Lauren Weinstein wrote a post on his blog this weekend entitled Detecting and Proving Network Neutrality Violations. The basic thesis: “Without an appropriately broad infrastructure to collect and process metrics associated with network neutrality, it is difficult to understand how anyone can reasonably assert that we would know if and when violations were taking place . . . .”
Undoubtedly. And such an infrastructure should be built in tandem with give-and-take about what consumers most want and need in terms of broadband Internet access services. That is, we need to know what “violates” net neutrality – or, if some non-neutral broadband network serves consumers better – what violates the rules for that network.
Weinstein challenges: “Not even the anti-neutrality folks should be able to logically argue against what might be termed a ‘trust, but verify’ approach.” (I’ll take “anti-neutrality folks” as a careless formulation meaning “opponents of net neutrality regulation” – and accept the challenge.)
I think Weinstein is correct in this. The community of Internet users should run a network of monitors to determine when ISPs are deviating from their Terms of Service and customer expectations, including expectations with regard to neutrality (or non-neutrality), along with all the other dimensions of Internet access service that matter.
Given that the Internet is a communications medium, that community is well-equipped to name, shame, and punish violators of consumer interests and demands. Government regulations that freeze network design in law would focus all the discussion on legal and regulatory mandates, not the best network design, or the true interests of Internet users.
The Technology Liberation Front is the tech policy blog dedicated to keeping politicians' hands off the 'net and everything else related to technology.