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Net neutrality
1. "SHOULD THE ADMINISTRATION SEEK TO
REGULATE BROADBAND PROVIDERS AS
COMMON CARRIERS, OR SHOULD THE
INTERNET BE LEFT TO MARKET FORCES?"
By
Gowthaman Karunanidhi
School of Information Studies
Information Management
Syracuse University
2. Introduction
What is Net Neutrality?
It is the concept where the online web content must be treated
equally
The Internet speed must be the same over the network
What is throttling?
It is a practice of slowing down specific types of data. ISPs have
engaged in throttling that targets file sharing protocol. ISPs say that
they do this kind of practise to keep their internet speeds fast, but it is
basically a discriminatory practice that runs contrary to the principle
of Net Neutrality,
NN says all data should be treated equally with no preferences
placed on them by providers
The concept of Net Neutrality “doesn‟t allow the common broadband
carriers to discriminate by using their market power” (Lawrence
Lessig & Robert W. McChesney)
3. Background Information
ISPs took their advantage in controlling internet activities (i.e. they tried to
regulate the internet with their market forces)
ISPs want to make more money by charging companies like Vonage, or
websites like Facebook to make bits of information travelling on the internet
faster for their clients, slower for competitors, or even block the bits travelling
Example:
Comcast tried to control internet activity among its customers by slowing down the
access to BitTorrent (p2p application)
Madison River Communications blocked ports used for VoIP applications
Hence, due to these discrimination on the internet, the concept of „Network
Neutrality‟ came into picture which was enforced by the Federal
Communication Commission
47 U.S.C. 202: “It shall be unlawful for any common carrier to make
any unjust or unreasonable discrimination in charges, practices, or
services by any means or device, or to subject any person to any
unreasonable prejudice or disadvantage”
4. FCC Rules
Transparency: Fixed and mobile broadband providers must disclose
the network management practices, performance characteristics, and
terms and conditions of their broadband services (how effectively the
law will be)
No blocking: Fixed broadband providers may not block lawful
content, applications, services, or non-harmful devices; mobile
broadband providers may not block lawful websites, or block
applications that compete with their voice or video telephony
services
No unreasonable discrimination: Fixed broadband providers may
not unreasonably discriminate in transmitting lawful network traffic.
5. Bills
H.R. 3458 (Internet Freedom Preservation Act)
This Net Neutrality Bill was introduced in 2009 to:
Amend the Communications Act of 1934
Establish a National Broadband policy
Safeguard Consumer Rights
Spur investment and innovation and for related purposes
The bill was introduced to stop ISPs and their parent corporations
from treating some web traffic unfairly
They wanted all web traffic to be treated equally regardless of where
it comes from or going
This bill would allow the government to put into certain “regulations”
which would ensure that all views and opinions on the internet are
viewed in “equal” amounts
It also affects the access providers in terms of money where they
need to comply in accordance with the new policy with the existing
infrastructure. Currently they are using the tiered service which I will
be explaining later
6. The purpose of the whole bill is to set a new national broadband
policy of net neutrality that is different from the current law and policy.
This bill would force the telecom or cable industries to completely
retrofit their networks/business models to net neutrality.
Net Neutrality regulation would only stifle future investment in
broadband networks and limit the ability of creators to protect their
rights online.
Also two bills where passed to protest FCC from regulating or ruling
the internet (H.R. 3924 and S. 1836)
7. Tiered Pricing
These types of net neutrality concerns brought in changes in
available technology and demand have caused ISPs to consider
providing “tiered service” business models.
This service basically charges all the users different rates depending
on their data-transmission needs and bandwidth usage
Even though it has many disadvantages, this model improves the
overall quality of service
How it affects an organization or individual?
With tiered pricing, network operators will provide better service for
people who pay more and the people who are not able to pay will
receive a degraded service
It also affects small startup organizations (websites) that will not
primarily have funds to pay network operators to make sure that
users can connect to their sites with high speed
8. Barack Obama’s Statement on Net Neutrality
Barack Obama strongly supports the principle of network neutrality to
preserve the benefits of open competition on the Internet
This principle will ensure that the new competitors, especially small
or non-profit organization have the same opportunity to bring on
innovation on the internet and to reach large audiences
“Barack Obama supports the basic principle that network providers
should not be allowed to charge fees to privilege the content or
applications of some web sites and Internet applications over others”
9. Stakeholders
Neutrality generally supported by:
Consumer organization
Education and library community
Content providers
Net Neutrality generally opposed by:
Hardware companies
Telecom/cable industries
Major institution
In 2005, Madison River (rural local exchange carrier) tried blocking VoIP calls, prompting an FCC investigation of whether the company had violated its Sec. 201(b) duties as a common carrier. The FCC settled with Madison River after the company agreed to pay a fine and not to block VoIP services. Shortly thereafter, othercable companies said that they would not engage in such blocking.
