longer download time to get the season opener of "Bones"? How dare you, Comcast! -- seems threatening. What if Comcast, or AT&T, or -- does this sound familiar? -- Verizon decides to block messages from a certain campaign? If Candidate A is all for Net Neutrality, and Candidate B is all for laissez fare Internet policy, and they both have videos available online -- should you be prepared to see a "404 - Page Not Found" message at one site and a lightning fast connection at the other? Should text messages from the Open Internet Project be blocked on Verizon phones because they might convince you to take up the fight? Should Google, which supports Net Neutrality, suddenly run a little slower than Yahoo! Search, which has corporate ties with AT&T?

The current guidelines that the FCC has would, under Genachowski's proposal, be adopted as hard, fast FCC rules. No more court-room squabbling for Comcast: all broadband carriers, both wired and wireless, would have to adhere to neutral practices, or face the full wrath of a toothed-up FCC.

This is an effective, if not ideal, solution to the problem. (The best solution would be legislation on the matter, but -- as Google notes -- though momentum has built, it still seems unlikely).

The FCC has opened a new Web site, www.OpenInternet.gov, to explain and promote its Net Neutrality efforts and to collect public comment ahead of its October vote on the new rules. Check it out; if you connect successfully, thank Net Neutrality.

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Comments

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FIRST. (i've always wanted to do that here. hah.)
i can't TELL you how satisfying that was.
Better than independent coffee or milk from the local dairy?
well, let's not get carried away.
I would trade the first spot on any post for that stuff. Honestly, I think I'd trade my blog altogether for consistently good coffee and dairy products.
I just hope that (a) your regulators can get this addressed, and (b) it filters through up here! Canadian providers are also bent on the maximum protection for their right to gouge users. Net neutrality regulations could make it better for all of us. Except the big corporations, naturally, but they'd have to settle for merely huge profits rather than outrageous ones.
critically important issue Saturn and thanks so much for a very well done synopsis. We know that AT&T, for example, is more than willing to go along with doing things that are constitutionally questionable, if not illegal and immoral, so what would their corporate conscience allow them to do with regards to net neutrality? It needs to be fixed and locked in as much as possible before another republican administration comes to power and enables laissez fare out the wazoo.
I would really like to see this happen. I have Comcast for my internet provider and they routinely choke the speed when I'm watching Netflix.
imagine a bunch of brilliant ppl getting together and writing the Declaration of Indendence.
now, imagine a modern era Declaration of Net Neutrality.
yeah, you're right. who could imagine that happening??
An important topic, well covered. How did the squirrel get here first?
luck?

skill?

prolly luck.
This is such an important issue. Thanks for making sure everyone here knows what is going on.
What a difference an administration change can make.
Comcast squeezing out competitors? I thot corporate giants were all for competition and unfettered access to the markets. While they're at it, the FCC ought to do something about cable/satellite providers forcing their own content on subscribers. I for one am willing to pay for ala carte service instead of being forced to take HSN and other embedded programming. Wonder how long some of these channels would last under an ala carte system?
Tom, I, too, would love that change.
The FCC? What about the EFF? How can you write an article on Net Neutrality without mentioning the Electronic Frontier Fonudation?

http://en.wikipedia.org/wiki/Electronic_Frontier_Foundation

The EFF are the geek watchdogs of regulation and first amendment on the net.
"This is an effective, if not ideal, solution to the problem. (The best solution would be legislation on the matter, but -- as Google notes -- though momentum has built, it still seems unlikely)."

The best solution is an Amendment to the US Constitution about the availability of information in elections and in regards to researching politicians.

Legislation is more like a real world happening, but even that is probably a pipedream.

I like the FCC a little more, provided they actually take the cause of Net Neutrality.

We shall see...
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