The Register reports that Google is developing yet another suite of free tools for broadband users–this time aimed at allowing users to monitor traffic-management/shaping conducted by their ISP.
“We’re trying to develop tools, software tools…that allow people to detect what’s happening with their broadband connections, so they can let [ISPs] know that they’re not happy with what they’re getting – that they think certain services are being tampered with,” Google senior policy director Richard Whitt said this morning during a panel discussion at Santa Clara University, an hour south of San Francisco.
The article provides a short-but-interesting history of how Google’s views on Net Neutrality have evolved in recent years and about the debate inside the company as to whether to governmental prohibition of traffic management/prioritization by enshrining some conception of Net Neutrality in law. Today, of course, the company has become perhaps the most outspoken corporate defender of Net Neutrality principles. Google senior policy director Richard Whitt shows no sign of rethinking Google’s commitment to those principles, but suggests that the monitoring tools being developed by Google might fundamentally change the calculus of the debate:
“The forces aligned against us are real. They’ve been there for decades. Their pockets are deep. Their connections are strong with those in Washington,” he said. “Maybe we can turn this into an arms race on the application software side rather a political game.”
As Verizon’s Link Hoewing observes, these tools promise to increase dramatically the transparency of network management practices. This increased transparency will provide a clearer picture of what ISPs are actually doing, something that is largely a subject of speculation today, while helping to remove the current uncertainty that fuels sometimes wild speculation about the “death of the Internet” and other calamities in a world without Net Neutrality. Psychologically, transparency may thus remove much of the need for perceived need for Net Neutrality mandates.
But, of course, as defenders of traffic prioritization argue, there
will be instances where ISPs “deviate from Net Neutrality principles” by prioritizing certain traffic to enable advanced voice and video services over more intelligent networks. (Read, for example, George Ou’s post taking issue with aspects of The Register‘s story.) Of course, some will surely point to such instances as further evidence of the perceived “need” for regulation, but the fact that these practices will be rmore readily apparent to more users than ever before will in fact provide three powerful alternative mechanisms for disciplining ISP traffic management.
Continue reading →
Jonathan Zittrain, who is affiliated with Oxford University and Harvard’s Berkman Center, recently released a provocatively titled book: The Future of the Internet–And How to Stop It. It’s an interesting read and I recommend you pick it up despite what I’ll say about it in a moment. (Incidentally, if you ever have a chance to hear Jonathan speak, I highly recommend you do so. He is, bar none, the most entertaining tech policy geek in the world. Imagine Dennis Miller with a cyberlaw degree.)
Jonathan’s book contrasts two different paradigms that he argues could define the Net’s future: The “generative” Net versus what he refers to as a world of “tethered, sterile appliances.” By “generative” he means technologies or networks that invite or allow tinkering and all sorts of creative uses. Think general-purpose personal computers and the traditional “best efforts” Internet. “Tethered, sterile appliances” by contrast, are technologies or networks that discourage or disallow tinkering. Basically, “take it or leave it” proprietary devices like Apple’s iPhone or the TiVo, or online walled gardens like the old AOL and current cell phone networks.
Jonathan’s thesis is that, for a variety of reasons [viruses, Spam, identify theft, etc], we run the risk of seeing the glorious days of the generative, open Net give way to more tethered devices and closed networks. He states:
Continue reading →
The AP reports today the results of an investigation it conducted on Comcast’s “traffic shaping” practices as they relate to BitTorrent. The bottom line, if the AP is correct, is that Comcast interferes with packets coming from both ends of a BitTorrent communication. Comcast allegedly inserts messages pretending to be one or the other end requesting that the transmission be reset. Susan Crawford has a technical explanation on her blog.
If this is a consistent policy, this is much worse than the meaningless one-off snafus such as Madison River, Pearl Jam, or NARAL. While this is technically legal, and should always be, it’s a bit indefensible. No doubt Comcast and every other access provider should have the ability to manage their networks to ensure that a minority of users doesn’t slow down or increase costs for the majority. However, they should be transparent about what they do.
As the AP reports it (and I’m really looking forward to clarification), “Comcast’s technology kicks in, though not consistently, when one BitTorrent user attempts to share a complete file with another user.” If that means
any BitTorrent user, even if they’re not a heavy user, then the policy seems over-broad to me. In its acceptable use policy,1 Comcast reserves the right to take any measures it deems necessary to deal with subscribers who use too much bandwidth (although how much is too much is not clearly defined). But if the AP is right, this is targeting a specific application, not specific users.
What this all points out to me, however, is that we don’t need regulation prohibiting these kinds of network management practices. The problem is not the practice, but the lack of disclosure, and as Google’s Andrew McLaughlin has said, it’s more of an FTC issue than an FCC one. The other issue this brings up is Adam’s favorite: Why not just have a Ramsey two-part tariff style metering after instead of interfering with legitimate applications?
The Technology Liberation Front is the tech policy blog dedicated to keeping politicians' hands off the 'net and everything else related to technology.